A newspaper report on the recent Gurgaon rape case concludes with the correspondent informing the readers that the victim was hired to “engage with male customers”. How is this piece of information relevant to the public at large? What does it really tell us about the crime? What it does, vaguely though, is describe the victim’s job. Is that relevant to the crime? Not really.
The reporting on the rape cases of the last few weeks has once again highlighted the Indian media’s failure to take into account some critical precautions while covering cases of sexual assault against women. Most crime reporters use the police as sources of information. The police often share a comfortable rapport with journalists who periodically seek them out for news. In private conversations, they possibly divulge more information than necessary. In an interview that I conducted last year with a few senior crime reporters, one senior law correspondent of an English daily admitted, that a good journalist always has more information than a copy needs. It is up to journalists to exercise their discretion, and leave out details that won’t necessarily benefit the story, the reporter added. Sure, the police should not be sharing intimate details of victims. Nevertheless, the media is obligated while reporting cases of sexual assault, to shield the identity of rape victims.
Section 228A of the Indian Penal Code, 1860 prohibits the disclosure, not only of the victim’s name, but also of facts that could lead to the identification of the victim, such as the place of residence, identifying or naming the victim’s family or friends, university, or work details.
The Press Council of India’s Norms of Journalistic Conduct (“the PCI norms”) warn journalists not to give excessive publicity to victims, witnesses, suspects, and accused. The paramount concern in addition to the protection of victims is that, in publishing intimate details of their lives, the media exposes them to unwarranted public scrutiny. This safeguard protects the accused as well. Much of that information fails to add any value, unless it serves a genuine overriding public interest. Such information often obliquely encourages questions about the victim’s character and panders to unhealthy public curiosity. In the T.I.S.S. rape case for instance, the media published details from the victim’s written statement to the police. That information did not serve any public interest.
So, how do the personal details of a victim’s marital status, like in the Gurgaon or Calcutta rape cases, add value to the story? How is it relevant to the crime? The Supreme Court in State of Karnataka v. Puttaraja, warned against the disclosure of the rape victim’s identity even in the printing or publication of judgments issued by the High Courts or the Supreme Court. The Court observed that, “social victimization or ostracism of the victim of a sexual offence for which Section 228-A has been enacted, it would be appropriate that in the judgments, be it of this Court, High Court or lower Court, the name of the victim should not be indicated.” Further, the PCI norms prohibit the visual representation or photograph of not just the victim, but also her family or relatives to avoid identification.
Beyond the question of naming victims, the recent media rape narratives also follow a familiar trajectory. The key terms, “married woman”, “unaccompanied in a pub”, and “late at night” come together to the conclusion, “raped”. What does the media narrative of married women alone in pubs at night insinuate? It suggests that the woman was reckless or foolish to be out on her own that late. There is a chauvinist undercurrent in that detail. It invites the response — what was a married woman doing in a bar alone at night? Why was she there?
It offers little insight into the reasons for the crime. Such rape coverage in the media promotes curiosity and interest in the victim’s life. It does not add to our understanding of rape or why it takes place. Instead, it feeds the propagation of the dominant misogynist view, that women of a “certain type” deserved to be raped.
This article was previously published at mylaw.net.
- Report Rape & media will plaster your mug on national television for all to see (indologygoa.wordpress.com)
- “The rape victim had gone there willingly. She was not lured into it. They drank vodka.” (indianhomemaker.wordpress.com)
- Gurgaon pub attendant gang rape victim: Went willingly? Refused medical test? (indianhomemaker.wordpress.com)