Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA
The Jharkhand High Court has declined to quash charges against Jamtara MLA and Minister for State's Rural Development, Dr. Irfan Ansari, who has been accused of circulating the identity of a minor rape victim to the media via WhatsApp.
A single bench of Justice Arun Kumar Rai referred to Section 228A IPC which prohibits printing or publishing the name or rape victim identity in any matter. It further held that Section 23 of POCSO Act, which bars revealing the identity of minor rape victim in "any form of media or studio or photographic facilities", includes WhatsApp groups.
It said,
"As far as Section 23 of POCSO Act, 2012 and Section 74 (1) (3) of Juvenile Justice Act, 2015 are concerned, the ingredients of both the sections with the above stated facts and discussion, clearly shows that prima facie Whats App news group in the name of “Nala News” in which message regarding identity of victim and her photograph were sent, would come within the domain of “any form of media” & “audio-visual media”."
Ansari had challenged Sessions Court order which dismissed his plea for discharge. The case stems from a 2018 incident when Ansari, along with his supporters, visited a minor rape victim admitted to Sadar Hospital, Jamtara. It was alleged that during the visit, the victim's name, address, and photograph were taken and later shared with media outlets and other organisations on WhatsApp groups.
The Court, after careful consideration, determined that a prima facie case was established under Section 228A of the IPC, noting that it was an admitted fact by the petitioner that messages and photographs of the victim had been forwarded to a social media platform. This was corroborated by witness Suman Bhattacharya, who testified that he had created a WhatsApp news group called "Nala News" in 2016.
Bhattacharya further stated that the group included representatives from the district, administrative and police officials, as well as intellectuals and reporters. He also mentioned his previous affiliation with Zee Media and his current role as an active reporter for "News Flash – The Face of India."
The Court further highlighted Bhattacharya's statement to the Investigating Officer (I.O.), which revealed that a photograph of a teenage girl, along with a message, had been posted in the WhatsApp group from Ansari's phone. The content of the message indicated that the teenage girl was a victim of rape, and her name was disclosed in the post.
Though Ansari claimed that the message was posted by his Secretary, the Court observed that prima facie "involvement of the petitioner in disclosing the identity including the photographs of the victim over the social media via whatsapp” is established.
Case Title: Dr Irfan Ansari v. The State of Jharkhand
LL Citation: 2024 LiveLaw (Jha) 147