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The Hindu
27-05-2025
- Entertainment
- The Hindu
Madras High Court restrains media from reporting Tamil actor's matrimonial dispute
The Madras High Court has restrained the media, both print as well as online, from posting, hosting, or debating any information concerning the matrimonial dispute between a popular film actor and his wife, as it would have deleterious effect not only on them but also their minor children. Justice G.R. Swaminathan ordered that all online portals and websites must take down the offending, defamatory contents that they had already published regarding the matrimonial dispute between the couple, to respect the right to privacy of the two children as well. The judge directed the High Court Registry to mark a copy of his order to the Union Ministry of Electronics and Information Technology (MeitY) to ensure prompt and effective compliance of the generalised order passed by him with respect to all media houses across the country. The orders were passed at the request of senior counsel Dama Seshadri Naidu, representing the actor who had approached the court to prevent his estranged wife and the latter's mother from making defamatory statements against him on mainstream and social media. Biblical saying During the course of hearing of the case, the judge said, there was a biblical saying that one should do to others what he/she would want them to do to him/her. Negatively put, it would mean that one should not do to others what he/she would not want them to do to him/her. 'The applicant herein does not want the respondents to defame him. Fair enough. But the applicant also should conduct himself likewise,' the judge said and obtained an undertaking from Mr. Naidu and senior counsel J. Ravindran, assisted by S.P. Arthi, representing the actor's wife, that neither party would issue statements against the other. 'Super injunction' against media After giving the undertaking, Mr. Naidu urged the court to pass a 'super injunction order', restraining the media in general from reporting any information regarding the matrimonial dispute, since there was always a possibility of 'inspired leaks or sponsored reporting' from either party. While examining the need for passing such an injunction, the judge took note that the marital relationship between the actor and his estranged wife was under severe strain, and because he happened to be a celebrity, the issue had evoked great amount of public attention. 'The footprints of the negative campaign are there for all to see in the virtual world. I am worried about the impact it will have on the psychological health of their children. Article 8 of European Convention on Human Rights states that everyone has the right to respect for his private and family life,' the judge wrote. United Nations Convention on the Rights of the Child Further, Article 16 of the United Nations Convention on the Rights of the Child (UNCRC) states that no child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home, or correspondence, nor to unlawful attacks on his or her honour and reputation. 'A child has the right to protection of the law against such interference or attacks. This convention was ratified by the Government of India in 1992 itself, and Article 51 of the Constitution emphasises the need to foster respect for international law and treaty obligations,' the judge pointed out. He went on to state: 'Section 9(2) of Digital Personal Data Protection Act, 2023, too mandates that a Data Fiduciary shall not undertake such processing of personal data that is likely to cause detrimental effect on the well-being of a child. I have referred to these provisions to emphasise the need to bear in mind the paramount interests of the children in such matters.' Supreme Court verdicts The judge recalled the Supreme Court to have held in Sukhwant Singh versus State of Punjab (2009) that the reputation of a person was a valuable asset and a facet of his/her right under Article 21 of the Constitution. Privacy too had been declared as a fundamental right flowing out of the same Article in the famous K.S. Puttaswamy case (2017). Further, the top court in Kaushal Kishor versus State of Uttar Pradesh (2023) had declared that a fundamental right under Articles 19 and 21 could be enforced even against persons other than the State or its instrumentality. 'Thus, there can be a horizontal application of the fundamental right to reputation and privacy even against private entities,' he observed. John Doe orders Posing a question to himself as to whether a super injunction could be issued against media houses which remain unrepresented before the court, the judge answered it by asking: 'What are John Doe (or Ashok Kumar) orders then? They are exparte orders issued against unidentified people in order to prevent them from indulging in activities that breach the copyrights of the applicants. John Doe orders are issued not only to uphold copyrights but also to protect the right to reputation and privacy.' Also invoking the doctrine of ubi jus ibi remedium (if there is a right, there must be remedy), the judge said, once the right to privacy of the couple as well as their children had been acknowledged, such a right could not be frustrated merely because it would not be immediately possible to exhaustively catalogue the names of persons/media houses who had infringed the right or may infringe in the future. UK Supreme Court judgment Justice Swaminathan heavily relied upon a 2016 judgment of the Supreme Court of the United Kingdom in PJS versus News Group Newspapers Limited, which dealt with the competing claims of a claimant's right to privacy and the right to freedom of expression. 