CHENNAI: Based on the Supreme Court’s directions not to disclose the identity of a rape victim under the Protection Of Children from Sexual Offences (POCSO) Act, the Social Welfare and Nutritious Meal Programme department issued a release on Wednesday.
The directions issued were:
The details including name of the victim, cannot be published in the media or social media or even in a remote manner disclosing facts which can lead to the victim being identified.
In case, the victim is dead or of unsound mind, the name of the victim and the identity should not be disclosed even under the authorization of the next of kin, unless justifying the disclosure of her identity, which shall be decided by the competent authority, which at present, is the sessions judge.
In case, a victim files an appeal under section 372 CrPc, it is not necessary for the victim to disclose the identity and the appeal shall be dealt with in the manner laid down by law.
The police officials should keep all the documents in which the name of the victim is disclosed, as far as possible, in a sealed cover.
All the authorities to which the name of the victim is disclosed by the investigating agency or the court, are also duty bound to keep the name and identity of the victim secret, except when it is sent to the investigating agency or the court in a sealed cover.
An application by the next of kin to authorise disclosure of identity of a dead victim or of a victim of unsound mind, should be made only to the sessions judge concerned, until the government acts and lays down criteria as per directions for identifying such Social Welfare institutions or organizations.
In case of minor victims under POCSO, disclosure of their identify can only be permitted by the special court, if such disclosure is in the interest of the child.
Court stays release of ‘Kalavani 2’
Chennai: Kalavani 2 starring Vimal scheduled to be released on July 5 has been stayed by the Madras High Court. There shall be an order of an interim injunction restraining A Sargunam, sole proprietor of Varmans Productions and sole representative of Sargunam Cinemaz, from releasing, selling, exploiting, alienating, transferring, parting with the possession or ownership or any rights of the film till July 10, Justice Pushpa Sathyanarayana said.
The same was based on a civil suit from J Jayakumar of Pattukottai, on Wednesday. According to Jayakumar, a co-producer of the picture, he entered into a agreement on November 28, 2018, with Sargunam and funded `60 lakh for the picture. As per the agreement, the principal amount shall be repaid one week before the release of the picture. However, the producer fixed the date of release of the film on July 5 without repaying the amount. Hence, the present suit. The matter has been posted for further hearing on July 17.