Absurdity in Sec.228A which prohibit publication of name of rape victim

228A of IPC is added in 1983.

It prohibits printing or publication of name of victim against whom rape is committed under Sec. 376, 376A, 376B, 376C, 376D.

This is only about VICTIM of rape.

It is not offense if police discloses name, victim gives in writing permission to publish her name.

Where she is dead, her next kin can disclose her name to only recognized social welfare organization as per Sec 228A(2)

Punishment is upto 2 years jail plus fine.

Same way proceedings before court cannot be published under 228A(3).

But High Court and Supreme Court judgements can publish names as per explanation to 228A(3)

Absurd

If this is the law than even trial court judge judgement cannot publish name. The law needs correction.

This is absurd that even next kin of dead victim cannot permit disclosure of name to media.

Section does not speak anything about disclosing names of those who may be accompanying victim at time of rape.

This is how I understand section. I may be wrong.

Haresh Raichura
5/1/2013