Indian Media shoots Juvenile Justice Act in reporting Satna School killing
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| Goa's VM Salgaocar College of Law (VMSCL) Student |
The news about a boy shooting another boy in a remote village Government School in Satna District of Madhya Pradesh in the heart of India has been splashed by media all over. The Hindustan Times newspaper on its January 05, 2008 New Delhi edition page 8 has blatantly gone about disclosing the name of the Juvenile in conflict with law, his photograph in colour, his father’s name and what not. The Times of India newspaper on its January 05, 2008 New Delhi edition page 5 has also gone about disclosing the details of the juvenile which is questionable.
In India, this is not the first time media has taken the law of the land for a ride in such instances. While reporting Gurgaon Euro International School shooting, eight year old Bihar child serial killer etc media had a free for all disclosure of the juveniles involved in the incident.
The legal position in this context as follows: Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) as amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (33 of 2006)., states that: “Prohibition of publication of name, etc., of juvenile or child in need of care and protection involved in any proceeding under the Act-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child shall nor shall any picture of any such juvenile or child shall be published: Provided that for any reason to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. (2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees”.
In India, the National Commission for Protection of Child Rights, as per section 13(1)(a) of the Commission for Protection of Child Rights Act, 2005 should examine the safeguards provided by or under the Juvenile Justice Act (Care and Protection) of Children Act, 2000 and also recommend measures for the effective implementation of the safeguards provided. Further, as per section 13(1) (c) of the Commission for Protection of Child Rights Act, 2005 this Commission can also inquire into violation of child rights and proceedings in such cases. In addition, as per section 13(1)(j) of the Commission for Protection of Child Rights Act, 2005 this Commission can inquire into complaints and take suo motu notice of matters relating to depravation and violation of child rights and non implementation of laws providing for protection and development of children.
Its high time, media matures in reporting news about juvenile in conflict with law else all newspapers must be legally made to publish everyday in the very first page the Thomas Jefferson quote "The man who reads nothing at all is better educated than the man who reads nothing but newspapers."
Arjun Natarajan
V.M. Salgaocar College of Law (VMSCL) student
Panaji, Goa 403 001 India
arjun.vmslaw@gmail.com
About Arjun Natarajan: I attach immense importance to the rule of law and the right to fair trial, with special emphasis as regards juveniles in conflict with law and I am a proud student of V.M. Salgaocar College of Law (VMSCL) Goa which has been taking great strides in improving the quality of legal education in India.