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ROLE OF MEDIA IN DISPENSATION OF JUSTICE
LL.B. Dissertation
submitted to
Indian Institute of Technology, Kharagpur
In partial fulfillment for the award of the degree
of
LL.B. (Hons.)
In
Intellectual Property Law
by
Isha Suri
11IP60023
under the guidance of
Prof. Dipa Dube
RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW
INDIAN INSTITUTE OF TECHNOLOGY KHARAGPUR
APRIL 2014
ii
God, grant me the serenity to accept the things I cannot change,
the courage to change the things I can,
and wisdom to know the difference.
iii
DECLARATION BY STUDENT
I certify that
a. the work contained in this report has been done by me under the guidance of my
supervisor.
b. the work has not been submitted to any other Institute for any degree or diploma.
c. I have conformed to the norms and guidelines given in the Ethical Code of
Conduct of the Institute.
d. whenever I have used materials (data, theoretical analysis, figures, and text) from
other sources, I have given due credit to them by citing them in the text of the
thesis and giving their details in the references. Further, I have taken permission
from the copyright owners of the sources, whenever necessary.
Date: Signature of the Student
iv
CERTIFICATE BY SUPERVISOR
This is to certify that the project report entitled Role of Media in Dispensation of
Justice, submitted by Ms. Isha Suri to Indian Institute of Technology, Kharagpur, is a
bonafide work carried out by her under my supervision, in fulfillment of the requirements
for the degree of Bachelor of Laws (Hons) in Intellectual Property Law.
Date: Supervisor
v
ACKNOWLEDGEMENT
First and foremost, I wish to express my sincere gratitude towards my thesis supervisor,
Prof. (Dr.) Dipa Dube, for her constant guidance and motivation throughout this research.
It was her belief in the topic that I always sought in times of doubts and misgivings.
I would also take this opportunity to thank all the faculty members of Rajiv Gandhi
School of Intellectual Property Law, IIT Kharagpur for being supportive of all my
endeavors over the past three years. Your mentorship and guidance has always stood me
in good stead and I shall always be indebted to you.
A special note of thanks for my batch mates, seniors and juniors for making my stay in
Kharagpur such a memorable experience.
It would not have been possible to write this thesis without the support of my closest
friends who have been a constant source of encouragement in my life. I am grateful to
Praful for the endless hours spent discussing and planning this research and for patiently
going through my drafts and giving me valuable feedback. I am also indebted to Kanishk
for always believing in me and extending his unflinching support in the most trying of
times. I also want to thank Ashish for believing in my ideas when I began to doubt them.
I owe whatever I am today to my parents. They have offered me their unconditional love
and support without ever expecting anything in return. I shall be eternally grateful to
them.
Ultimately, I have to thank my kid sister Namya, who is my sunshine, for she is a
constant source of warmth and hope in my life.
Date: Signature of the Student
vi
LIST OF ABBREVIATIONS
AIR All India Reporter
Anr Another
Art Article
BCCL Bennett Coleman Company Limited
BMW Bayerische Motoren Werke AG
CBI Central Bureau of Investigation
CD Compact Disc
CEO Chief Executive Officer
CNN-IBN Cable News Network- Indian Broadcasting Network
Criminal CC Criminal Court Cases
CriLJ Criminal Law Journal
CrPC Code of Criminal Procedure
DE Delhi
Dep. Anthropol. Department of Anthropology
DGP Deputy General of Police
DTH Direct to Home
Ed Edition
etc Et cetera
FIR First Information Report
Glob. Media. J Global Media Journal
GSICC Gender Sensitisation and Internal Complaints Committee
HC High Court
INR Indian Rupees
IPC Indian Penal Code
IPO Initial Public Offering
IRS Indian Readership Survey
JT Judgement Today
LR London Reporter
Manu Manupatra
vii
MRUC Media Research Users Council
NCW National Commission for Women
NDTV New Delhi Television
NMSA News Media Standards Authority
NZ New Zealand
Ors Others
PM Prime Minister
PUCL People’s Union for Civil Liberties
QB Queen’s Bench
RTI Right to Information
SC Supreme Court
SCALE Supreme Court Almanac
SCC Supreme Court Cases
SEBI Securities and Exchange Board of India
SP Superintendant of Police
TAM Television Audience Measurement
UK The United Kingdom
Univ University
UP Uttar Pradesh
US The United States of America
v. Versus
WAN-IFRA World Association of Newspapers and News Publishers
viii
INDEX OF AUTHORITIES
I. Articles and Contributions
1. Ann Sanson et al, Media Representations & Responsibilities Psychological
Perspectives, 9, THE AUSTRALIAN PSYCHOLOGICAL SOCIETY, (July 2000).
2. D.S.Shivarudrappa, Press and Public Opinion: The Role of Kannada News
Papers in Northern Karnataka Region, 2 (10), INTERNATIONAL JOURNAL OF
HUMANITIES AND SOCIAL SCIENCE INVENTION 1, (2013).
3. Jeffrey, Robin, Culture of Daily Newspapers in India: How it’s Grown, What it
Means, ECONOMIC AND POLITICAL WEEKLY, (April 4 1987).
4. Kathakali Nandi, Investigative Role of Media: Responsibility to the Society,
GLOB. MEDIA J. – INDIAN ED. SUMMER ISSUE 1–9 (2011).
5. N. Ram, The Changing Role of the News Media in Contemporary India, INDIAN
HISTORY CONGRESS, (December, 2011).
6. Denis McQuail, Reflections on Paradigm Change in Communication Theory and
Research, 7 INT. J. COMMUN. 216–229 (2013).
7. Reetinder Kaur, Representation of Crime Against Women in Print Media: A
Case Study of Delhi Gang Rape, 02 DEP. ANTHROPOL. PANJAB UNIV. 2–4
(2013).
8. Shri Ajit Bhattacharjea and B G Verghese, “Paid News”: How Corruption in the
Indian Media Undermines Democracy, 12, Press Council of India (2010).
9. Tom Wright, India Media Buries Paid News Report, THE WALL STREET
JOURNAL (June 18, 2013).
10. Rosenstiel, Tom & Mitchell, Amy, The State of the News Media 2011:
Overview, Pew Research Center’s Project for Excellence in Journalism (2011).
11. Pushkar Raj, Nithari: The Story of the Poor Who Lost their Children, PUCL
(February 2007).
II. Books
1. Carrabine et al, CRIMINOLOGY: A SOCIOLOGICAL INTRODUCTION (2004).
2. Chris Greer, NEWS MEDIA, VICTIMS AND CRIME (2007).
ix
3. Dutton et al. STUDYING THE MEDIA: AN INTRODUCTION, (1998).
4. J.Galtung and M. Ruge ‘Structuring and Selecting News’, THE MANUFACTURE
OF NEWS: DEVIANCE, SOCIAL PROBLEMS AND THE MASS MEDIA (1981).
5. Karl Marx and Friedrich Engels, COLLECTED WORKS, Vol I.
6. M.Presdee, CULTURAL CRIMINOLOGY AND THE CARNIVAL OF CRIME, (2000).
7. Nolan Shutler, Nick Chapman and Harsh Dobhal, IN DEFENCE OF JOURNALISTS
(2011).
8. Page, David and Crawley, William, SATELLITES OVER SOUTH ASIA:
BROADCASTING, CULTURE AND THE PUBLIC INTEREST (2001).
9. Ram, N. AN INDEPENDENT PRESS AND ANTI-HUNGER STRATEGIES: THE
INDIAN EXPERIENCE’, THE POLITICAL ECONOMY OF HUNGER, VOLUME I:
ENTITLEMENT AND WELL-BEING, (1990).
10. Ronald Steel, WALTER LIPPMANN AND THE AMERICAN CENTURY, (1980).
11. S. Chibnall, LAW AND ORDER NEWS: AN ANALYSIS OF CRIME REPORTING IN
THE BRITISH PRESS (1977).
12. Steve Chermak, VICTIMS IN THE NEWS: CRIME AND THE AMERICAN NEWS
MEDIA (1995).
13. Thomas Carlyle, ON HEROES AND HERO WORSHIP AND THE HEROIC IN
HISTORY, (1840).
14. Valier, CRIME AND PUNISHMENT IN CONTEMPORARY CULTURE (2004).
15. Y. Jewkes, MEDIA AND CRIME (2004).
III. Statutes
1. CONTEMPT OF COURTS ACT, 1971.
2. PRESS COUNCIL ACT, 1978.
3. THE CODE OF CRIMINAL PROCEDURE, 1973.
4. THE CONSTITUTION OF INDIA, 1950.
5. THE INDIAN PENAL CODE, 1860.
x
IV. Other Authorities
1. 128th Report of the Law Commission of New Zealand, The News Media ‘New
Media’, 2013.
2. 200th Report of the Law Commission of India, Trial by Media Free Speech and
Fair Trial Under Criminal Procedure Code, 1973 AUGUST, 2006.
3. Press Release of World Association of Newspapers and News Publishers
(WAN-IFRA), 63rd World Newspaper Congress, (October 13, 2011).
4. Television Audience Measurement (TAM), TAM Annual Universe Update,
(2011).
5. UNESCO (2011), Concept Paper, World Press Freedom Day 2011, 21st Century
Media: New Frontiers, New Barriers (Washington D.C).
xi
LIST OF CASES
Ashok Kumar Todi v. Kishwar Jahan AIR2011SC1254
Director General of Doordarshan and Others v.
Anand Patwardhan and Another JT 2006 (8) SC 255
Kedar Nath v. State of Bihar 1962AIR955
Lingaram Kodopi v. State of Chattisgarh 2014(1) Crimes209(SC)
Mr. Tarun Tejpal v State of Goa Anticipatory Bail Application
No.573/2013
R v. Hicklin [1868] LR3QB360
R. Rajagopal and Another v. State of Tamil Nadu
and Others JT 1994 (6) SC 514
R.K .Anand v Registrar, Delhi High Court (2009)8SCC106
Ram Narain Poply, Pramod Kumar Manocha,
Vinayak Narayan Deosthali and Harshad S. Mehta
v. Central Bureau of Investigation and Ors.
AIR2003SC2748
S.P.S. Rathore v. C.B.I. New Delhi 2002(2) CriminalCC468
Sahara India Real Estate Corporation Ltd. and
Ors. v. Securities and Exchange Board of India and
Anr
(2012)10SCC603
Saint Shri Asharam Bapu v. Union of India (2013)10SCC37
Sajal Sureshkumar Jain v. State of Gujarat 2010CriLJ213
Santosh Kumar Singh v. State through CBI (2010)9SCC747
State v. Ram Singh and another MANU/DE/0649/2014
State v. Sidhartha Vashisht And Ors AIR2010SC2352
State v. Vikas Yadav and Vishal Yadav MANU/DE/0847/2014
xii
Surendra Koli v. State of UP AIR2011SC970
Sushil Ansal v. State through CBI MANU/SC/0190/2014
xiii
ABSTRACT
Media, referred to as the fourth pillar of democracy has the power to outline and
influence political issues and therefore its role in the society cannot be undermined nor
can it be ignored. In today’s day and age, media pervades all spheres of an individual’s
life, as a consequence of which, the role of erstwhile consumers of news has changed
from being a passive observer to that of an active participant. With the advent of modern
technology, the role of journalists in the society has also changed and so has the manner
of reporting. The principal objective of this thesis is to examine whether media has a
positive impact on the criminal justice dispensation system. This has been done through
the identification of a few widely reported cases over the past 24 years. These cases have
been selected based on their coverage in the archives of leading national dailies. The
national dailies have been chosen based on the Indian Readership Survey conducted by
the Media Research Users Council. In addition to print media, reportage by the broadcast
media has also been looked into. Thereafter, the role played by the media on the
dispensation of justice has been observed. Through the study of these cases it has been
observed that media does have the wherewithal to influence the masses. Moreover,
widespread coverage ensures that incidents remain in the public memory for a longer
time and is instrumental in shaping the public’s opinion. However, over the past few
years, media has garnered negative attention as most of these media conglomerates seek
to further their business interests which leads to manipulation of reportage. Furthermore,
multi-channel private channel television channels are not within the purview of any
regulatory authority. At the end of this thesis suggestions have been put forth to address
these concerns. Lastly, this study highlights how an ethical, unbiased and unfettered
media is the ‘sine qua non’ of a democratic form of government.
Keywords: Media Activism, Media and Justice, Role of Media in Society, Trial by
Media, Fair Trial.
