Media is one of the 4 pillars of democracy besides the Legislature, Judiciary, and the Executioner. The existence of an independent Judiciary, independent executionary and a free media is essential for a healthy Constitutional democracy. Media plays a vital role in dissemination of information to the people at large. However Media freedom also entails a certain degree of responsibility. This article is based on my experience working in the field of child rights in Goa.
Mass media is one of the important stake holders in the country and can play a vital role in child protection, prevention, and awareness on the importance of child rights. The role of media does not end here; it raises awareness, influences behaviour and generates public opinion. It also provides credible information, alerts citizens and stake holders and creates a demand for special support services. In short the Media acts a watchdog of the society at large. Media in Goa has worked intensively in curbing violation and keeping people upraised on various issues including child rights. The Government has been forced to take action on numerous issues only after the media came down heavily on the State. All stake holders should give three cheers to all media personnel working in Goa for their strength and commitment.
But the reality comes here wherein there is reporting of cases involving child abuse. In recent days it can be seen how the media has been carrying the news on cases of child abuse in Goa. The question arises as to whether the Media should be allowed to carry news of child abuse and whether the names, information of the accused and the complainant be carried out in the articles? I would answer both these questions in the negative.
The Indian Constitution allows freedom of speech and expression but this right are not absolute and are governed with restriction, and in cases of reporting cases of child abuse it is fenced with, protecting the identity of the victim. Journalists are governed by norms which have been drafted by the Indian Press Council and the same are binding on the Journalist all over the country. The norms issued contain certain provisions such as right to privacy and guidelines in reporting cases relating to children. The whole objective of this narrows down to non disclosure of victims name and protection of their right to privacy and confidentiality.
India has been signatory in the year 1992 to the United Nation Convention on the Rights of the Child (UNCRC), wherein it was agreed to protect children from all sorts of abuse by any person and adjudicate issues of abuse and rights in the best interest of the child. Moving on to the Indian Constitution Article 19 provides for the freedom of speech and expression but this right is not absolute and contains certain exceptions.
Now a day there is so much of reporting on child abuse and issues relating to children that such reporting leads to the disclosure of victim’s identity may be not directly but indirectly. The publishers have forgotten that while reporting crime involving rape, abduction or kidnap of women or sexual assault on children, and infants or 'forcible marriage' the names, photographs of the victims or other particulars leading to their identity should not be published.
There are numerous other legislations besides the India Constitution which provides for the protection of rights to privacy and confidentiality of the victims as the paramount issue and made special provision are in the act to prohibit the disclosure of the victim’s identity.
Other legislations such as the Indian penal Code (section 28), Juvenile Justice act and Goa Children’s Act 2003 are the swords which protect the disclosure of victim’s identity. But these legislations and various Supreme Court interpretation to abstain from disclosure of the names of the victims, have all been a wasteful of exercise.
Brief on the legislations mentioned above:
Indian Penal Code
Section 228A of the Indian Penal Code provides for the strictly protect the identity of the persons who come under the preview section 376, section 376A, section 376B, section 376C, or section 376D whether alleged or found to have been committed (hereafter in this section referred to as the victim). This section also protect the victims who are dead or minor or of unsound mind. The Supreme Court in various Judgments has interpreted these provisions to such an extent that it has restricted judges of lower court not to mention the name of the victim in their judgment of section Juvenile Justice Act.
Juvenile Justice Act 2000
This act is a central legislation and applicable to the whole of India. Section 21 of the Juvenile Justice Act 2000 speaks about Prohibition of publication of name, etc., of a juvenile in conflict with law or a victim child and also any report disclosing the name of the child or the name of the child in conflict with law. Under this provision the authority is meant to take a suo motto action and hold an inquiry into the same.
Goa Children’s Act 2003
This act is a state legislation applicable to the whole of Goa. Section of the Goa Children’s Act 2003 plays an important role in adjudicating into the disclosure of the victim’s name. Goa children’s Act 2003 is also governed by the principle of Right to Privacy and confidentiality.
Conclusion:
There needs to be a professional and moral obligation on publishers, reporters and young journalist while reporting of cases involving child abuse. The fundamental objective of journalism is to serve the people with news, views, comments and information on matters of public interest in a fair, accurate unbiased, sober and decent manner. Inspite of publisher of different media being governed by the norms of professionalism, on various occasions the identity of the victim is disclosed. The Human Rights Commission have also issued guidelines to media while dealing with reporting of victims of abuse. It’s high time that media pays heed to the needs and be cautioned from infringing the rights to privacy of the innocent children in India.
