Double Victimhood in Safapora Rape-Murder Case: Digital Platforms Under Fire

Legal experts and activists say, giving away identity of victim is violation of laws and ethics and call for stricter enforcement of laws and media ethics guidelines.
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The image is representational. Photo/AI Generated
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GANDERBAL: The recent rape and murder of a young woman in Safapora has sparked a wider debate over media ethics and victim privacy as digital news platforms, in clear violations of the law and principles of responsible journalism, splashed the victim’s personal details on social media.

The shocking incident occurred on July 12 when a local woman from Kondbal visited her sister-in-law's home in Safapora, but was brought home dead.

According to the police investigations, the accused, identified as Sajad Ahmad (the victim’s brother-in-law), had taken the victim to a hospital claiming she suffered from toothache. However, investigators discovered he instead led her to an isolated field where he sexually assaulted and killed her.

"When she tried to escape, he pushed her violently, causing fatal head injuries," a police officer told local media. The crime scene was located after officers spotted blood stains on the road, despite the accused's attempts to pass off the death as a bathroom accident. The case had sparked massive protests in the Safapora area, with residents raising slogans demanding justice.

Despite the Police’s swift action in the rape and murder case, the digital violation of privacy of the victim has still not caught the official attention.

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Violations Unnoticed

Both as per the court guidelines and the Press Council of India (PCI), which sets ethical standards for responsible journalism, there are clear and firm guidelines for reporting cases involving rape and sexual assault.

These guidelines emphasize that the identity of the victim must never be revealed, whether directly (through name and photos) or indirectly (by publishing details that lead to identification). This principle is meant to protect the victim’s dignity, family reputation, and mental well-being of those grieving.

In the Safapora case, however, multiple digital news platforms and YouTube channels chose to disregard these standards. They uploaded uncensored photographs of the victim, some allegedly taken from inside her home, hospital, or family documents.

These were shared widely on Facebook, Instagram, and WhatsApp, sometimes paired with emotionally charged and graphic headlines designed to provoke public reaction and boost engagement.

Under Section 73(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, which replaced the Indian Penal Code (IPC) on July 1, 2024, it is a criminal offence to publish or broadcast any material that could reveal the identity of a victim of sexual offences, including their name, photograph, address, family details, or any other clues.

Additionally, Section 74 of BNS (which replaces the former Section 228A IPC) reinforces the illegality of such disclosures by penalizing the act of making a rape victim's identity public without legal authorization.

This law applies across all platforms of print, television, digital media, YouTube, or social networking sites. It applies to victims alive or deceased. Violating this provision can lead to imprisonment for up to two years, a fine, or both.

According to Advocate Asif Ali of the High Court of Jammu and Kashmir, “Media must conceal all details that could lead to the identification of a victim, such as names and photographs. They are legally and ethically bound to follow strict reporting protocols, train their staff on sensitivity in such cases, consult legal experts where necessary, and refrain from publishing unverified or harmful information.”

“Any violation not only breaches Section 72 but also deeply undermines the dignity of the victim,” he added.

Ali quoted both the Section 72 of BNS and  the Nipun Saxena v. Union of India* (2018) judgement in which the Supreme Court ruled that disclosing the identity of sexual crime victims, including names, photos, or other details, is strictly prohibited, even after their death, as it violates their right to privacy and dignity under Article 21 of the Indian Constitution.

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Violation of Dignity & privacy

Legal experts believe that such acts not only break the law but also deeply harm the dignity and privacy of victims and their families.

Media Council Ganderbal also expressed deep concern over the unethical circulation of the victim’s photos and videos on social media. Addressing the growing need for responsible journalism and digital awareness, Syed Nazakat Khaleefa, a young journalist and President of the Media Council Ganderbal, emphasized the importance of media literacy and ethical conduct in such sensitive matters.

“I’ve noticed that after such incidents, people often express sympathy by sharing images of the victim, without realizing that they may actually be contributing to the crime itself,” he added.

The media’s handling of the Safapora rape-murder case in Ganderbal has also sparked strong public outrage across Kashmir.

Several citizens expressed their anger and sadness, saying that the media crossed all boundaries of decency. Many felt that instead of focusing on justice for the victim, some media outlets used the case to gain attention, views, and revenue.

“What the victim’s family went through is unimaginable, and yet her dignity was taken away even after death,” said Ruqaya Bano, a women rights activist. “The media had no right to share her photo. They treated her tragedy like a piece of entertainment.”

Social media platforms like X (formerly Twitter), Facebook, and Instagram were flooded with posts demanding accountability. Hashtags like #MediaEthics, #RespectVictimDignity, and #SafaporaCase trended locally for several days.

“When the media behaves irresponsibly, it harms both the case and the public trust,” said Farhad Ahmad, a Law student from Kashmir University.

Another student, Rameez Khan, from Central University of Kashmir, questioned the intent behind such reporting: “Are they trying to inform us or just running after views and clicks? If the media doesn’t respect the law and ethics, who will?”

Faizan Ahmad, a student from the department of History, University of Kashmir, remarked, “The new BNS law is clear. What they did was illegal. Why hasn’t anyone been held accountable yet?”

“We protested, lit candles, shared hashtags but still, media houses get away with turning tragedies into clickbait,” said Sajad Bhat a youth activist and educationist from Bandipora.

“In the race for views and clicks, truth and ethics are often the first casualties,” said Nasir Hussain Shah, a media ethics researcher based in Kashmir. “Many digital platforms are driven more by algorithms than accountability, and that’s where the real danger lies.”

Legal experts and media observers are now calling for urgent reforms to regulate online platforms.

As Advocate Tabassum said, “Digital media must evolve with responsibility. Protecting the dignity of victims should not be optional it must be a legal and moral duty.”

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