1
CONTENTS
Title Page i
Declaration by Student iii
Certificate by Supervisor iv
Acknowledgement v
List of Abbreviations vi
Index of Authorities viii
List of Cases xi
Abstract xiii
1 INTRODUCTION ...................................................................................................... 3
2 ROLE OF MEDIA IN THE SOCIETY ...................................................................... 8
2.1 Introduction to Media ........................................................................................... 8
2.2 Journalism in Contemporary Times ..................................................................... 9
2.3 Media and its Impact on the Society .................................................................. 12
2.4 Conclusion .......................................................................................................... 16
3 A STUDY OF CASES THAT WITNESSED MEDIA INTERVENTION .............. 17
3.1 Laws Governing the Indian Media ..................................................................... 17
3.1.1 Obscenity .................................................................................................... 17
3.1.2 Sedition and Censorship ............................................................................. 19
3.1.3 Contempt of Court ...................................................................................... 20
3.1.4 Defamation .................................................................................................. 22
3.1.5 Disclosure of sources .................................................................................. 23
3.1.6 Parliamentary Privilege ............................................................................... 24
3.2 Introduction ........................................................................................................ 25
3.3 Cases that Witnessed Media’s Involvement....................................................... 25
3.4 Analysis of the Impact of Media Intervention ................................................... 51
3.5 The Impact of Media Reportage in Recent Times ............................................. 52
3.6 Conclusion .......................................................................................................... 55
4 GAPS IN THE EXISTING SYSTEM ...................................................................... 56
4.1 Existing Literature Highlighting the Negative Impact of Media ....................... 56
4.2 Shortfalls of the Existing System ....................................................................... 59
4.3 Suggestions to Fill the Lacuna within the System ............................................. 65
2
5 SUGGESTIONS AND CONCLUSION ................................................................... 67
5.1 Introduction ........................................................................................................ 67
5.2 Self Regulation - Essential for Fair and Objective Journalism .......................... 67
5.3 Independent Regulatory Authority to Regulate Media ...................................... 68
5.4 Conclusion .......................................................................................................... 70
3
1 INTRODUCTION
“The free press is the ubiquitous vigilant eye of a people's soul, the
embodiment of a people's faith in itself, the eloquent link that connects the
individual with the state and the world, the embodied culture that transforms
material struggles into intellectual struggles and idealizes their crude
material form. It is a people's frank confession to itself, and the redeeming
power of confession is well known. It is the spiritual mirror in which a
people can see itself, and self-examination is the first condition of wisdom. It
is the spirit of the state, which can be delivered into every cottage, cheaper
than coal gas. It is all-sided, ubiquitous, omniscient. It is the ideal world
which always wells up out of the real world and flows back into it with every
greater spiritual riches and renews its soul.”1
Over the past two decades the Indian media has witnessed significant growth rates,
thriving in an environment having minimal or no regulation. It is estimated that during
2010-11 more than 80,000 newspapers were registered in India. While an estimated 330
million newspapers are circulated daily in the country. Owing to its massive reach, the
role that media plays in the society cannot be undermined.
However, one man’s activism is perceived as another man’s violation of a right to fair
trial. In recent times media has been subject to severe criticism for over-sensationalizing
news items in order to garner more Target Rating Points (TRPs). Furthermore, this has
been alleged to influence the judicial minds while adjudicating upon a matter.
Nonetheless, it is no secret that many a times this investigative journalism has played a
significant role in ensuring that justice is delivered. Be it the Harshad Mehta case or the
verdict of Jessica Lal murder, intervention by media was imperative in ensuring
dispensation of justice.
Through this thesis, the researcher seeks to examine the positive role played by the media
in the dispensation of justice. Furthermore, a comparison between cases where media
played an active role and cases that were not highlighted by the media shall be carried
1 Karl Marx and Friedrich Engels, COLLECTED WORKS, Vol I, 142, New York: International Publishers,
1975.
4
out. Lastly, an attempt shall be made to design a model where media’s role can be
utilized to ensure expeditious delivery of justice. This model shall be based on similar
such models in other jurisdictions.
Motivation for the Thesis
While there is no dearth of research materials, journals and reports, including a law
commission report,2 emphasizing upon the negative role played by the media there is
hardly any study focusing upon the positive impact of media in the Indian criminal justice
system. Over the past two decades there have been numerous cases wherein timely media
intervention has expedited the entire process of dispensation of justice.
It is an undisputed fact that malpractices by journalists can cause irreparable harm to the
reputation of the accused along with his/her emotional and mental well being. However,
in a country where those in power misuse the legal machinery to suit their whims and
fancies, isn’t it necessary that they are held accountable? It is rather unfortunate that we
live in a time where the rich and famous call the shots, while the common man is
exploited by all and sundry. In such a scenario curbing the freedom of the press can have
serious repercussions.
First of all it is important to define the term “mass media”; mass media as a layman
would understand is anything that conveys information and knowledge to a diverse
audience through various channels of communication. Coincidentally, during the 18th
century critiques of mass culture began to emerge. The impact of press and journalism
was questioned during that era primarily because industrial and democratic revolutions
were usually accompanied by popular literature, journalism and the modern press.3
2 Report on Trial by Media, 200th Law Commission Report. (1970)
3 Douglas Kellner, Nietzsche’s critique of mass culture, available at
http://www.uta.edu/huma/illuminations/kell22.htm (Last visited Mar 29, 2014). (In Nietzsche’s words:
“The bulk of the German's daily reading material can be found, almost without exception, on the pages of
the daily papers and the standard magazines. This language, its continual dripping -- same words, same
phrases -- makes an aural impression. For the most part, the hours devoted to this reading are those in
which his mind is too weary to resist. By degrees the ear feels at home with this workaday German and
aches when, for any reason, it is not heard. But, almost as an occupational hazard, the producers of these
newspapers and periodicals are the most thoroughly inured to the slimy journalistic jargon. They have quite
literally lost all taste and relish, above all, the absolutely corrupt and capricious. This explains that tutti
5
Through the passage of time, media once ridiculed by critiques of mass culture and the
press during the eighteenth century started garnering support and towards the end of the
19th century modern free press emerged in most of the Western countries.
It is worthwhile to note that with the advent of smart phones- collection and dispersion of
news is much more rapid. In this digital age, journalists are required to constantly
reinvent means of news reporting. Despite being an essential part of the Indian
household, print media shall have a diminished impact on the Indian society when
compared to other forms of journalism such as broadcast media. Furthermore, it has been
observed that over the past decade reporting has become much more collaborative and
participatory in nature.
Methodology
The study is a doctrinal one based on analysis of existing literature on the subject-
reports, articles, books etc. Thereafter, a critical analysis of cases widely reported in
media and decided by the courts in India will be undertaken. Select criminal cases over
the last two decades will be identified. The identification shall be done by the researcher
through the following steps:
i. Archives of two leading national dailies will be accessed for widely reported
cases in the past two decades.
ii. The manner of reporting, amount of space provided and placement of the
relevant news item shall also be looked into.
iii. The role played by media in the dispensation of justice shall be enquired into.
iv. Impact of media coverage on the subsequent judgment.
unisono with which every newly coined solecism instantly chimes in spite of the general torpor and
malaise. With their impudent corruptions these wage-laborers of language take revenge on our mother-
tongue for boring them so incredibly.”).
6
Sources of Data:
Print media: Archives of leading dailies shall be accessed. The newspapers
shall be selected based on the results of Indian readership survey (IRS) released
by Media Research Users Council (MRUC).
Electronic media: Websites and blogs of news channels shall be referred to.
Once the cases have been identified, the researcher will conduct an in-depth study of the
same and try to indicate the positive role of the media vis-à-vis the decision of the courts.
Objective
To determine the role of media in the dispensation of justice.
To analyse the positive impact of media in the dispensation of criminal justice.
Hypothesis
Media plays a positive role in the dispensation of justice.
Organization of the Thesis
The topic is introduced in Chapter I and the methodology that shall be followed during
the course of this thesis is outlined.
Chapter II describes the role that media plays in the society and how it has changed over
the course of time. Furthermore, it describes the impact that media has on the masses and
how it can be used for progressive outcomes.
Chapter III provides a brief overview of the current laws governing the Indian media.
Thereafter, a select few criminal cases that have been widely reported have been
identified and the role of media in the dispensation of justice has been examined.
Chapter IV a brief description on the existing literature highlighting the ills of media has
been provided. Additionally, some of the concerns plaguing the Indian media industry
have been identified and plausible solutions suggested.
7
Chapter V concludes the thesis with suggestions put forth on how to improve the existing
concerns of media and a summary of the research undertaken has been provided.
8
2 ROLE OF MEDIA IN THE SOCIETY
“The advancement and diffusion of knowledge is the only guardian of true liberty.”4
2.1 Introduction to Media
Owing to its power to outline and influence political issues, mass media is touted as the
fourth pillar of democracy,5 The origin of the expression “the fourth pillar of democracy”
can be attributed to Thomas Carlyle, a Scottish essayist and historian, who is believed to
have coined this term during the first half of the nineteenth century.6 In a democratic
system of governance the importance of media cannot be undermined because it is
pivotal in shaping the public’s opinion.7
The term “media” throughout this thesis refers to “mass media”, which refers to channels
of communication that involve transmitting information to a large number of people.8
Traditionally, mass media was segregated from interpersonal communication on the
following four accounts:
i. Distance
Communication between those who send and receive information is remote,
devoid of intimacy and is monologic in nature.
ii. Technology
In order to be facilitated mass medium requires a vehicle, such as a television
receiver, or a mode of printing in case of print media such as newspapers.
iii. Scale
Mass media operates at an immense scale and it involves concurrent
communication with a large number of people.
4 James Madison, President of the United States (1809-1817).
5 Thomas Carlyle, ON HEROES AND HERO WORSHIP AND THE HEROIC IN HISTORY, (1840). ("Burke said
there were Three Estates in Parliament; but, in the Reporters' Gallery yonder, there sat a Fourth Estate more
important far than they all."). 6 Ibid.
7 D.S.Shivarudrappa, Press and Public Opinion: The Role of Kannada News Papers in Northern Karnataka
Region, 2 (10), INTERNATIONAL JOURNAL OF HUMANITIES AND SOCIAL SCIENCE INVENTION 1, (2013). 8 Defining the Mass Media, Sociology Central (2011), available at
http://www.sociology.org.uk/media_defined.pdf (Last visited on April 13, 2014).
9
iv. Commodity
Another characteristic of mass media is that it is procured at a price. For
instance, a person can watch a political debate on his television only if he can
afford to buy a television.9
However, technological advancement has rendered this distinction obsolete. The digital
age and more specifically the internet has caused a paradigm shift in the way mass media
is perceived in the modern times. Computer and mobile networks enable citizens to
simultaneously interact and communicate with one another. Consequently, it is now
possible for interpersonal communications to take place at a wider scale. Examples of
such communications include but are not limited to internet chat rooms, peer to peer
networks and social media. Furthermore, this has blurred the distinction between the
producer and consumer of information and interaction has become much more
participatory in nature.
2.2 Journalism in Contemporary Times
The future of traditional forms of media appears bleak in the face of stiff competition
from digital mediums.10
In recent times it has been global technological giants such as
Google, Twitter, Facebook and the like who have captured and influenced the public
space immensely. This role traditionally belonged to the print as well as broadcast
media.11
Globally, printed newspapers with a reported circulation of 519 million are read
by 2.3 billion people daily, which is 20 per cent more than the internet.12
While the daily print newspaper circulation has witnessed a decline in the developed
parts of the world,13
it has surged by 16 per cent and 4.5 per cent in the Asia Pacific
9 Dutton et al. STUDYING THE MEDIA: AN INTRODUCTION, (1998).
10 UNESCO (2011), Concept Paper, World Press Freedom Day 2011, 21st Century Media: New
Frontiers, New Barriers (Washington D.C). 11
Rosenstiel, Tom & Mitchell, Amy, The State of the News Media 2011: Overview, Pew Research Center’s
Project for Excellence in Journalism (2011), available at http://stateofthemedia.org/2011/overview-2, (Last
visited on April 13, 2014). 12
Press Release of World Association of Newspapers and News Publishers (WAN-IFRA), Christoph Riess
(CEO), 63rd World Newspaper Congress, (October 13, 2011), available at http://www.wan-
ifra.org/articles/2010/11/26/world-press-trends-and-more-reports . 13
Ibid. (17 per cent between 2006 and 2010 in the United States, 11.8 per cent in western Europe,
10
Figure 2.1 A traditional news room, wherein there is a strict distinction between the
producers (Assignment Editors) and the consumers (Public).
region and the Latin America, respectively.14
Moreover, it is estimated that a quarter of
the world’s 100 top selling daily newspapers are now published in Asia, with India being
amongst the world leaders in the newspaper industry. Furthermore, satellite television has
witnessed a growth in South Asia. During 2011, an estimated 141 million households had
television, out of which 116 million had a cable connection while 26 million were being
served by direct to home (DTH) television.15
Peculiarly though, India currently boasts of
only 100 million internet users, barely a fifth of current internet users in China. Also,
internet penetration in the Indian market is currently pegged at 8.40 per cent, which is
much lower than the 70 per cent norm of the developed countries.16
However, according to the recent Indian Readership Survey (IRS2012, Q2), newspaper
readership has remained inert during the first half of 2012, while the number of internet
users, albeit from a low base have increased by 35 per cent. Therefore, it is likely that the
Indian print industry shall meet the fate of its American counterpart well before 2040.17
and 10 per cent in eastern and central Europe). 14
Ibid. 15
Television Audience Measurement (TAM), TAM Annual Universe Update, (2011), (Last visited on 29
March 2014). 16
Internet World Stats (2011), http://www.internetworldstats.com, (Last visited on 29 March 2014). 17
N. Ram, The Changing Role of the News Media in Contemporary India, INDIAN HISTORY CONGRESS,
December, 2011, available at
http://www.thehindu.com/multimedia/archive/00863/Contemporary_India__863821a.pdf (last visited April
11, 2014). (There are plenty of signs of complacency in Indian media circles about the time frame
available. According to Jacob Mathew, current president of WAN-IFRA, ‘some studies predict that, by
2040, the Indian print industry would meet the fate of the American print media industry’ but by then
Indian media publishers should be in a position to ‘get a good share of the [advertising] revenue’ (Mathew
2011).
