Shillong, May 10: It has come to the notice of the National Commission for Protection of Child Rights (NCPCR) that a section of the media including some TV channels has shown is showing the pictures and photographs of the 8 year old minor girl who was raped and murdered in Rasana village of Kathua District of Jammu and Kashmir.
Such publication of photographs of rape victim or sexually-abused children is prohibited under section 74(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 and makes the violator punishable with imprisonment and or fine even in the case of a deceased victim.
It may be recalled that the Commission had issued a press release on March 8, 2018 informing that even disclosure of the identity of a deceased child also attracts the penal provisions of section 74(1) of the above said Act.
The Government of India has clarified that the provision of Section 74 of the Juvenile Justice (Care and Protection of Children) Act, 2015 which prohibits disclosure of identity of children, is also applicable in case of disclosure of identity of a deceased minor.
Section 74 of the Juvenile Justice Act, 2015 states that no report in any newspaper, magazine, news-sheet or audio-visual media or other forms of communication, regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published.
Provided, that for reasons to be recorded in writing, the Board or Committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child. The police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed of.
Any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or both.