'In that judgment, Lady Hale spoke on the interests of the children involved in the case. Her Ladyship noted that the children would definitely be affected by the publication of private information about their parents... Editors must demonstrate an exceptional public interest to override the normally paramount interests of children under Article 16 of UNCRC,' the judge said. Matrimonial dispute has no public interest at all Stating he was inclined to adopt the same approach in the present case, Justice Swaminathan said, the matrimonial dispute between the actor and his wife had no element of public interest at all, and said that it was basically the subject matter of divorce proceedings pending between them before a Family Court in Chennai. 'Just because the applicant is a celebrity, the negative development in his personal life has attracted general attention. People are curious to know every petty detail about the intimate aspects. We are in the age of social media and voyeurism is on the rise. To gain more and more viewership, every sleazy information is magnified, distorted and presented. The interests of the two children of the parties cannot be sacrificed at the altar of mass consumerism,' the judge observed. 'There is another sacred principle which all of us have forgotten; the doctrine of sub judice. When a court is seized of the matter, it is not for the media to conduct a parallel trial. Media would include social media also. Therefore, injunction has to be granted against the world at large to uphold the principle of sub judice too,' the judge concluded.
RTÉ News
22-05-2025
- Politics
- RTÉ News
Children's Ombudsman 'utterly dismayed' by rise in child homelessness
The Children's Ombudsman has said he is "exasperated and utterly dismayed" with the rise in child homelessness. Niall Muldoon was speaking as the Ombudsman's for Children's Office (OCO) publishes its annual report for 2024. "There were upwards of 4,500 children availing of homeless services at the end of 2024," Mr Muldoon said. "We still get complaints from people trying to access emergency accommodation. "It is clear that the delays these families are experiencing, due to the lack of available and affordable housing, is having a significant adverse impact on their children's lives," he added. Mr Muldoon said that the Ombudsman office has consistently called on the Government to review the support in place for children and families in homelessness. In a statement, the Department of Housing said child homelessness is not Government policy, however, addressing homelessness is a priority. "The new Programme for Government, Securing Ireland's Future, sets out a number of commitments around addressing family homelessness. "The plan commits to providing emergency accommodation for everyone who needs it, with special support for children impacted by homelessness; ensuring a holistic, cross departmental approach to homelessness prevention and focusing social housing allocations on getting families out of long-term homelessness," it added. "Increasing supply is key to addressing homelessness. The overall capital funding available for housing in 2025 is now over €6.5 billion. "In the first quarter of this year nationwide, 642 households, including 850 adults and 369 families, were prevented from entering emergency accommodation by way of a tenancy being created and in addition 628 households, including 796 adults and 277 families, exited emergency accommodation by way of a tenancy being created," the statement said. As well as highlighting the year-on-year rise in the number of families in emergency accommodation, the ombudsman's report also highlights the high volume of complaints the OCO receives about children's public services. In total, the OCO received 1,772 complaints in 2024. The complaints are increasing in complexity; 16% of complaints related to more than one agency, while 33% included multiple categories of concern. Education is the issue which OCO received the most complaints about, followed by Tusla and then children's health services. The OCO was established in 2004 to protect and promote the rights of children. Mr Muldoon said that many of the issues the OCO was advocating for two decades ago, are still not resolved. He emphasised that the United Nations Convention on the Rights of the Child (UNCRC) is not fully and directly incorporated into Irish law. Although there has been "much progress" in that time, according to Mr Muldoon, there are still many areas where the complaints made to his office in its 20th year, are the same as what they heard in the first year. Complaints related to special education, access to health services, the standards of healthcare, access to disability services were all made in 2004 and also in 2024. "The consistency of the issues raised 20 years apart highlights for us again the need to properly place children's rights, all of them, at the forefront of policy decisions and service provision," Mr Muldoon said.