11
Figure 2.2 A Newsroom of the 21st Century. Herein, the public is an active participant
in the information dissemination and distribution procedure, for instance a news hour
debate being broadcast on a news channel often invites comments from the public.
Figure 2.3 A snapshot of the newsroom over the next two decades
The following images represent the evolution of news media over the past four decades
and how it is expected to evolve in the near future.
12
2.3 Media and its Impact on the Society
Electronic media is omnipresent and it pervades all spheres of our life through various
vehicles of communication, including television sets, smart phones, computers or laptops.
Consequently, media has become an integral part of our lives and is continuously found
lurking in the shadows. Needles to say it is a constant source of information, education
and entertainment.18
Although, media as a whole has an impact on the consumer’s thought process, modern
forms of communication which includes television and the internet has made media a part
of every aspect of an individual’s life. In recent times the role of erstwhile consumers of
news has changed from being a passive observer to that of an active participant.19
A study of private satellite television in South Asia has observed that it has “made a huge
difference to the choice of viewing available even in small towns, tremendously
increased viewing options in relatively small towns, opening windows to worlds which
were inaccessible before except to the well to do…and provoking a lively and often
heated debate about the implications for nations…communities and cultures.”20
Therefore
it can be said that television is a potent cultural force that creates stable, resistant and
generally shared beliefs, graphics, morals and concepts. In other words it creates a
mainstream view of what issues are relevant and what the world is like.21
From the preceding paragraphs it can be stated that media in its varied forms can carry
out a critical role in shaping the public opinion in society and this can in turn be used to
shape public policy on issues having an impact on general well being of the society.
However, the role that the media plays ultimately is also dependent on the role that
18
Ann Sanson et al, Media Representations & Responsibilities Psychological Perspectives, 9, THE
AUSTRALIAN PSYCHOLOGICAL SOCIETY, (July 2000). 19
Denis McQuail, Reflections on Paradigm Change in Communication Theory and Research, 7 INT. J.
COMMUN. 216–229 (2013). 20
Page, David and Crawley, William, SATELLITES OVER SOUTH ASIA: BROADCASTING, CULTURE
AND THE PUBLIC INTEREST (2001). (New Delhi: Sage Publications India Pvt. Ltd.). 21
Ann Sanson et al, Media Representations and Responsibilities, The Australian Psychological Society Ltd,
12, (2001), available at
http://www.psychology.iastate.edu/faculty/caa/VGVpolicyDocs/00AustrPsySocMV.pdf (Last accessed on
April 15, 2014).
13
various forms of news media are allowed to play in the society, which is in turn
dependent on the political system, legal and constitutional safeguards and the information
culture that exists within the society.22
Over the past two centuries, the Indian press has played the following two central
functions23
:
i. the credible-informational
ii. the critical-investigative-adversarial
Owing to these two core functions, the country’s political system provides newspapers
with a relatively free rein and at the same time the public at large begins to value these
two roles24
played by the media.
While these two functions may be segregated theoretically, practically they are
indistinctive. Firstly, for the press to perform its adversarial role properly it must carry
out the credible informational function. In India the news media has been seen as a
credible institution ever since the British colonial rule. This is largely because of the role
it played in the country’s struggle for independence. In the post colonial era, however
this role has predominantly been an acquired characteristic.25
Furthermore, in
contemporary times it is the critical-investigative-adversarial function which makes the
modern media still a credible source of information. Therefore, had it not been for the
adversarial role of media, the credible informational function would dwindle owing to
disuse.
Moreover, under the garb of an adversarial or investigative role the press can be seen as a
watchdog of the society. A role which under the ideal circumstances must be performed
by news media to create a stir in an otherwise dilapidated system of governance.26
These
22
Ram, N. (1990), AN INDEPENDENT PRESS AND ANTI-HUNGER STRATEGIES: THE INDIAN EXPERIENCE’,
THE POLITICAL ECONOMY OF HUNGER, VOLUME I: ENTITLEMENT AND WELL-BEING (Jean Dreze and
Amartya Sen eds) (1990). 23
Supra note 17. 24
The words function and role have been used interchangeably by the author. 25
Supra note 17, page 13. 26
Ronald Steel, WALTER LIPPMANN AND THE AMERICAN CENTURY, (1980).
14
two roles as a consequence of their dependence on each other have also been referred to
as the twin functions of the media.27
When performed in tandem and over an extended
duration of time, these two functions forge a bond of trust between the masses and the
news media.
Apart from these two integral functions, the media also occupies a third function, known
as the “pastime function”.28
Criticized heavily for catering to and at times abetting
voyeurism within the society, it cannot be denied that this role is highly popular amongst
the masses. While, the pitfalls of this role cannot be overlooked, it is worthwhile to state
that this function can be utilized in a more fruitful manner. For instance, it can be used as
a mode to delve deeper into the public sphere and engage the masses through their
hobbies (crossword, sudoku and the like), or it can use satire or humor as a guise to
lighten serious and ponderous journalism.
Most importantly, the aforementioned functions of the media have significant derivatives,
which are capable of revolutionizing the society at large. At the outset, the press has the
impact on the following spheres of an individual’s life:
i. Public education:
Different forms of media such as the press, television, radio and digital media
have the wherewithal to have a positive impact on the public at large. In fact,
over the past few decades the Indian news media which includes print as well as
broadcast media has been educating the masses in varied fields such as politics,
public affairs, law and order situations, science and technology among other
things.
ii. Provides a forum for discourse:
Mass media provides a platform to its consumers/viewers to discuss debate,
analyze and comment on serious sections of journalism. This in itself was the
27
Supra note 17, page 13. 28
Supra note 17, page 15.
15
core idea behind the conception of a free press.29
Moreover, at the centre of
fundamental right to free speech and expression lies the concept of ‘free trade in
ideas’.30
iii. Agenda building:
This derivative of the twin functions is most prominent in investigative
journalism. Even though, the techniques used may be unorthodox, this form of
journalism has been responsible for highlighting significant issues. Some of the
more prominent examples include the Bofors scandal, the 2G spectrum auction,
Commonwealth games and the Adarsh housing scam.31
Another case which
garnered huge media attention and rightly so was the publication of a series of
articles based on the US embassy cables on India. These documents were made
available by Wiki leaks and it apprised the public on relevant issues such as
corruption, ministerial misconduct and cover up of unscrupulous behavior. Most
importantly, it led to the initiation of a criminal investigation under the Supreme
Court of India pertaining to the 2008 ‘cash for votes scandal’.32
Another
laudable feat of investigative journalism has been the exposé of the paid news
scam during the 2009 general elections. In conclusion, it is evident that a
socially conscious media can create a stir in the society which can in turn be
utilized to make progressive outcomes.
29
Miller, Arthur (1961), quoted in ‘Who Killed the Newspaper?’ The Economist, August 24, 2006,
available at http://www.economist.com/node/7830218 (Last visited April 11, 2014). (‘A good newspaper, I
suppose, is a nation talking to itself’). 30
A. P. SHAH, The Most Precious of All Freedoms, THE HINDU, November 26, 2011, available at
http://www.thehindu.com/opinion/op-ed/article2656995.ece (Last visited Apr 14, 2014). 31
Supra note 16, page 17. 32
Ibid. (“On March 17, 2011 a front-page story in The Hindu revealed that a U.S. Embassy cable dated
July 17, 2008 and marked ‘secret’, made available by Wiki Leaks, reported to the State Department that
just ahead of a no-confidence vote the United Progressive Alliance government faced in the Lok Sabha on
the Indo-U.S. nuclear deal, Nachiketa Kapur, an aide to Congress leader Satish Sharma, showed off to a
U.S. Embassy employee ‘two chests containing cash’ as part of a much larger stash of dirty money to buy
MPs’ votes (India Cables, The Hindu 2011; and Tehelka 2011). Publication of the report and the text of the
cable caused a political storm in Parliament and, after a PIL or Public Interest Litigation citing the cable
was filed in the Supreme Court of India, a criminal case was launched and several politicians, including
Amar Singh,
were arrested. The three-year delay in starting a criminal investigation spoke volumes about the official
cover-up of corruption in India, which in this case would have continued had the whistle-blowing cable not
surfaced in the press.”).
16
2.4 Conclusion
In this digital age the way mass media is perceived in the society has undergone a
significant change. Computer and mobile networks enable citizens to simultaneously
interact and communicate with one another. Consequently, it is now possible for
interpersonal communications to take place at a wider scale. Furthermore, modern
vehicles of communication form an integral aspect of our day to day life, as a
consequence of which they have become an indispensable part of the human existence.
Since the media affects all aspects of an individual’s life it has the potential to influence
society at large.
17
3 A STUDY OF CASES THAT WITNESSED MEDIA
INTERVENTION
“When the conspiracy of lies surrounding me demands of me to silence the one word of
truth given to me, that word becomes the one word I wish to utter above all others.”33
3.1 Laws Governing the Indian Media
In the words of Chief Justice BP Sinha, freedom of speech and more specifically, the
freedom of press is, “the sine qua non of a democratic form of government that our
Constitution has established.”34
Nevertheless, the freedom of speech of the Indian media
is restricted through the enactment of various legislations. The following section provides
a summary of various laws governing the Indian media:
3.1.1 Obscenity
Article 19(1) (a)35
of the Constitution of India protects the freedom of speech. However,
this right is not absolute and is subject to “reasonable restrictions” under Article 19 (2)36
of the Constitution of India. These reasonable restrictions have been included in the
interest of “decency or morality” among other things. Free speech is limited by
forbidding obscene publications. Therefore, the important question to be addressed while
restricting freedom of speech is whether the publication is obscene or not.
The charge of obscenity is determined by Section 292 of the Indian Penal Code (IPC),
1860.37
Since the term “obscene” has thus far not been defined in the IPC, it is the
33
Andre P. Brink, South African Novelist, 1983. 34
Kedar Nath Singh v. the State of Bihar, [1962] AIR 955. 35
Art 19(1) (a), THE CONSTITUTION OF INDIA, 1950. (All citizens shall have the right to freedom of
speech and expression.) 36
Art 19(2),THE CONSTITUTION OF INDIA, 1950. (Nothing in sub clause (a) of clause (1) shall affect the
operation of any existing law, or prevent the State from making any law, in so far as such law imposes
reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the
sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public
order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.) 37
Section 292, THE INDIAN PENAL CODE, 1860. (For the purposes of sub-section (2), a book, pamphlet,
paper, writing, drawing, painting, representation, figure or any other object, shall be deemed to be obscene
if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more
distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and
18
responsibility of the Indian courts to ascertain whether a publication is obscene or not. In
order to do so, the courts adopted the test laid down in the case of R v. Hicklin38
. Also
known as the Hicklin rule, it states that a matter or publication is said to be obscene if it
depraves and corrupts the mind of those who are open to such immoral influences.
Owing to its over inclusiveness and its tendency to penalize a person on the basis of other
people’s reactions has been severely criticized. Lack of proper guidelines makes it the
sole discretion of the judge to ascertain whether a publication is obscene or not.39
Though not expressly overruled, the Hicklin test40
has been reinterpreted over time, and
currently, a higher standard is required to pronounce a publication as obscene. The
Supreme Court in the case of Doordarshan41
laid down the following guidelines:
i. whether “the average person, applying contemporary community standards”
would find that the work, taken as a whole, appeals to the prurient interest;
ii. whether the work depicts or describes, in a patently offensive way, sexual
conduct specifically defined by the applicable state law; and
iii. whether the work, taken as a whole, lacks serious literary, artistic, political, or
scientific value.
corrupt person, who are likely, having regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it.) 38
[1868] LR 3 QB 360. (Cockburn, CJ stated, “I think the test of obscenity is this, whether the tendency of
the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral
influences, and into whose hands a publication of this sort may fall…it is quite certain that it would suggest
to the minds of the young of either sex, or even to persons of more advanced years, thoughts of a most
impure and libidinous character.”) 39
Director General of Doordarshan and Others v. Anand Patwardhan and Another, JT 2006 (8) SC 255
(“The present provision is so vague that it becomes difficult to apply it. The purposeful omission of the
definition of obscenity has led to attacks of section 292 as being too vague to qualify as a penal provision.
