Crime in Name of Justice for Her – Jus Dicere

Asifa was 8 years old and was wearing a purple salwar kameez when she disappeared on Jan10. Days later, her body was found in the forest, in the same purple salwar kameez.  Reports says, she was abducted while playing near her house, sedated for three days, tortured and gang raped.

Citizen’s protest and demand justice for Asifa rape and murder case. Shouting slogans ‘Asifa hum sharminda hain tere Qatil zinda hain (Asifa we’re ashamed that your murderers are alive). The citizens violate privacy of a rape victim by disclosing name and age of the victim. The citizens are violating the mandate of section 228A of the Indian Penal Code, 1860 by disclosing identity of the victim. However, subsection (2) clause (c) of section 228 A provides that any printing or publication of the name or any matter which make known the identity of the victim if such printing and publication, where the victim is dead or minor shall be punished. The object behind this section is rehabilitation of a rape victim. The statute provides punishment up to 2 years and fine whoever publishes or disclose the identity of the victim.

For the full three years, the identity of the girl “Nirbhaya” was protected under the law, with no one knowing her real identity. The individuals and media who protest and demand justice for Asifa has fully disclosed her real identity including her name, address, photographs etc.

 However, section 23 of the protection of Children from the Sexual Offence Act, 2012 contains a procedure of media. This section prohibits any form of media or studio or photographic facilities without having completed and authentic information, which may have the effect of lowering his reputation or infringing upon his privacy. Media shall not disclose, the identity of a child including his name, address, photograph, family details, school, neighbourhood or any other particulars which may lead to disclosure of identity of the child.

Keeping in view the social object of preventing social victimization of the victim of a sexual offence for which section 228A, has been enacted, the name of the victim should not be indicated as we have chosen to describe her.