Absurdity in Sec.228A which prohibit publication of name of rape victim

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228A of IPC is added in 1983.

It prohibits printing or publication of name of victim against whom rape is committed under Sec. 376, 376A, 376B, 376C, 376D.

This is only about VICTIM of rape.

It is not offense if police discloses name, victim gives in writing permission to publish her name.

Where she is dead, her next kin can disclose her name to only recognized social welfare organization as per Sec 228A(2)

Punishment is upto 2 years jail plus fine.

Same way proceedings before court cannot be published under 228A(3).

But High Court and Supreme Court judgements can publish names as per explanation to 228A(3)

Absurd

If this is the law than even trial court judge judgement cannot publish name. The law needs correction.

This is absurd that even next kin of dead victim cannot permit disclosure of name to media.

Section does not speak anything about disclosing names of those who may be accompanying victim at time of rape.

This is how I understand section. I may be wrong.

Haresh Raichura
5/1/2013

Three Hate Speech Laws of India Where Police can arrest without warrant

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There are three main Hate Speech Laws in India.

Sec.153A IPC Hate Speech to provoke enmity between groups of different religions:

Police can arrest without warrant, non bailable, non compoundable.Three Year Jail or fine only or both.

Hate Speech to destroy Unity of Nation,

153B IPC, police can arrest without warrant, non bailable, non compoundable, 3 year Jail, or fine or both.

If such hate speech given from a place of worship, then jail upto 5 Years under 153B(2)

Hate Speech to provoke riots:

153 IPC, Police can arrest without warrant, non bailable, non compoundable, 6 month Jail or fine or both if riot not committed following speech, and riots are committed following hate speech than 1 year Jail, fine or both

Haresh Raichura
4/1/2013