It is quite unclear what the provisions mean. This unacceptably large ‘grey area,’ common in laws
restricting sexual material, would appear to result not from a lack of capacity or effort on the part of
drafters or legislators. The Indian Penal Code on obscenity grew out of the English law, which made the
court the guardian of public morals. It is important that where bodies exercise discretion which may
interfere in the enjoyment of constitutional rights, that discretion must be subject to adequate law. The
effect of provisions granting broad discretionary regulatory powers is unforeseeable and they are open to
arbitrary abuse.”) 40
Supra note 38. 41
Supra note 39.
19
3.1.2 Sedition and Censorship
Sedition and similar offences are offences that are committed against the State and which
risk disrupting its continued existence. These provisions have been brought into force to
maintain law and order within the society and to ensure the State’s security. Public order
may be disrupted through books, films, political speeches or articles by journalist. In
order to counter this perceived threat State imposes criminal sanctions and different
forms of censorship.
The Indian Penal Code provides with charging sections to deal with threats to the security
of the State. One of the most important sections in this regards is Section 124A,42
which
provides that:
“Whoever by words, either spoken or written, or by signs, or by visible representation, or
otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards the government established by law in India, shall be punished
with imprisonment for life, to which fine may be added, or with imprisonment which may
extend to three years, to which fine may be added, or with fine.”
Additionally, section 153A43
deals with the promotion of enmity between different
groups within society, section 153B44
focuses on assertions prejudicial to national
integration, and section 295A45
makes it an offence to deliberately outrage religious
groups. Furthermore, section 9546
of the Code of Criminal Procedure enables the state to
forfeit any document or publication which is likely to be punishable under any of the
aforementioned sections.
42
Section 124A, THE INDIAN PENAL CODE, 1860. 43
Section 153A, THE INDIAN PENAL CODE, 1860. (Promoting enmity between different groups on grounds
of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of
harmony 44
Section 153B, THE INDIAN PENAL CODE, 1860. (Imputations, assertions prejudicial to national
integration.) 45
Section 295A, THE INDIAN PENAL CODE, 1860. (Deliberate and malicious acts, intended to outrage
religious feelings of any class by insulting its religion or religious beliefs.) 46
Section 95, THE CODE OF CRIMINAL PROCEDURE, 1973. (Power to declare certain publications
forfeited and to issue search-warrants for the same.)
20
Though sedition laws are necessary to protect the law and order situation in a State and to
ensure that rights of citizens are secured, they also limit the fundamental rights and
benefits that every citizen must enjoy.47
3.1.3 Contempt of Court
Journalists who criticize the functioning and judgments of the courts may be charge
under the Contempt of Court act. The contempt doctrine has been borrowed from the
British Monarchical legal system, which sought to maintain public order by deterring
criticism of the judiciary. This law is based on the premise that criticism of the legal
system may shake the public’s faith in the court’s ability to administer justice.
In India there was no statutory law of contempt till 1926 and the Indian courts followed
the English Common Law. However, in 1926 the government enacted the Contempt of
Courts Act XII of 1926, wherein the High Courts were given a power to punish for
contempt of courts “subordinate” to them. This was repealed and substituted by the
Contempt of Courts Act XXXII of 1952, which has been replaced by the Contempt of
Courts Act, No. 20 of 1971.
The Indian legislation has classified contempt into following two categories:
i. Civil contempt: Defined in Section 2(b) of the Contempt of Courts Act, 1971,
civil contempt means the willful disobedience to any judgment, decree,
direction, order, writ or other process of a court or willful breach of an
undertaking given to a court. 48
ii. Criminal contempt: Defined in Section 2(c) of the Contempt of Courts Act,
1971, it means the publication of any content through words, signs or visual
representation which is likely to scandalize, create a prejudice so as to interfere
47
Supra note 34, (Chief Justice Sinha opined “… it is pertinent to observe that the security of the State,
which depends upon the maintenance of law and order, is the very basic consideration upon which
legislation with a view to punishing offences against the State is undertaken. Such legislation has, on the
one hand, fully to protect and guarantee the freedom of speech and expression, which is the sine qua non of
a democratic form of government that our Constitution has established.”) 48
Section 2(b), CONTEMPT OF COURTS ACT, 1971. (“Civil contempt” means willful disobedience to any
judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given
to a court.
21
with the course of judicial proceedings or obstructs the administration of justice
in any manner.49
Apart from these two categories of contempt, the Constitution of India grants inherent
powers to the Supreme Court and the High Court under Article 12950
and Article 21551
of
the Constitution of India to punish anyone for its contempt.
Though stringent, this act excludes distribution of innocent publication of any matter by
words, spoken or written, or by signs or visible representations, which may interfere, or
tend to interfere with the administration of justice,52
fair and accurate reporting of judicial
proceedings,53
fair criticism of a judicial act or any proceeding,54
any complaint made in
good faith against the presiding officers of subordinate courts 55
and publishing the text or
a fair and accurate summary of the whole, or any part, of an order made by a court sitting
in chambers or in camera, unless the court has expressly prohibited the publication
thereof on grounds of public policy.56
49
Section 2(c), CONTEMPT OF COURTS ACT, 1971. (“Criminal contempt” means the publication (whether
by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the
doing of any other act whatsoever which:
i. Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court, or
ii. Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
iii. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice
in any other manner. 50
Art 129, THE CONSTITUTION OF INDIA, 1950. (Supreme Court to be a court of record The Supreme
Court shall be a court of record and shall have all the powers of such a court including the power to punish
for contempt of itself.) 51
Art 215, THE CONSTITUTION OF INDIA, 1950. (High Courts to be courts of record Every High Court
shall be a court of record and shall have all the powers of such a court including the power to punish for
contempt of itself.) 52
Section 3, CONTEMPT OF COURTS ACT, 1971. (Innocent publication and distribution of matter not
contempt.) 53
Section 4, CONTEMPT OF COURTS ACT, 1971. (Fair and accurate report of judicial proceeding not
contempt.) 54
Section 5, CONTEMPT OF COURTS ACT, 1971. (Fair criticism of judicial act not contempt.) 55
Section 6, CONTEMPT OF COURTS ACT, 1971. (A person shall not be guilty of contempt of court in
respect of any statement made by him in good faith concerning the presiding officer of any subordinate
court .) 56
Section 7, CONTEMPT OF COURTS ACT, 1971. (Publication of information relating to proceedings in
chambers or in camera not contempt except in certain cases.)
22
An amendment was made to the Contempt of Court Act in 2006, whereby Section 13
(b)57
was introduced which allows truth to be claimed as a defense to contempt
proceedings. Furthermore, Section 13(a) states that a sentence shall be imposed only if
the court is satisfied that the said contempt interfered or tended to interfere with the
course of justice.58
Though less severe, the punishment for contempt is more symbolic than harsh and the act
provides for imprisonment up to six months and/ or a fine of INR 2,000.59
3.1.4 Defamation
Defamation is the publication of words or speaking anything which may have the effect
of lowering the image of a person in the eyes of others or to expose him or her to hatred,
contempt or ridicule. The aim of this law is to protect the reputation of individuals or
groups as opposed to public entities. In India defamation exists as a civil action as well as
a criminal offence.
In the case of R. Rajagopal and Another v. State of Tamil Nadu and Others,60
the apex
court laid down six principles that are applicable to a civil claim of defamation. These
principles strive to strike a balance between the right to freedom of expression enshrined
in Article 19(1) (a)61
of the Constitution and an individual’s right to protection from
defamatory statements and the right to privacy. Though right to privacy has not been
specifically enunciated anywhere in the Indian Constitution , the courts in India have time
and again agreed that it falls within the ambit of Article 21.62
The Supreme Court in the
57
Section 13 (b), CONTEMPT OF COURTS ACT, 1971. (the court may permit, in any proceeding for
contempt of court, justification by truth as a valid defense if it is satisfied that it is in public interest and the
request for invoking the said defense is bona fide.) 58
Section 13 (a), CONTEMPT OF COURTS ACT, 1971. (no court shall impose a sentence under this Act for a
contempt of court unless it is satisfied that the contempt is of such a nature that it substantially interferes, or
tends substantially to interfere with the due course of justice.) 59
Section 12, CONTEMPT OF COURTS ACT, 1971. (Punishment for contempt of court.) 60
JT 1994 (6) SC 514. (The Supreme Court felt that a proper balancing of the freedom of press as well as
the rights of privacy and defamation had to be done in terms of the democratic way of life laid by our
Constitution. The Supreme Court concluded that the State or its officials have no authority in law to impose
a prior restraint upon publication of material defamatory of the State or of the officials.) 61
Supra note 35. 62
Art 21, THE CONSTITUTION OF INDIA, 1950. (No person shall be deprived of his life or personal liberty
except according to procedure established by law.)
23
case of Rajagopal63
explicitly stated that, though information regarding the private life of
an individual cannot be published, this rule is not as stringent when it comes to lives of
public officials. This protection allows a journalist to research and publish information
which turns out to be false only if it has been pursued with bona fide intentions.
Section 49964
of the Indian Penal Code constitutes defamation as a criminal offence. This
section defined criminal defamation and also provides exceptions. One of the most
important things to be apprised of when looking at defamation as a criminal law is that
truth is not a valid defense. The only defense available is that in addition to being true the
statement or publication was made in the interest of public at large.
Another key difference between defamation as a criminal offence and as a civil offence is
that the former is punishable under Section 50065
of the Indian Penal Code, while there is
no punishment for civil defamation. However, damages arising from civil defamation are
likely to be higher than criminal defamation.
3.1.5 Disclosure of sources
Confidential sources are an important part of a journalist’s life. It is through these sources
that journalists gather a significant amount of detailed and accurate information and bring
that information into the public domain. In fact had it not been for these sources, a fair
part of such information may never see the light of day. More often than not this crucial
piece of information leads to a more effective media which is in a position to demand
greater accountability from government as well as private conglomerates.
Though, these sources form a crucial part of the Indian media fraternity, thus far there is
no legal or equitable protection available to them in India. Consequently, this lack of
63
Supra note 60. 64
Section 499, INDIAN PENAL CODE, 1860. (Whoever, by words either spoken or intended to be read, or
by signs or by visible representations, makes or publishes any imputation concerning any person intending
to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such
person, is said, except in the cases hereinafter expected, to defame that person.) 65
Section 500, INDIAN PENAL CODE, 1860. (Whoever defames another shall be punished with simple
imprisonment for a term which may extend to two years, or with fine, or with both.)
24
protection impedes the media’s ability to inform the public of the misuse of power
thereby weakening the democratic process.
At present, neither is there a statute which explicitly protects the right of journalists to
refuse disclosure of confidential sources nor is there any provision that grants the courts
the power to require disclosure of such sources. Nonetheless, there are parts of
enactments which can be used as aides when seeking protection. Most significant of these
enactments is section 15 of the Press Council Act, 197866
, section 14 of the now repealed
Prevention of Terrorism Act, 2002 and various parts of the Evidence Act, 1972.
3.1.6 Parliamentary Privilege
Parliamentary privilege is a legal immunity bestowed upon Members of the Parliament
and state legislatures. As a result of these powers and protections, legislators are granted
protection against civil or criminal liability for any action or statement made in the
furtherance of their legislative duties. The Indian Constitution grants this protection by
virtue of Article 10567
(for the national Parliament) and Article 19468
(for state
legislatures). These laws were introduced with an aim to further democracy by protecting
legislatures from outside influence. However, in the modern day scenario these privileges
serve to endanger democracy rather than promote it, because it protects the legislature
from much needed public oversight.
66
Section 15 (2), PRESS COUNCIL ACT, 1978. (Nothing in subsection (1) shall be deemed to compel any
newspaper, news agency, editor or journalist to disclose the source of any news or information published
by that newspaper or received or reported by that news agency, editor or journalists.) 67
Art 105, THE CONSTITUTION OF INDIA, 1950 (Powers, privileges, etc of the Houses of Parliament and of
the members and committees thereof.) 68
Art 194, THE CONSTITUTION OF INDIA, 1950 (Powers, privileges, etc of the Houses of Legislatures and
of the members and committees thereof.)
25
3.2 Introduction
It was 1999, and an inebriated 28 year old man walked into an ice cream parlor in
Lucknow at 11:30 pm. Since the shop had closed an hour back, Raghuraj Maurya, the
attendant refused to serve the customer. Little did he know that he would be killed for
doing his job. Unfortunately, Rakesh Kumar Mishra, son of a deputy SP of Uttar Pradesh
pulled out his 38 bore, which belonged to his father and killed the attendant.69
Even though the facts of this case are eerily similar to the Jessica Lal murder case,70
both
these cases had diametrically opposite outcomes. The culprits who murdered in Lucknow
are still absconding. However one thing that separates both these incidents is the amount
of media attention these two cases got.