Express Tribune
11-05-2025
- Politics
- Express Tribune
NCRC report explores emerging child rights issues
A report on child rights unveiled by the National Commission on the Rights of the Child (NCRC) seeks to draw attention to emerging issues such as climate-related vulnerabilities, child online protection and the situation of marginalised groups, said an NCRC official on Sunday. The State of Children in Pakistan 2024 report, prepared in compliance with Sections 15 and 17 of the NCRC Act, 2017, provides an evidence-based assessment of the status of children across the country. The report discusses Pakistan's international obligations and Pakistan's engagement with international human rights mechanisms and frameworks. On this basis, the report adopts a thematic approach and examines children's rights across the four core pillars of the UNCRC: development, survival, protection, and participation. Each section examines emerging trends, legal frameworks, institutional responses, and disparities, the official added. A multi-stage, evidence-based methodology was employed, combining a comprehensive literature review, secondary data analysis, and stakeholder engagement. Based on this research, analytical tools and data templates were developed and shared with federal and provincial duty bearers to promote consistency and inclusivity in data collection. The scope and thematic priorities of the report were identified in line with the NCRC's Strategic Plan 2023-26, ensuring alignment with its mandate and national child rights agenda. These templates specifically requested disaggregated data by gender, disability status, and minority identity in order to identify disparities affecting marginalised children.
Observer
06-05-2025
- General
- Observer
A pioneering booklet designed to educate children about their rights
In a world increasingly focused on safeguarding children's rights and well-being, Oman's latest initiative exemplifies how national efforts align with global trends to create safer, more informed environments for children. On 30 April, the Children First Association—the Sultanate's leading child advocacy organisation—unveiled its newest educational resource, 'I Am Aware', a pioneering booklet designed to educate children about their rights, personal safety, and how to recognise and respond to abuse. The launch, overseen by Her Highness Dr. Mona bint Fahd Al Said, Chair of the Children First Association, signals a significant leap forward in Oman's ongoing commitment to child protection. The initiative reflects a broader realisation, mirrored in many countries worldwide, that children's rights require proactive, multifaceted approaches rooted in education, awareness, and community involvement. A Growing Global Recognition of Children's Rights Globally, the focus on child protection has been intensifying over recent decades. The United Nations Convention on the Rights of the Child (UNCRC), adopted in 1989, remains the cornerstone of international efforts to define and promote children's rights. Countries across continents have committed to ensuring children grow up in environments free from violence, exploitation, and neglect. However, translating these commitments into meaningful local action remains an ongoing challenge. In many parts of the world, children continue to face threats from abuse, trafficking, forced labour, and gender-based violence. Recognising that the knowledge gap often leaves children vulnerable, national governments and NGOs have increasingly adopted educational strategies to empower young people to understand their rights and safety measures. Oman's 'I Am Aware' booklet exemplifies this approach, aligning national efforts with a global movement that values education as a primary tool for protection. It echoes international best practices, such as UNICEF's emphasis on child-friendly materials and interactive learning tools to promote awareness and resilience among children. Innovative Approach in Oman's Child Protection Strategies Developed by Amal bint Khalifa Al-Shamakhiyah, a certified human rights trainer associated with the UN Training and Documentation Centre, 'I Am Aware' introduces an innovative and culturally sensitive approach to child protection. Amal's extensive background in children's rights in Oman has shaped a resource that is both educational and engaging, particularly in addressing sensitive issues like harassment and personal safety. The booklet is designed with colourful illustrations, quizzes, and activities—aimed at making complex topics like personal boundaries accessible to young minds. It encourages open dialogue with parents, teachers, and caregivers, highlighting the importance of creating safe spaces where children can voice concerns without fear or shame. This initiative mirrors similar efforts worldwide where organisations are scaling up educational materials tailored for young audiences. For example, in South Africa, projects like 'Talking about Abuse' equip children with age-appropriate information, while in Canada, school-based programmes incorporate interactive modules to teach children about consent and boundaries. The