Muzaffarpur rape: SC bans publication of pictures and videos of child victims

The Supreme Court ordered on Tuesday a blanket ban on publication of pictures — morphed or blurred photographs — and videos of child victims of sexual abuse in the country after it learnt that media published images of those who were physically exploited in Deoria in Uttar Pradesh.

A three-judge bench led by justice MB Lokur also expressed serious concern over rising incidents of rape in the country and quoting National Crime Records Bureau (NCRB) figures, said every six hours a woman is raped in India.

“What is to be done? Girls and women are being raped left, right and centre. Figures suggest four rapes take place daily and these are reported statistics. God knows how many go unreported,” justice Lokur remarked.

The court took strong exception to the publication of pictures and the telecast of videos of victims. Also comprising justices Deepak Gupta and newly sworn-in justice K M Joseph, the bench issued the directive to print, electronic and social media.

The ban was imposed while the court was hearing a matter related to sex abuse at government-run shelter home in Muzaffarpur, Bihar.

On August 2 the same court had restrained the media from publishing, printing or showing faces of child inmates allegedly abused.

Justices Lokur and Gupta took cognisance of a letter written to them narrating the torture. “They (victims) cannot be compelled to relive the trauma again and again,” the court had then said in its order.

On Tuesday, the court made it clear that only National Commission for Protection of Child Rights (NCPRC) and State Commissions for Protection of Child Rights (SCPRC) can interview the inmates of Muzaffarpur homes, with the help of trained counselors. Nobody else would be allowed to meet them, it said.

Immediate arrest of wife of an accused was ordered for publishing the name of the child victims on her Facebook wall.

Justice Lokur also slammed Delhi Commission for Women chairperson, Swati Maliwal, for wanting to be heard in the matter and asked her not to “politicise” the issue.

Justice Lokur also took a dig at the Bihar government for failing to prevent the abuse. “You seem to be funding the activities (sexual abuse) there. You have been giving money to the NGO for running the shelter home and do not even check its background,” he told senior advocate Ranjit Kumar, appearing for Bihar government.

His comments came when he was told that the NGO appeared to be involved in the crime.

As suggested by advocate Aparna Bhat, who is assisting the bench, SC earmarked the work of National Institute of Mental Health and Neurosciences (NIMHANS), Bangalore, All India Institute of Medical Sciences (AIIMS), Patna and Tata Institute of Social Sciences (TISS), Mumbai — the three agencies involved in taking care of the victims.

NIMHANS, SC clarified, will deal with psychiatric and mental health of child victims of sexual abuse, AIIMS will offer medical and clinical help, while TISS will look into the social rehabilitation aspect.

The court asked them to prepare a roadmap suggesting the steps that could be taken to improve the conditions of the children in such shelter homes.

Bhat informed that one of the girl inmates at the shelter home has gone missing. She demanded security for all the victims since they were testify against influential accused.

TISS that conducted an audit of 110 shelter homes in Bihar pointed out that it had raised “grave concerns” in case of 15, including the Muzaffarpur shelter home.

Vrinda Grover, appearing for TISS, informed the court that penal action was necessary in some, while correctional measures had to be taken in others.

Bihar government accepted Grover’s version. Kumar told the bench that a criminal case has been registered in connection with nine shelter homes. “With regard to six we have initiated departmental action against errant officers as the offences were minor in nature,” the senior advocate submitted.

On learning that Centre had conducted a survey of 8,000-9,000 shelter homes across India, the bench asked the Union of India to provide a copy of the document on a pen drive. The court was told that Centre has not made the survey report public.

The bench then asked Bihar government, Union ministry of women and child development to file affidavits giving updates by August 14 on the Muzzafarpur sex abuse case.

First Published: Aug 07, 2018 23:35 IST