3.3 Cases that Witnessed Media’s Involvement
Over the past twenty four years, media has played an active role in ensuring dispensation
of justice in a plethora of cases. Most importantly, intervention by media has been
imperative to initiate criminal proceedings against rich, powerful and influential people.
It has been observed in a plethora of cases that prior to media coverage; investigating
agencies have refused to take any action against the accused. In order to analyze the role
played by media in dispensation of justice, ten widely reported cases have been identified
and discussed. Furthermore, an attempt has been made to identify the impact of intense
reportage on the eventual outcome of the case. These cases were selected in a random
method with a view that in the past two decades they received significant media attention.
Thereafter, newspaper reporting at the time of the incident and at every important
milestone of the incident was followed. Archives of The Times of India, The Hindustan
Times, and The Hindu were accessed and coverage given by the media to each of these
incidents was looked into in order to determine the media coverage received by these
cases. These three national dailies were selected because they are three most widely read
English dailies based on the results of the India Readership Survey conducted by the
69
Sutapa Mukerjee, Ice-Candy Murder, OUTLOOK, 1999, available at
http://www.outlookindia.com/article.aspx?207506 (Last visited Mar 9, 2014). 70
State v. Sidhartha Vashisht And Ors, AIR2010SC2352.
26
Media Research Users Council. In addition to this archives of Indian Express were
referred for incidents that occurred prior to 1997. In addition to this coverage by news
channels of these incidents was also referred to understand the scope of media coverage.
The following section provides a detailed analysis of the cases and its impact on
dispensation of justice:
I. Shakti Mills Gang-Rape Case:
A photojournalist was gang raped by five men in Mumbai’s Shakti Mills while
she was on an assignment. The incident grabbed headlines at the time of its
occurrence,71
and it continued to be in news over the next one month.72
In the
month of October the incident was reported once a week and by November it had
become sporadic. Media interest piqued again between March 21, 201473
and
April 4, 201474
as this was the time during which the accused were sentenced.
In this case not only did the timely media intervention expedite the criminal
proceedings but it also encouraged an 18 year old telephone operator to report that
she was also raped at the same place in July, 2013.75
This ensured that the repeat
offenders were awarded the maximum sentence under the amended law of 2013.
71
Photojournalist Gang Raped In Old Mahalaxmi Mill In Mumbai, Cops Release Sketches Of 5 Suspects
(Aug 23, 2013), THE TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/mumbai/Photographer-gang-raped-in-old-Mahalaxmi-mill-in-
Mumbai-cops-release-sketches-of-5-suspects/articleshow/21987687.cms? (Last accessed on April 25,
2014). 72
Rashmi Rajput, Police File Charge sheet In Shakti Mills Gang Rape Case (Sep 20, 2013), THE HINDU,
available at http://www.thehindu.com/todays-paper/tp-national/police-file-charge-sheet-in-shakti-mills-
gang-rape-case/article5148171.ece (Last accessed on Apr 25, 2014). 73
Rashmi Rajput, Five Convicted in Rashmi Mills Gang-Rape Case (March 21, 2014), THE HINDU,
available at http://www.thehindu.com/todays-paper/five-convicted-in-shakti-mills-gangrape-
cases/article5812714.ece (Last accessed on Apr 25, 2014). 74
Puja Changoiwala, Shakti Mills Gang-Rape: 3 Get Death, Another Gets Life (Apr 4, 2014), HINDUSTAN
TIMES, available at http://www.hindustantimes.com/india-news/mumbai-shakti-mills-gang-rape-case-3-
repeat-offenders-get-death-life-term-for-1/article1-1204174.aspx (Last accessed on Apr 25, 2014). 75
I Too Was Raped by Mill Assailants: Mumbai Teen (Sep 3, 2013), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/mumbai/i-too-was-raped-by-mill-assailants-mumbai-
teen/article1-1116694.aspx (Last accessed on Apr 25, 2014).
27
Name of the Case Shakti Mills Gang-Rape Case
Year 2013
Offence Gang-rape. Two of the five accused were charged under the amended
Section 376 D of IPC. While three of the accused namely Vijay Jadhav,
Qasim Sheikh alias Bengali and Salim Ansari were charged under Section
376 E.
Facts August 22, 2013: A photojournalist was gang raped by five men at
Mumbai’s Shakti Mills compound while she was on an assignment.
The Mumbai police arrested a 17 year old accused on August 23, 2013.
The remaining offenders were arrested within a week.
September 3, 2013: An 18 year old telephone operator complained that she
was also gang raped at Shakti Mills by 5 men (including three accused in
the previous case) on July 13th, 2013.
The Mumbai police filed a charge sheet in the photojournalist’s case and
the telephone operator’s case on September 19, 2013 and October 8, 2013,
respectively.
Since the photojournalist had approached the police within hours of the
occurrence of the incident, strong medical evidence could be recorded.76
In the second case, owing to the delay in reporting the assault, the
prosecution relied on the victim’s testimony along with circumstantial
evidence.77
March 21, 2014: The court awarded life sentence to the four convicts in the
gang rape of a telephone operator at the Shakti Mills compound last year.
Mach 24, 2014: Court allows framing of additional charge under section
376 E for the three accused involved in both the cases.
April 4, 2014: Sessions court awarded life imprisonment to one offender
while the three habitual offenders were awarded a death penalty.
Media Coverage The media widely reported the rape of the photojournalist.
Stage of Media
Intervention
As soon as the incident occurred.
Time Taken for
the Final Decision
The Sessions court took 7 months to decide the matter.
Remarks Along with expediting the criminal justice system, the intense media
coverage also encouraged the telephone operator to file rape charges
against the three habitual offenders. Thus, media played a positive role.
76
Sukanya Shanta, 5 Convicted of Shakti Mills Gang rapes, THE INDIAN EXPRESS (March 21, 2014),
available at http://indianexpress.com/article/india/crime/mumbai-court-convicts-five-in-shakti-mills-
gangrape-cases/(Last accessed on April 18, 2014). 77
Ibid.
28
II. State v. Ram Singh and another (Nirbhaya or Delhi Gang Rape Case):78
On Dec 16, 2012 five men and a juvenile had gang-raped a student in a moving
bus after which they brutally assaulted her as a consequence of which she
succumbed to her injuries. The incident reeked of depravity and shook the
conscience of the entire society. Indian media reported this instant immediate
provided extensive coverage on a day to day basis to the case.79
Throughout the
month of December, the incident continued to be reported daily and ever since
then the media frenzy in this case has not died down and it has been reported
regularly.80
The media has continued to publish adequate follow ups to the case.
The Nirbhaya case witnessed extreme reactions from the masses as well and there
were marches organized by the citizens in various parts of Delhi including India
Gate, Jantar Mantar, Ramlila Maidan, Vijay Chowk and Rashtrapati Bhawan. The
role of media in this case was important as it was instrumental in conveying the
graveness of the issue; in generating a public opinion and most importantly
thorough adequate follow ups it ensured that the mass awakening does not die a
natural death. Furthermore, public outcry ensured that the cases were disposed in
a timely manner.81
78
MANU/DE/0649/2014. 79
Girl Gang-Raped in Moving Bus in Delhi (Dec 17, 2012), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/delhi/Girl-gang-raped-in-moving-bus-in-
Delhi/articleshow/17646614.cms? (Last accessed on Apr 25, 2014). 80
Nirbhaya Case Witness Harassed By Defence (May 8, 2013), TIMES OF INDIA, available at
http://articles.timesofindia.indiatimes.com/2013-05-08/delhi/39115799_1_witness-v-k-anand-singapore-
hospital (Last accessed on Apr 25, 2014). 81
Delhi Gang-Rape Case: All Four Convicts Awarded Death Sentence (Sep 13, 2013), TIMES OF INDIA,
available at http://timesofindia.indiatimes.com/india/Delhi-gang-rape-case-All-four-convicts-awarded-
death-sentence/articleshow/22546130.cms (Last accessed on Apr 26, 2014).
29
Name of the Case State v. Ram Singh and another (Nirbhaya or Delhi Gang Rape Case).
Year 2012
Offence Rape, murder, . The accused were charged under the following sections:
120B IPC & U/s 365 / 366 / 376(2)(g) / 377/307 / 302 and / or 396 /395
IPC read with section 397 / 201 / 412 read with section 120B IPC.
Facts December 16, 2012, Ram Singh, Vinay, Akshay, Pawan, Mukesh and a
juvenile had gang-raped a paramedic student in a bus after luring her and
her 28-year-old male friend, who was also assaulted, on board the vehicle,
which was later found to be plying illegally on Delhi roads.
December 17, 2012: Police identified the four accused.
January 2, 2013: Chief Justice of India Altamas Kabir set up a fast track
court for the trial. The proceedings started on January 17, 2013.
September 13, 2013: The accused were awarded a death sentence by the
trial court.
September 24, 2013: Delhi High Court commenced hearing the death
sentence reference on a day to day basis.
March 13, 2014: High Court upheld the death penalty awarded.
March 15, 2014: the Supreme Court stayed the execution of two accused.
Media Coverage The incident was widely reported in various forms of media on December
17, 2012. This gruesome incident shook the collective conscience of the
public at large.
Furthermore, the Delhi allowed the media to report the proceeding of the
Fast Track Court.
Stage of Media
Intervention
The media reported the incident as soon as it happened. (17 December,
2012).82
Time Taken for
the Final Decision
From the date of the occurrence of the incident the trial court took
approximately 9 months to sentence the guilty, while the High Court
affirmed the same in 15 months.
Remarks The incident was widely reported and it shook the collective conscience of
the public at large. This intense response was possible due to the wide
reportage of the incident.
Therefore media played a positive role right from the beginning.
82
Ibid. (“In an epoch when sexual assaults and ravishments are the order of day, when young men (and
even old ones) revel in public declaration of their promiscuous pursuits, when not only the streets but
schools, colleges and work-places are approached by the vulnerable with trepidation and even the judge has
to be sensitized to gender issues, the rape of a young girl hardly out of her teens, would have gone
unnoticed as scores of other violations of infants, girls and women, but for fact that a public outraged at the
manner in which the entrails of the ravished were culled out of her body, leaving her to die, stripped of all
human dignity, completely unattired, in the darkness of a wintry night, on a thoroughfare, took to the streets
in their quest for justice. This had the trigger effect of impelling the investigative agencies into using such
tools of investigation as had lain in their tool-kit hitherto before practically unused, to nail the culprits.”).
30
III. R.K .Anand v Registrar, Delhi High Court83
:
On May 30, 2007 NDTV broadcast a sting operation that showed Sanjeev
Nanda’s lawyer, the prime accused in the BMW hit and run case trying to bribe
the eye witness to the incident.84
Consequently, the Delhi High Court took suo
moto cognizance of the incident and ordered an inquiry into the incident.85
Once
the High Court had ordered a probe into it, the incident did not appear in the
headlines nor did it receive massive media attention, apart from regular updates
on the court proceedings.86,87
However media did report the verdict of the High
Court88
as well as the Supreme Court.89
This case was welcomed by the media
and specifically sting journalists as the court held that a media outlet does not
need to take prior permission from the court before undertaking a sting operation
as long as it is done to further public interest. Furthermore, the tapes were
accepted as evidence by the court while adjudicating upon the matter.
83
(2009)8SCC106. 84
NDTV Exposé on BMW Case (May 30, 2007), NDTV, available at
http://www.ndtv.com/video/player/news/ndtv-expos-on-bmw-case/14081?curl=1398500743 (Last accessed
on Apr 25, 2014). 85
Court Orders Probe into BMW Case Sting Operation (Jun 1, 2007), THE HINDU, available at
http://www.hindu.com/2007/06/01/stories/2007060112820100.htm (Last accessed on Apr 25, 2014). 86
Original CDS Of BMW Sting Operation Played In Court (Sep 29, 2007), HINDUSTAN TIMES, available
at http://www.hindustantimes.com/india-news/newdelhi/original-cd-s-of-bmw-sting-operation-played-in-
court/article1-250156.aspx (Last accessed on Apr 25, 2014). 87
BMW Sting: Court Seeks Unedited Tapes (Oct 14, 2008), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/original-cd-s-of-bmw-sting-operation-played-in-
court/article1-250156.aspx (Last accessed on Apr 25, 2014). 88
NDTV Exposé on BMW Case (Aug 21, 2008), NDTV, available at
http://www.ndtv.com/video/player/news/ndtv-s-expose-on-bmw-case/36520 (Last accessed on Apr 25,
2014). 89
SC Pronounces R K Anand Guilty in BMW Exposé Case (Jul 29, 2009), NDTV, available at
http://www.ndtv.com/article/india/sc-pronounces-r-k-anand-guilty-in-bmw-expos-case-6441 (Last accessed
on Apr 25, 2014).
31
Name of the Case R.K .Anand v Registrar, Delhi High Court
Year 2007
Offence Criminal Misconduct.
