Taking suo moto cognisance of the alleged rape of a minor girl in Bandipora, the High Court on Wednesday sought reports on status of investigation of the case registered, medical treatment of the victim, her counseling, legal aid and compensation.
A division bench ofChief Justice Gita Mittal and Justice Tashi Rabstan, after treating the matteras a Public Interest Litigation, also asked for identifying the media reportsthat had revealed the identity of the victim and called for immediate actionagainst the persons responsible for such reports.
After impleading Kashmir Range Inspector General of Police,Secretary Health and Medical Education and Member Secretary J&K State LegalServices Authority as party respondents, the court issued notices to them.
The Court directed the IGP Kashmir to report by May 17 thesteps taken for effective investigation into the matter as well as protectiongiven to the victim and her family.
While the court directed the Secretary, Health and MedicalEducation to describe the steps taken regarding medical examination, medicaltreatment and counseling being administered to the victim, it sought a reportfrom the SLSA indicating the status of legal aid provided to the victim as wellas the status of the release of compensation admissible to her.
The court also directed Member Secretary SLSA to file aseparate report indicating the measures,
includingsensitization programs, underway in the matters relating to sexual violence.
State’s seniorAdditional Advocate general BA Dar accepted the notice on behalf of the IGPKashmir and Secretary Health and Medical Education department after the courtasked him for the same. The Court asked Dar to file reports in terms of thisorder positively on or before 17 May.
Given the importanceof this matter, the court appointed advocate Farah Bashir as Amicus Curiae toassist this Court.
The court also disapproved of the media reports thatidentified the minor victim.
“The victim as per newspaper reports is a minor girl childof three years age. With regard to the disclosure of identity of victim ofsexual offence, two statutory provisions deserve notice,” the court said.
The court said such reporting has done grave injustice tothe privacy and dignity of the child.
In this regard the court referred to Jammu & KashmirProtection of Children from Sexual Violence Ordinance, 2018, and provisions of Section 228-A of the RanbirPenal Code.
Citing the Jammu & Kashmir Protection of Children fromSexual Violence Ordinance, 2018, the court said: “This special statute includesSection 23 which prescribes the procedure to be followed by the media inreporting cases of sexual violence against children and rules.”
The statutory provisions,the court said, are stringent, compliance thereof is mandatory andcontravention is punishable.
“We are of the view that immediate action is required to betaken to identify the reports in the print and electronic media whereinprovisions of the Section 23 of the Jammu and Kashmir Protection of Childrenfrom Sexual Violence Ordinance, 2018, have been violated and action takenagainst the persons responsible for the same,” the court said.
The court asked advocate Farah as amicus to give details ofthe reports regarding the incident, which have been published in print andelectronic media in violation of Section 23 of the Jammu & KashmirProtection of Children from Sexual Violence Ordinance, 2018.
“We shall proceed inrespect of such reports upon receiving the list and copies of the reports,” thecourt said.
The court treated the matter as Public Interest Litigationwhile underscoring the need for taking in mind the various factors, which mustprotect the minor rape victim.
“The incident at hand is not the first incident of sexualviolence in the state. Sexual violence unfortunately is endemic to human beingsand is not confined to any particular culture, class, religion, age orgeographical location,” the court observed.
” While legislations have attempted to take a strict view ofthe matter and provide stringent punishments for sexual violence, however, itis increasingly being found that even youngsters are being implicated, some ofthem unwittingly rendering themselves liable under penal laws being ignorantand unaware of the consequences of their acts or omissions,” the court added.
The court held that in order to address the relatedconcerns, the High Court of Jammu and Kashmir and J&K SLSA hadconceptualized a robust programme of sensitizing and training school childrenin the 14-17 age group. The programme was named ‘Child Abuse and SexualViolence Interpersonal and Digital Interface’. The children in this age group,the court observed, could be held culpable under stringent penal laws—POCSO Act,Juvenile Justice Care and Protection Act, Ranbir Penal Code, IT Act—foromission/actions which “they might have misguidedly or unwittingly committed”.
“This programme includes sensitizing children on such usageof the electronic media which could invite stringent penalties under cyberlaws,” the court said.
The programme was inaugurated on 24 December 2018 at theDelhi Public School, Jammu.
“This is an attempt on the part of the justice deliverysystem in the state to take on board all stakeholders towards awareness ofsensitization with regard to issues relating to sexual violence. Two days’training programme was organized on 22 and 23 December last year at J&KState Judicial Academy at Jammu”.
Additionally, the court said, all secretaries of the DistrictLegal Services Authority have undergone an Orientation Training Programme withthe Delhi State Legal Services Authority in January 2019.
“The incident which is the subject matter of this orderhighlights the importance which needs to be attached to this sensitization andtraining programme and emphasizes vigour with which it needs to be pursued” thecourt said.