Reporting and Public Disclosure of matters under POSH Act - Bombay HC guidelines

Bombay High Court lays down new guidelines for media reporting and public disclosure of matters under POSH Act. Section 23 (2) of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as POSCO Act) condemns the disclosure of the identity of a child including his/her name, address, photograph, family details, school, neighborhood or any other details which reveals the identity of the child.

The fundamental right to privacy and dignity is guaranteed under Article 21 of the Indian Constitution with reasonable restrictions. At the same time special care and protection is garnered to children as they are the asset and the future of any nation. Thereby, protecting their privacy is of utmost importance and all the child welfare legislations are formulated in such a way so that their privacy is protected.

According to Article 16 of Convention on the Rights of the Child (hereinafter as CRC), “No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence or to unlawful attacks on his / her honour and reputation.”

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