Facts June 30, 2007: NDTV conducted a sting operation that showed R.K. Anand
and IU Khan offering bribe to influence a key witness in the case of
Media Coverage In this case the Delhi High Court had taken suo moto cognizance of an
expose showing alleged collusion between prosecution and defense lawyers
in the BMW case. Even though the court had not received a formal
complaint.
Stage of Media
Intervention
A case of investigative journalism, wherein the media intervened and
prevented miscarriage of justice.
Time Taken for
the Final Decision
May 30, 2007: NDTV telecast the sting operation.
May 31, 2007: Delhi High Court suo motu cognizance of the case.
Aug 2008: High Court found both the lawyers guilty.
Jul 29, 2009: Conviction of IU Khan set aside for lack of evidence while
the punishment of R.K.Anand upheld.
Remarks This is an important case in the History of Indian media because the Apex
Court held that it was not necessary for a media outlet to receive
permission from a court to undertake sting operation. The court also
remarked that this sting operation was more likely to assist the functioning
of trial.
32
IV. Surendra Koli v. State of UP (Nithari Killings): 90
Several children had gone missing over 2 years from Sector 31, Nithari Village,
Gautam Budh Nagar, since 2005. However, the incident came to light only after
skeletal remains of eight children were discovered from the drain of a house in
Nithari, Noida. Once these bodies were found the media intervened and the issue
was highlighted in all forms of media, print as well as broadcast media. Nithari
killing formed a part of the headlines regularly till March 22, 2007. 91
During
April- September 2007 (the time charges were framed against Pandher) the issue
was reported on a fortnightly basis.92
Thereafter, the reports reduced to once a
month and this continued till December 2007.93
From 2007, media has covered
only important milestones in the case such as the date of trial court’s verdict,94
Supreme Court’s ruling95
in the case and like.
90
AIR2011SC970. 91
3 Chargesheeted in Nithari Killings (Mar 22, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/3-chargesheeted-in-nithari-killings/article1-
211235.aspx (Last accessed on Apr 25, 2014). 92
Charges Framed Against Pandher (Sep 19, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/charges-framed-against-pandher/article1-248706.aspx (Last
accessed on Apr 25, 2014). 93
Pandher Guilty Of Rape And Murder In Two More (Dec 14, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/pandher-guilty-of-rape-and-murder-in-two-more-
cases/article1-263012.aspx (Last accessed on Apr 25, 2014). 94
Koli Sentenced to Death (May 12, 2010), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/koli-sentenced-to-death/article1-542807.aspx (Last accessed
on Apr 25, 2014). 95
Nithari Killings: Supreme Court Upholds Surinder Koli's Death Sentence (Feb 15, 2011), NDTV,
available at http://www.ndtv.com/article/india/nithari-killings-supreme-court-upholds-surinder-koli-s-
death-sentence-85581 (Last accessed on Apr 25, 2014).
33
Name of the Case Surendra Koli v. State of UP (Nithari Killings)
Year 2005
Offence The accused was charged under section 302/364/376 IPC.
Facts Several children had gone missing over 2 years from Sector 31, Nithari
Village, Gautam Budh Nagar, since 2005. Several of such children were
alleged to have been killed by the Appellant who is also alleged to have
chopped and eaten the body parts after cooking them. Appellant Surendra
Koli was the servant of accused No. 1 Moninder Singh, and they lived
together at D-5, Sector 31, Noida.
Dec 29, 2006: Nithari killings came to light with the discovery of eight
skeletal remains of children from the drain of a house in Nithari, Noida.
Two suspects- owner of the house Moninder Singh Pandher and his
domestic help Surinder Koli arrested.
Over the next 24 hours more skeletons tumbled out of the drainage. Two
constables were suspended as intense pressure from the media and public
builds up. Furthermore, CBI took over the investigations of the case on
Jan 10, 2007.
Mar 22, 2006: CBI files first charge sheet in the case in the Ghaziabad
court. Slaps lesser charges on Moninder Singh Pandher. Surinder Koli,
charged of committing all the murders besides rape and kidnap.
Feb 13, 2009: Koli was convicted and sentenced to death by a special CBI
court on for the rape and murder of 14-year-old Rimpa Haldar, one of the
several alleged victims of the alleged grisly killings in Nithari.
September 11, 2009: In Appeal/Reference to the High Court accused
Surendra Koli's death sentence was affirmed while the accused Maninder
Singh Pandher was acquitted.
Feb 15, 2011: The Supreme Court affirmed the death sentence of
Surendra Koli.
Media Coverage The incident of missing children was brought to light by the media in Dec
2006 when human remains were found in the backyard of a palatial
bungalow. It was only due to the intense media coverage that the police
registered an FIR and enquired into the matter.
Even though, 38 people (including children and adults) had disappeared
from the area since 2005 the police refuse to lodge an FIR. Only one FIR
had been lodged during these two years.96
Intense media pressure and public outrage in December 2006 set the
wheels of dispensation of justice in motion.
96
Pushkar Raj, Nithari: The story of the Poor Who Lost Their Children, PUCL (February 2007), available
at http://www.pucl.org/Topics/Child/2007/nithari.html (Last visited Apr 19, 2014).
34
Stage of Media
Intervention
The media intervened in December 2006, when human remains were
discovered in the backyard.
Time Taken for the
Final Decision
Since the investigation by CBI, Supreme Court took 5 years to decide the
matter.
Remarks Through this case it is apparent that a responsible media is crucial to
ensure that the marginalized can access the criminal justice system. Thus,
media played a positive role.
35
V. Sajal Sureshkumar Jain v. State of Gujarat97
(Bijal Joshi Rape Case):
On Dec 31, 2003, five men gang raped Bijal Joshi in Ahmadabad. Unable to
withstand the trauma the victim committed suicide on Jan 7, 2004. The media’s
coverage of the incident increased since the girl took her own life.98
Since then the
media reported this incident on a weekly basis. The regular reporting of the
incident gathered public support99
and also prevented the accused from misusing
the legal machinery. Subsequently, the national commission for women began an
independent probe into the incident,100
and thereafter the NCW team pointed out
that there were lapses in the investigation.101
The media’s role was significant at
this stage because it prevented the accused from misusing the legal machinery.102
Thereafter, the media reported every update of the case,103
even though it ceased
to grab the headlines.104,105
97
2010CriLJ213. 98
Gangrape Victim Commits Suicide (Jan 8, 2004), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/ahmedabad/Gangrape-victim-commits-
suicide/articleshow/410950.cms? (Last accessed on Apr 25, 2014). 99
Sajal Gets A Taste of Mob Fury (Jan 17, 2004), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com//city/ahmedabad/Sajal-gets-a-taste-of-mob-fury/articleshow/428415.cms
(Last accessed on Apr 25, 2014). 100
NCW Begins 'Independent' Probe Into Bijal Joshi Case (Jan 17, 2014), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/news-feed/nm2/ncw-begins-independent-probe-into-bijal-joshi-
case/article1-12444.aspx (Last accessed on Apr 25, 2014) 101
New Points at Lapses in Probe Between Rape and Suicide (Jan 18, 2004), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com/city/ahmedabad/NCW-points-at-lapses-in-probe-between-rape-and-
suicide/articleshow/429939.cms? (Last accessed on Apr 25, 2014). 102
6 Cops Suspended Over Ahmadabad Rape Case (Jan 19, 2004), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/6-cops-suspended-over-ahmedabad-rape-case/article1-
12505.aspx (Last accessed on Apr 14, 2014). 103
Bijal Rape Case: 5 Get Life in Jail (Jun 21, 2008), TIMES OF INDIA, available at
http://timesofindia.indiatimes.com//india/Bijal-rape-case-5-get-life-in-jail/articleshow/3150714.cms (Last
accessed on Apr 25, 2014). 104
Bijal Joshi Rape Case: High Court Upholds Conviction of Accused (Dec 31, 2012), NDTV, available at
http://www.ndtv.com/video/player/news/bijal-joshi-rape-case-high-court-upholds-conviction-of-
accused/260173 (Last accessed on Apr 25, 2014). 105
Bijal Gangrape Case: HC Bins Convicts Plea for More Time to Surrender (Jan 12, 2013), INDIAN
EXPRESS, available at http://archive.indianexpress.com/news/bijal-gangrape-case-hc-bins-convicts-plea-
for-more-time-to-surrender/1058327/ (Last accessed on Apr 25, 2014).
36
Name of the
Case
Sajal Sureshkumar Jain v. State of Gujarat (Bijal Joshi rape case)
Year 2003
Offence Gang-rape. The accused were charged under section 34/120B/323/Section
324/328/342/328/376(2)
Facts On the eve of January 1, 2004 four men along with Sajal Sureshkumar Jain
gang-raped Bijal Joshi. Sajal Jain was the victim’s boyfriend at that time. (The
accused was having an extramarital affair with the victim.)
January 7, 2004: Unable to withstand the humiliation and trauma Bijal
committed suicide at her home by hanging herself.
June 20, 2008: Sessions judge held the five accused guilty and the five
accused were sentenced to life imprisonment. The court acquitted seven
others, including Dr Yogesh Jadav, who was accused of presenting a medical
report contrary to the facts in the case, citing lack of evidence. The five
sentenced to life imprisonment were acquitted from the charge of abetment to
suicide.
December 27, 2012: The Gujarat High Court upheld the Sessions judge.
Media
Coverage
The incident was widely reported by the print as well as the broadcast media.
Since the accused in this case belonged to an influential family, he tried to
influence the investigating agencies. Soon after Bijal Jain committed suicide,
the accused admitted himself to a private hospital in Delhi.106
Stage of Media
Intervention
The media intervened when the accused tried to misuse the legal machinery
through the use of money and influence. It was speculated that the police was
not pursuing this case proactively and were purposefully delaying the arrest.
Time Taken for
the Final
Decision
The Gujarat High court delivered the judgment 8 years after the incident took
place.
Remarks Many a times rich and influential people try to employ underhanded tricks to
abuse the legal machinery. In this case timely media intervention ensured that
the police could not hush up the entire matter. Thus media was seen to play a
positive role.
106
Rape accused and Subversion of Trial, THE HINDU (Jan 17, 2004), available at
http://www.hindu.com/2004/01/17/stories/2004011705420300.htm (Last accessed on April 18, 2014).
37
VI. State v. Vikas Yadav and Vishal Yadav107
(Nitish Katara Murder Case):
Vikas and Vishal Yadav abducted and killed Nitish Katara for his alleged
intimacy with their sister Bharti Yadav. Though, the offence occurred in 2002, it
failed to witness any media attention till May 2006.108
This sudden media
attention was also because this was soon after the acquittal in the Jessica Lal
murder case and at a time when media activism was at an all time high. In
addition to the print media this case was widely reported in the broadcast
media.109
The role of media was instrumental in highlighting the fact that key
prosecution witness Bharti Yadav sought to have her name removed from the
name of witnesses.110
While the media did not report this case on a day to day
basis, the impact that its reporting had was immense. More importantly, it
reported each and every painstaking detail of the case thereby ensuring that the
powerful culprits were brought to book.111,112
107
MANU/DE/0847/2014. 108
Vikas Confesses to Killing Katara (May 28, 2006), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/news-feed/nm11/vikas-confesses-to-killing-katara/article1-102908.aspx
(Last accessed on Apr 25, 2014). 109
Katara Case: Witness’ Security Restored (May 28, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/katara-case-witness-security-restored/3661 (Last accessed on Apr
25, 2014). 110
Bharti’s Testimony Was Crucial (May 28, 2008), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/bharti-s-testimony-was-crucial/article1-313870.aspx
(Last accessed on Apr 25, 2014). 111
Vishal Stayed In Hospitals For 9 Months Since Conviction: Report (Feb 17, 2012), HINDUSTAN TIMES,
available at http://www.hindustantimes.com/india-news/newdelhi/vishal-stayed-in-hospitals-for-9-months-
since-conviction-report/article1-812646.aspx (Last accessed on Apr 25, 2014). 112
Delhi High Court Upholds Conviction of 3 Convicts in Nitish Katara Murder Case (Apr 2, 2014),
HINDUSTAN TIMES, available at http://www.hindustantimes.com/india-news/delhi-hc-upholds-conviction-
of-3-convicts-in-nitish-katara-murder-case/article1-1203268.aspx (Last accessed on Apr 25, 2014).
38
Name of the Case State v. Vikas Yadav and Vishal Yadav (Nitish Katara murder case).
Year 2002
Offence Murder. The accused were charged under Section 364/302/201/34 IPC
Facts February 16, 2002: Vikas and Vishal Yadav allegedly abducted Nitish
Katara from a wedding of his classmate Shivani Gaur in Ghaziabad on the
night of February 16, 2002. They allegedly killed Nitish for his intimacy
with Bharti Yadav.
February 20, 2002: The body of Nitish Katara was discovered in village
Khurja in Bulandshahar.
March 11, 2002: The Tata Safari used in the murder was recovered from G
T Road, Karnal.
April 23, 2002: Both the accused Vikas and Vishal Yadav were arrested
from Madhya Pradesh.
