Tejashwi Yadav accuses CM Choudhary of ‘violating’ POCSO Act for ‘revealing identity’ of Jamui victim

Bihar Chief Minister Samrat Choudhary faced criticism after deleting a photograph with a minor victim’s family in the Jamui molestation case. RJD leader Tejashwi Yadav alleged the post violated POCSO safeguards protecting child victims’ identities, prompting demands for action

Patna: A fresh political controversy has erupted in Bihar over the alleged disclosure of a minor victim’s identity in connection with the Jamui molestation case, after Chief Minister Samrat Choudhary shared and subsequently deleted a photograph showing him with the victim and her family.

RJD National Working President and Leader of Opposition in the Bihar Assembly, Tejashwi Yadav, has accused Choudhary of violating the provisions of the Protection of Children from Sexual Offences (POCSO) Act by sharing the photograph on social media.

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According to Tejashwi Yadav, the minor girl and her family had met Choudhary at his official residence.

In a post on social media, Choudhary said he had met the victim and her family, encouraged the girl to move forward fearlessly and assured them of speedy justice. He also stated that the family had expressed satisfaction with the police action and that the government would ensure the strictest punishment for all those found responsible through a speedy trial within a month.

The post was accompanied by a photograph of Choudhary with the victim’s family. The post was later deleted, but a screenshot subsequently circulated on social media.

The controversy centres on whether the photograph and accompanying information could identify the minor. Reacting to the deleted post, Tejashwi Yadav alleged that the Chief Minister himself had violated the POCSO Act by making the photograph public.

Yadav argued that sharing the photograph of the minor with her family members could reveal her identity and alleged that this amounted to a violation of the law protecting the confidentiality of child victims.

He also demanded strict action over what he described as a serious breach of the legal safeguards provided to victims of sexual offences. Yadav made several other personal and political allegations against Choudhary in his social media post. Those claims remain allegations by the opposition leader and have not been independently established.

Section 23 of the POCSO Act, 2012, places restrictions on the disclosure of a child victim’s identity through the media. It specifically states that a media report cannot disclose a child’s identity, including the child’s name, address, photograph, family details, school, neighbourhood or other particulars that could lead to identification.

The Special Court hearing the case may permit disclosure if it records reasons in writing and considers the disclosure to be in the best interests of the child. Under Section 23(4), a person who contravenes sub-section (1) or (2) can face imprisonment of between six months and one year, a fine, or both. Whether the deleted social media post constitutes an offence under these provisions would ultimately depend on the facts of the case and any determination by the competent authorities or court.

The controversy comes days after a video showing the alleged harassment and assault of a minor girl and a teenage boy in Jamui surfaced on social media.

Police registered a case under relevant provisions, including the POCSO Act, and arrested several accused in connection with the incident. The circulation of material that could reveal the minor victim’s identity has also become part of the investigation.

Police have taken action against social media accounts accused of circulating the material. Reports have said that around 120 accounts were identified in connection with the dissemination of the video, while police have separately warned people against sharing content that could reveal the identities of the minors.

The latest controversy has therefore raised questions about the handling of sensitive information concerning the victim, even as the investigation into the original Jamui incident and the circulation of related material continues.