The Bombay HC took cognizance of an action of “Mid-day” tabloid. The tabloid had published the name and photo of a 9 year old child related to a criminal case titled, Akanksha Amol Kelkar vs State of Maharashtra & Anr. It issued a notice to the Mid-Day team to which the editor, reporter and publisher shall be liable. They have been provided time till 1st of February, 2023 to file a reply as to why legal action should not be taken against them.What is a Tabloid?Just as newspapers circulate news in hard copies, tabloids are also similar magazines which are half the size of a newspaper and are circulated around in the form of hard copies. Bombay HC questions-Bombay HC questions-Bombay HC questions-Bombay HC questions
Why Should Details of a Child Not be Published?According to Section 74 of the Juvenile Justice Act, it has been mandated that the identity of juveniles must not be disclosed at any time relating to a case. This is because the privacy of children is a very critical matter and any infringement of privacy can harm the mental and physical well- being of the child.Effects of the FIR and the Publication on the ChildMid-Day’s actions had violated the Juvenile Justice Act, 2015. The FIR that Mid-Day had reported which was regarding a minor accident in which the child had hit a woman with his bicycle. The Bombay HC had quashed the FIR in October 2022 on finding the child not guilty. The Bombay HC also considered the fact that the child was very traumatized mentally after the FIR. The news report of Mid- Day only amplified the child’s trauma and hence, the Bombay HC had to step in, in order to safeguard the privacy of juveniles.Other Provisions Protecting Privacy of JuvenilesApart from the Juvenile Justice Act, even the POCSO Act provides for non- disclosure of identity of children. The POCSO Act has been designed in such a way that in all stages of the complaint and trial, the privacy of juveniles and children is kept as the utmost priority. Special courts have been designated for this purpose and even the trial system is completely different. Questions are not even asked directly to the child by a lawyer, but through the judge. The child is also kept away from the accused and assisted by a guardian at all times.Importance of Privacy of JuvenilesThe juvenile stage of life is such that events within this stage have a long- lasting impact on a person’s life. Any traumatic experience during this stage shapes the further development and character of the juvenile. Therefore, all legal regulations regarding privacy of juveniles are to be implemented with utmost seriousness. It is nothing but a safeguard to protect the youth and future of the country.
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Why Should Details of a Child Not be Published?
According to Section 74 of the Juvenile Justice Act, it has been mandated that the identity of juveniles must not be disclosed at any time relating to a case. This is because the privacy of children is a very critical matter and any infringement of privacy can harm the mental and physical well- being of the child.
Effects of the FIR and the Publication on the Child
Mid-Day’s actions had violated the Juvenile Justice Act, 2015. The FIR that Mid-Day had reported which was regarding a minor accident in which the child had hit a woman with his bicycle. The Bombay HC had quashed the FIR in October 2022 on finding the child not guilty. The Bombay HC also considered the fact that the child was very traumatized mentally after the FIR. The news report of Mid- Day only amplified the child’s trauma and hence, the Bombay HC had to step in, in order to safeguard the privacy of juveniles.
Other Provisions Protecting Privacy of Juveniles
Apart from the Juvenile Justice Act, even the POCSO Act provides for non- disclosure of identity of children. The POCSO Act has been designed in such a way that in all stages of the complaint and trial, the privacy of juveniles and children is kept as the utmost priority. Special courts have been designated for this purpose and even the trial system is completely different. Questions are not even asked directly to the child by a lawyer, but through the judge. The child is also kept away from the accused and assisted by a guardian at all times.
Importance of Privacy of Juveniles
The juvenile stage of life is such that events within this stage have a long- lasting impact on a person’s life. Any traumatic experience during this stage shapes the further development and character of the juvenile. Therefore, all legal regulations regarding privacy of juveniles are to be implemented with utmost seriousness. It is nothing but a safeguard to protect the youth and future of the country.