November 23, 2002: Charges were framed against the three accused. A
separate trial was started against a third accused in the case, Sukhdev
Pehlwan, who was arrested in 2005.
May 30, 2008: The trial court found Vishal Yadav and Vikas Yadav guilty
and awarded them a rigorous life imprisonment.
July 12, 2012: The third accused Sukhdev Pehalwan was also awarded a
life term.
April 2, 2014: The Delhi High Court upheld the life sentence of all the
three accused in this case. It also held that this was a case of honor killing.
Media Coverage Media attention was focused on the reluctance of Bharti Yadav to testify in
the Court, who had left for London soon after the incident. 39 appeals were
filed by the defense counsel to have her name removed from the list of
witnesses. A year after the incident, the Uttar Pradesh’s prosecution
counsel also moved an application to have her name struck off. At this
point it was speculated by the media that the prosecution may have been
influenced by the father of the accused Mr. D.P Yadav. Based on an appeal
filed by the deceased’s mother, the trial was shifted from Ghaziabad to
Delhi. Ultimately it took four and a half years to get Bharti Yadav to
testify.
The media also brought to light the fact that Vikas and Vishal Yadav were
granted bail 66 times.113
113
Vikas Yadav out of Tihar 66 Times for Treatment, THE INDIAN EXPRESS (July 28, 2010), available at
http://indianexpress.com/article/india/latest-news/vikas-yadav-out-of-tihar-66-times-for-treatment/ (Last
accessed on April 18, 2014).
39
Stage of Media
Intervention
The media intervened in 2006 and highlighted the key witness’s refusal to
testify against her own brothers. Bharti Yadav ultimately testified on
November 25, 2006.114
Time Taken for
the Final Decision
The trial court gave its decision in 6 years. While the High Court delivered
its judgment in 12 years.
Remarks From this case it is apparent that media played a crucial role in obtaining
the testimony of the key witness, which led to favorable outcome at the trial
court. Thus media can play a positive role in all aspects of the justice
delivery system.
114
Timeline: Nitish Katara Murder Case, THE INDIAN EXPRESS, (Apr 2, 2014), available at
http://indianexpress.com/article/india/india-others/timeline-nitish-katara-murder-case/ (Last visited Apr 18,
2014).
40
VII. State v. Sidhartha Vashisht And Ors.115
(Jessica Lal Murder Case):
Jessica Lal, a Delhi based model was shot dead on May 1, 2009 and the incident
was reported on the first page of most of the national dailies.116
The media
covered this incident on a day to day basis till May 10, 1999,117
after which the
reporting reduced to once a week118
after which the media frenzy reduced to
sporadic coverage of some incident in the case.119
This changed dramatically once
all the accused were acquitted in the Jessica Lal murder case in 2006.120
The
verdict was met with a lot of public angst and spurred the media into action and
was reported on a day to day basis in print as well as broadcast media. 121
Media
disclosed loopholes in the investigation and a tape in which Manu Sharma
confessed to having shot the model was never produced before the Court.
However, it was acquired and aired by NDTV.122
The masses felt let down by the
judiciary and along with media and Sabrina Lal (Jessica Lal’s sister) organized
candle light vigils at India Gate. On 9 Sept 2006, Tehelka carried out a sting
operation which revealed that Vinod Sharma (Manu Sharma’s father) had paid
bribes to the key witnesses in the case.123
115
Supra note 70. 116
Model Jessica Lal Shot Dead in Restaurant (May 1, 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/94821/ (Last accessed on Apr 25, 2014). 117
Police Trace Manu's Route, Stopovers (May 10, 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/96564/ (Last accessed on Apr 25, 2014). 118
One More on the Wanted List: Ex-Cricketer Yograj (May 17, 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/98058/ (Last accessed on Apr 25, 2014). 119
Jessica Murder -- Police Chase Vikas Yadav Once Again (Jul 9. 1999), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/108395/ (Last accessed on Apr 25, 2014). 120
All Accused Acquitted in Jessica Lal Murder Case (Feb 22, 2006), THE HINDU, available at
http://www.thehindu.com/todays-paper/all-accused-acquitted-in-jessica-lal-murder-case/article3181989.ece
(Last accessed on Apr 25, 2014). 121
Jessica Lal Verdict Raises Questions (Feb 22, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/jessica-lall-verdict-raises-questions/593 (Last accessed on Apr 25,
2014). 122
NDTV Gets CD Of Manu Sharma’s Confession (Oct 2, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/ndtv-gets-cd-of-manu-sharma-s-confession/7871 (Last accessed
on Apr 25, 2014). 123
'Sting' Tapes Of Jessica Murder Case Reaching Next Week: Police (Sep 28, 2006), ONEINDIA, available
at http://news.oneindia.in/2006/09/28/sting-tapes-of-jessica-murder-case-reaching-next-week-police-
1159455899.html (Last accessed on Apr 25, 2014).
41
As a result of media activism and public outcry the Delhi High Court took up the
case,124
and the case was ultimately reopened in March 2006.125
The media
continues to capture every update on the case.126
Name of the Case State v. Sidhartha Vashisht And Ors. (Jessica Lal murder case)
Year 1999
Offence Murder
The accused were charged under Section 302/201/120B of the
Indian Penal Code (IPC) and under Section 27 Arms Act
Facts On 29/04/1999 in a restaurant named Tamarind Court, one man
aged 30-32 years shot Jessica Lal (bartender) for refusing to serve
him drinks.
Jessica Lal was declared dead in the wee hours of 30/04/1999
Media Coverage On Feb 21, 2006 the trial court acquitted all the nine accused citing
lack of incriminating evidence.
The acquittal of the accused led to public outrage which was
initiated by the media.
Stage of Media
Intervention
February 2006. The incident was highlighted in all forms of the
news media, which includes newspapers as well as television.
Furthermore a sting operation was carried out by Tehelka127
which
displayed that one of the witnesses had turned hostile in lieu of
bribe.
Time Taken for
the Final Decision
The High Court heard the appeal on a day to day basis. (October 3,
2006 onwards) and on December 18, 2006 gave its verdict
Supreme Court upheld the conviction on Apr19, 2010.
Remarks Media intervention expedited the procedure and ensured that the
guilty were convicted. Therefore media played a positive role.
124
Delhi High Court Takes Up Jessica Lal Murder Case (Feb 25, 2006), THE HINDU, available at
http://www.thehindu.com/todays-paper/delhi-high-court-takes-up-jessica-lal-murder-
case/article3183425.ece (Last accessed on Apr 25, 2014). 125
Model Jessica Lal Murder Case Reopened (Mar 7, 2006), DNA, available at
http://www.dnaindia.com/india/report-model-jessica-lall-murder-case-reopened-1016673 (Last accessed on
Apr 25, 2014). 126
Jessica Lal Murder Case: Manu Sharma Gets Parole (Dec 18, 2013), NDTV, available at
http://www.ndtv.com/topic/jessica-lal/news (Last accessed on Apr 25, 2014). 127
Nisha Susan, The Investigation We Did. AND The Movie They Made, TEHELKA MAGAZINE, Vol 8,
Issue 3 (January 22, 2011), available at:
http://archive.tehelka.com/story_main48.asp?filename=hub220111THE_INVESTIGATION.asp (Last
accessed on April 19, 2014).
42
VIII. Sushil Ansal v. State through CBI128
(Uphaar Tragedy):
On June 13, 1997 59 people were killed and 103 were injured, when a fire
engulfed the Uphaar cinema during the screening of the film Border. The incident
was reported in all the major dailies.129
Though grave, the incident featured again
in the headlines on June 15, 1997130
and then the media reporting of the incident
was very bleak. However, media coverage of the tragedy heightened in Feb 2006
as the victims of the kin demanded justice and gathered peacefully in large
numbers.131
Delay in the proceeding caught media’s attention owing to which the
incident received widespread coverage during June 2006-November 2006 with at
least three news items reported in a month. Thereafter, the trial court sentenced
the two accused to 2 years of rigorous imprisonment in 2007.132
However, the
Delhi High Court reduced the sentence to 1 year in 2008.133
This appeal to the
High Court was also covered on an elaborate basis by the dailies, and every
update was captured in the month of January and was formed a part of the
headlines.134
This coverage intensified in Jan 2008 and then reduced to almost
once a month during Apr 2008 to Dec 2008. During 2009-11, it was observed that
media continued to capture every update of the incident; also the memorial
service organized by the kins of the deceased was reported every year by the
128
MANU/SC/0190/2014. 129
Delhi Cinema Fire Tragedy Claims 59 (Jun 14, 1997), INDIAN EXPRESS, available at
https://www.dropbox.com/s/yb04fl0u9mt2oeg/Isha%27s%20Thesis.xlsx?n=71201191 (Last accessed on
Apr 25, 2014). 130
Four Arrested for Delhi Fire Tragedy (Jun 15, 1997), INDIAN EXPRESS, available at
http://archive.indianexpress.com/Storyold/3782/ (Last accessed on Apr 25, 2014). 131
Uphaar Victims' Kin Still Await Justice (Jun 13, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/uphaar-victims-kin-still-await-justice/4167 (Last accessed on Apr
25, 2014). 132
Convicted Ansals, 10 Others (Nov 21, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/convicted-ansals-10-others/article1-258852.aspx (Last
accessed on Apr 25, 2014). 133
Court Grants Relief to Ansals (Dec 19, 2008), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/court-grants-relief-to-ansals/article1-359210.aspx (Last
accessed on Apr 25, 2014). 134
Sushil Ansal Appeals Against Sentence (Dec 10, 2007), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/sushil-ansal-appeals-against-sentence/article1-
262429.aspx (Last accessed on Apr 25, 2014).
43
media.135
This helped keep the memory of the tragic incident alive among the
masses.
Name of the Case Sushil Ansal v. State through CBI (Uphaar tragedy)
Year 1997
Offence Sushil Ansal (A-1) and Gopal Ansal (A-2), along with nine other people
were charged with offences punishable Under Sections 304A read with
Section 36 and Sections 337 and 338 read with Section 36 of the Indian
Penal Code.
Facts June 13, 1997: 59 people were killed and 103 were injured, when a fire
engulfed the Uphaar cinema during the screening of the film Border.
Nov, 2007: The trial court found the accused guilty of negligence and
sentenced Ansal brothers to two years of rigorous imprisonment.
December 2008: The Delhi high court reduced their sentence to 1 year.
Thereafter CBI and Association of Victims of Uphaar Tragedy (AVUT)
(formed by affected families) challenged this reduction of sentence at the
Apex Court.
March 5, 2014: The Supreme Court held the two brothers guilty of
negligence. However, the two judge bench differed on the issue of quantum
of punishment. Therefore, the matter has been referred to a 3 judge bench.
Furthermore, a fine of INR100 crores was also imposed upon the Ansal
brothers. This money would be used for the construction of trauma centre
and a super specialty hospital.
Media Coverage The incident was widely reported in the print media at the time of its
occurrence. Furthermore, the media relentlessly covered each and every
milestone of the case.136
Stage of Media
Intervention
The media intervened at the time of the incident. Also, it followed each and
every development of the case.
Time Taken for
the Final Decision
The Supreme Court delivered the judgment 17 years after its occurrence.
Remarks The significance of the Uphaar judgment lies in its broad sweep of
culpability: it covers not only “owners” of the property but also its
“occupiers”. Through this judgment it is now possible to hold directors
liable for criminal negligence. Thus, media along with public actions
(AVUT in this case) had a positive impact on the dispensation of justice.
135
Uphaar Tragedy: Victims Still Await Justice (Jun 13, 2013), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/audio-news-video/AV-News/Uphaar-tragedy-Victims-still-await-
justice/Article2-1075849.aspx (Last accessed on Apr 25, 2014). 136
Prashant Pandey, Ten Years After Uphaar Tragedy, Ansals Held Guilty, the Hindu, available at
http://www.hindu.com/2007/11/21/stories/2007112159140100.htm (Last accessed on April 19, 2014).
44
IX. Santosh Kumar Singh v. State through CBI137
:
Raped and murdered at her New Delhi residence on 23rd January, 1996. The
incident failed to capture the headlines in any of the major dailies. Subsequent to
the trial court’s acquittal of the accused CBI appealed to Delhi High Court in
2000. Initially, the trial was not a priority, and there was no presentation of
evidence or hearings in the Delhi High Court well into 2006. This case came into
the public glare following the acquittals in the Jessica Lal murder case, owing to a
lot of similarity in the two mishaps.138
Thus widespread mass protests were
undertaken by the citizens to ensure that justice was delivered. Also news
channels such as NDTV highlighted the loop holes in the investigation.139
However, the media reports dwindled during April-May 2006 and the case again
witnessed media coverage from June 11, 2006 till Oct 2010.140
137
(2010)9SCC747. 138
CBI to Re-Examine its Appeal in Mattoo Case (Mar 23, 2006), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/news-feed/nm8/cbi-to-re-examine-its-appeal-in-mattoo-case/article1-
78091.aspx, (Last accessed on Apr 25, 2014). 139
Mattoo Murder CBI Seeks Urgent Hearing (Mar 25, 2006), NDTV, available at
http://www.ndtv.com/video/player/news/mattoo-murder-cbi-seeks-urgent-hearing/1507 (Last accessed on
Apr 25, 2014). 140
Mattoo Family and Friends “Shattered”, Singh Relieved (Oct 7, 2010), HINDUSTAN TIMES, available
at http://www.hindustantimes.com/india-news/newdelhi/mattoo-family-and-friends-shattered-singh-
relieved/article1-609332.aspx (Last accessed on Apr 25, 2014).
