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Naming of rape law: Family has 'no objection' but what does law say

Dailybhaskar.com   |  Jan 02, 2013, 19:32PM IST
New Delhi: While Union Minister Shashi Tharoor had suggested that the name of Delhi gang-rape victim's name should be revealed and the girl's family saying it has no objection if the new rape law is named after her, Section 228A of the Indian Penal Code says it's a punishable offence to reveal victim's identity.

The family of Delhi gangrape victim told the media on Wednesday that it would be an honour for them if the new rape law will be named after their daughter.
 
According to TV reports, the family has said it won't object if the girl's name is made public for this purpose. 
 
The family also says naming rape law after her will be an honour.
 
Union Minister Shashi Tharoor had yesterday favoured making public the identity of the gang-rape victim wondering what interest was served by keeping her name under wraps.
 
Tharoor, the minister of state for human resources development, had also said the revised anti-rape legislation should be named after the victim if her parents do not have any objection.
 
"Wondering what interest is served by continuing anonymity of #DelhGangRape victim. Why not name&honour her as a real person w/own identity?" he asked on micro-blogging site Twitter.


Making public rape victim's identity: Read what law says
 
Section 228A, Indian Penal Code, 1860
 
228A. 1 [ Disclosure of identity of the victim of certain offences, etc.--
 
(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 376, section 376A, section 376B, section 376C or section 376D is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.
 
(2) Nothing in sub- section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is-
 
(a) by or under the order in writing of the officer- in- charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or
 
(b) by, or with the authorisation in writing of, the victim; or
 
(c) where the victim is dead or minor or of unsound mind, by, or with the authorisation in writing of, the next- of- kin of the victim: Provided that no such authorisation shall be given by the next- of- kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation. Explanation.- For the purposes of this sub- section," recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government.
 
(3) Whoever prints or publishes any matter in relation to any proceeding before a court with respect to an offence referred to in sub- section (1) without the previous permission of such court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Explanation.- The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section.]

 

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Rape law can be named after our daughter: Family of Delhi braveheart

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