Children First Association views 'I Am Aware' as more than a publication; it is part of a larger movement to foster a culture of awareness, respect, and protection throughout Oman. The organisation invites families, schools, and communities to use the booklet as a resource for building a safer future for every child. Towards a Culture of Awareness and Prevention The broader significance of such initiatives lies in fostering a culture that recognises children's agency and rights. By equipping children with knowledge, Oman is aligning with global trends advocating for comprehensive, rights-based approaches to child safety. Such strategies aim not only to prevent abuse but also to empower children to respond confidently if faced with uncomfortable or dangerous situations. Oman's leadership in this area highlights its commitment to international standards while tailoring solutions to its cultural context. Such efforts are increasingly recognised on the global stage; fostered by partnerships with the UN and other international bodies, Oman's initiatives serve as models for the region. Oman's launch of 'I Am Aware' exemplifies a proactive, culturally sensitive approach to nurturing a global culture of respect, awareness, and safety for children. It underscores the importance of education as a friend rather than a foe in the fight against abuse and exploitation. As nations worldwide strive to meet international standards and uphold their commitments under the UNCRC, Oman's example offers valuable lessons: that safeguarding childhood requires shared vision, concerted action, and innovative solutions.
Express Tribune
04-05-2025
- Politics
- Express Tribune
Child rights report highlights key issues
The National Commission on the Rights of the Child (NCRC) launched its inaugural State of Children in Pakistan Report 2024 at recently held a ceremony in Islamabad. Federal Minister for Human Rights, Senator Azam Nazeer Tarar, was the chief guest at the launch, which was attended by ambassadors, UN representatives, parliamentarians, civil society representatives, and child rights advocates. The first-of-its-kind national report offers a comprehensive, evidence-based overview of the situation of children in Pakistan, covering key areas such as health, education, child protection, participation, and overall welfare. Developed to address the persistent gap in consolidated child-focused data, the report draws from a wide range of credible sources to present a clear picture of both progress and challenges. Key findings from the report highlight persistent issues, including high rates of out-of-school children, malnutrition, child labour, child marriage, and the vulnerability of children with disabilities and those from minority communities. At the same time, it documents progress in areas such as immunisation, legal reform, and awareness campaigns. The report concludes with practical, actionable recommendations to improve outcomes for children, including investing in early childhood development, strengthening child protection systems, and ensuring inclusive education and healthcare services. In her welcome remarks, NCRC Chairperson, Ayesha Raza Farooq said that while segregated and fragmented data have always existed, there has never been a comprehensive national report built exclusively on a child rights-based framework that integrates data across sectors- education, health, child protection, justice, inclusion, and participation. This report is designed to address that gap and serve as a foundational resource for policymakers, researchers, development partners, and advocates. Importantly, this report is also timely given Pakistan's upcoming review by the UN Committee on the Rights of the Child, scheduled for May 2025. We hope the committee will view this report as a serious and constructive step towards accountability and transparency in fulfilling our obligations under the UNCRC." As part of the launch event, a panel discussion titled "Realising the Convention on the Rights of Child in Pakistan" was held, featuring prominent experts and practitioners. The discussion highlighted critical intersections between policy, data, and action required to fulfil the rights of children in line with the UNCRC. FIA Additional Director, Amna Baig, emphasised the importance of forging strong partnerships with social media platforms to address cybercrime, noting that global policies often fail to reflect local realities, particularly in the context of transnational crimes, calling for greater contextualisation of international best practices. Sarah Belal, Executive Director, Justice Project Pakistan, called for reworking the juvenile justice framework in the country, stressing that child victims should not be criminalised and instead should be supported through diversion programs, rehabilitation centres, and an increased number of probation officers as resources and infrastructure need a significant increase. Dr Manizeh Bano, Executive Director of Sahil, spoke about the difficulties faced by civil society organisations in raising awareness around child rights and urged for stronger grassroots engagement.