45
Name of the Case Santosh Kumar Singh v. State through CBI
Year 1996
Offence Rape (Section 376 of IPC) and Murder (Section 302 of IPC)
Facts
Priyadarshini Mattoo was a 23-year old law student, living in Delhi.
She was found raped and murdered at her New Delhi residence on
23rd January, 1996. The prime accused in this case was Santosh
Kumar Singh, Mattoo’s senior in her college.
The deceased had also filed a complaint against the accused for
alleged stalking and harassing.
January 25, 1996: the case was handed over to CBI.
April 11, 1996: CBI filed a charge sheet against the accused.
The trial commenced in the court of Additional Solicitor General
SC Mittal.
January 3, 1998: The Prosecution evidence was closed. 50
witnesses were examined by the court. No defense witness was
examined.
April 18, 1998: Even though arguments were closed in the case, but
there were allegations of money changing hands ahead of the
judgment. Case was transferred to the trial court.
December 3, 1999 trial court acquitted the accused.
February 9, 2000: CBI appealed to the Delhi High Court.
Media Coverage
The acquittal of the accused led to intense media coverage (in all forms of
the media be it print or broadcast).
Chaman Lal Mattoo, father of the deceased was also seen giving a lot of
interviews to news channels.
Broad coverage by the media stirred the public into action, with
candlelight vigils being organized in different parts of the capital.
Stage of Media
Intervention The media intervened once the accused was acquitted by the trial court.
Time Taken for the
Final Decision
The Delhi High Court took approximately 42 days to pass the final
verdict. The verdict was passed on the basis of strong incriminating
evidence.141
October 17, 2006: The accused was pronounced guilty and awarded a
death sentence.
Supreme Court commuted the death sentence to life imprisonment on
October 6, 2010.
Remarks Media intervention expedited the procedure and ensured that the guilty
were convicted. Therefore media played a positive role.
141
Kathakali Nandi, Investigative Role of Media: Responsibility to the Society, GLOB. MEDIA J. – INDIAN
ED. SUMMER ISSUE 1–9 (2011).
46
X. Ram Narain Poply, Pramod Kumar Manocha, Vinayak Narayan Deosthali and
Harshad S. Mehta v. Central Bureau of Investigation and Ors.142
(Harshad
Mehta Case):
This case is said to have changed the dynamics of the Indian media and was the
first step towards an adversarial form of journalism. Unlike most of the cases
where media has played a positive role through massive coverage, in this
particular case journalist Sucheta Dalal had exposed Harshad Mehta's illegal
methods in a column in The Times of India on April 23, 1992.143
Furthermore, it
was in a time when the 24*7 news channels had not arrived and therefore it
represents an important milestone in the Indian journalism and represents how
investigative journalism can be used as a tool to expose massive crimes.
142
AIR2003SC2748. 143
Sucheta Dalal, Harshad Mehta: From Pied Piper of the Markets to India's Best-known Scamster, THE
REDIFF COLOUMNS,(Dec 31, 2001), available at http://suchetadalal.com/?id=50775e5a-689d-fb73-
492e82e5b47b&base=sub_sections_content&f&t=Harshad+Mehta%3A+From+Pied+Piper+of+the+market
s+to+India%27s+best-known+scamster (Last accessed on April 19,2014).
47
Name of the Case Ram Narain Poply, Pramod Kumar Manocha, Vinayak Narayan
Deosthali and Harshad S. Mehta v. Central Bureau of Investigation and
Ors.
Year 1992
Offence The accused were charged under the following sections of the Indian
Penal Code 1860 : Section 24, Section 25, Section 43, Section 120A,
Section 120A(2), Section 120B, Section 403, Section 405, Section 407, ,
Section 408, , Section 409, Section 415,Section 419, Section 420, Section
463, Section 464, Section 467, Section 468,Section 471; Prevention of
Corruption Act, 1988 - Section 13(1) and Section 13(2)
Facts 23 April 1992, journalist Sucheta Dalal exposed Mehta's illegal methods
in a column in The Times of India. Mehta was dipping illegally into the
banking system to finance his buying.144
He was arrested and banished from the stock market with investigators
holding him responsible for causing a loss to various entities. Mehta and
his brothers were arrested by the CBI on 9 November 1992 for allegedly
misappropriating more than 2.8 million shares (2.8 million) of about 90
companies, including ACC and Hindalco, through forged share transfer
forms. The total value of the shares was placed at INR2.5 billion (US$42
million).
September 1999, Bombay High Court convicted and sentenced him to
five years rigorous imprisonment and a fine of INR25000 (US$420).
On 14 January 2003, Supreme Court of India confirmed High Court's
judgment.
Media Coverage In this particular case the scam was exposed by Ms. Sucheta Dalal, who
was a financial journalist with Times of India at that point in time.
Stage of Media
Intervention
The media was responsible for bringing the crime to light. Thus, media
played the role of an investigator. This kind of journalism is also known
as investigative journalism.
Time Taken for the
Final Decision Supreme Court took 11 years to deliver its verdict.
Remarks Had it not been for the media, loopholes in the Bombay Stock Exchange
and Harshad Mehta’s malpractices would have gone unnoticed. This case
is said to have changed the dynamics of the Indian media industry.
144
Ibid.
48
XI. S.P.S.Rathore v. C.B.I. New Delhi145
(Ruchika Gehrotra Case):
Ruchika Gehrotra, a 15 year old school going girl was molested in 1990 the then
Inspector General of Police and President of the Haryana Lawn Tennis
Association (HLTA). Unfortunately, no one of the newspaper captured and
highlighted the news as a consequence of which no action was taken against the
accused. The incident garnered media attention only on Dec 21, 2009 when a CBI
Court sentenced him to a meager six months.146
Thereafter, the incident was
reported on a day to day basis thereby creating a pressure on the Government to
take some action against accused, including the Prime Minister.147
On May 25,
2010 his sentence was enhanced and the Additional District and Sessions Judge
stated that the trial court had erred in giving Rathore only 6 months of
imprisonment.148
The role of media in this case cannot be overlooked because it
was only because of media intervention that the sentence of the accused was
increased. Also, the government decided to take back his medals.149
145
2002(2)CriminalCC468. 146
Former DGP Convicted for Molesting Teenager (Dec 21, 2009), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/punjab/chandigarh/former-dgp-convicted-for-molesting-teenager/article1-
488946.aspx (Last accessed on Apr 25, 2014). 147
PM Apprised of Developments in Ruchika Molestation case (Jan 1, 2010), HINDUSTAN TIMES, available
at http://www.hindustantimes.com/india-news/pm-apprised-of-developments-in-ruchika-molestation-
case/article1-492822.aspx (Last accessed on Apr 25, 2014). 148
Trial Court 'Erred' in Giving Rathore Six Months: Judge (May 26, 2010), HINDUSTAN TIMES, available
at http://www.hindustantimes.com/punjab/chandigarh/trial-court-erred-in-giving-rathore-six-months-
judge/article1-548712.aspx (Last accessed on Apr 25, 2014). 149
Rathore Set to Lose Prez Medal, Pension (Dec 26, 2009), HINDUSTAN TIMES, available at
http://www.hindustantimes.com/india-news/newdelhi/rathore-set-to-lose-prez-medal-pension/article1-
490678.aspx (Last accessed on Apr 25, 2014).
49
Name of the Case S.P.S.Rathore v. C.B.I. New Delhi (Ruchika Gehrotra’s case)
Year 1990
Offence Accused was charged under section 354 and 509 of the Indian Penal Code.
Facts Aug 12, 1990: S.P.S. Rathore, the then Inspector General of Police and
President of the Haryana Lawn Tennis Association (HLTA) molested a 15
year old girl named Ruchika Gehrotra.
Sep 1990: Ruchika was expelled from school for indiscipline following her
allegations against Rathore.
Furthermore, her family was tortured and humiliated publically. False cases
were registered against her brother.150
Unable to withstand the trauma the
girl committed suicide on Dec 28, 1993.
Aug 21, 1998: Punjab and Haryana High Court directs CBI to conduct
inquiry.
September 30, 1999: Departmental inquiry exonerates Rathore in
molestation case; he is promoted as DGP with retrospective effect from
May 20, 1999.
Dec 21, 2009: CBI court sentenced Rathore to a rigorous imprisonment of
six months.
May 3, 2010: Day-to-day hearing on three appeals commences. These
appeals include: Rathore challenging his conviction and CBI and Ruchika's
family seeking enhancement of the sentence.
The hearing finished on May 11, 2010. The court enhanced Rathore’s
sentence from six months to one and a half years on May 25, 2010.
Media Coverage The media highlighted the incident when the accused was afforded a
rigorous imprisonment of only 6 months.151
Stage of Media
Intervention
Three years ago, the case of a Ruchika Gehrotra came up after simmering
for two decades. The case flared up when a court gave the molester of the
14-year old Ruchika, a well-connected former IPS officer and IG of
Haryana SPS Rathore a light sentence of 6 months.
Time Taken for
the Final Decision It took two decades for the court to punish SPS Rathore.
Remarks The story of Ruchika Gehrotra would have been forever masked in
oblivion, had it not been for the intense media coverage in 2009. Hence, it
is clear that in order to punish influential people, it is imperative to have
media play the role of a watchdog. Thus, media intervention played a
positive role.
150
Chronology of Ruchika Gehrotra Case, INDIA TODAY (May 25, 2010), available at
http://indiatoday.intoday.in/story/Chronology+of+Ruchika+Girhotra+case/1/98852.html (Last accessed on
April 19, 2014). 151
Karan Thapar, Press and Pressure, SUNDAY SENTIMENTS (Jan 3, 2010), available at
http://itv.in/index.php?option=com_sentiments&view=detail&sid=33&Itemid=3 (Last accessed on April
19, 2014).
50
XII. Some other cases that have been highlighted by the media
i. Lingaram Kodopi v. State of Chhattisgarh:152
Soni Sori, a tribal school teacher and her nephew Lingaram Kodopi were arrested by
Chhattisgarh Police on Oct 4, 2011 on charges of transferring cash worth
US$300,000 from Essar (a corporate mining firm) to the Maoists. 153
Apparently this
money was ‘protection money’ being given to the Maoists in order to ensure that
mining operations could be carried on smoothly.
Subsequent to her arrest, she was in the police custody on Oct 8, 2011 and Oct 9,
2011 and she was brutally tortured by the police officials.154
Thereafter she wrote a
letter from the jail giving a detailed account of how she was tortured by SP Ankit
Garg. Furthermore, Supreme Court ordered an independent medical review from
NRS Medical College in Hospital and the report affirmed that she was assaulted in
the prison.155
The incident was reported widely by the media when the initial reports of the torture
broke out.156
As a consequent of those reports a nationwide human rights campaign
protesting her arrest was launched. Furthermore, Amnesty International labeled her
as a ‘prisoner of conscience’. On Feb 7, 2014 Supreme Court granted both Sori and
Lingram bail. Moreover, of the eight cases initially filed against Sori, she has been
acquitted in 7 owing to lack of evidence against her.
ii. Ashok Kumar Todi v. Kishwar Jahan (Rizwanur Rahman case):157
Rizwanur Rahman was found dead on Sept 21, 2007. His body was found lying
besides the railway track, with his hands folded over his chest and a deep wound on
the back of his head. The deceased had married Priyanka Todi, daughter of
industrialist Ashok Todi (owner of Lux Cozi). The two had gotten married under the
Special Marriage Act, 1954 and apparently, Ashok Todi was displeased with the
alliance. The case witnessed widespread media coverage and was reported on a day
152
2014(1)Crimes209(SC). 153
Soni Sori and Anr v State of Chhattisgarh, 2011(12)SCALE275. 154
India: Release Soni Sori on International Women’s Day (Mar 7, 2012), AMNESTY INTERNATIONAL,
available at http://www.amnesty.org/en/for-media/press-releases/india-release-soni-sori-international-
women-s-day-2012-03-07 (Last accessed on Apr 25, 2014). (A police official, she alleged, forced her out of
her cell, stripped her and gave her electric shocks, causing acute pain all over her body, head and spine.) 155
Soni Sori: Time Line, FABRICATED.IN, available at http://fabricated.in/node/24 (Last accessed on Apr
25, 2014). 156
News Archives, THE INDIAN EXPRESS, available at http://indianexpress.com/tag/soni-sori/page/2/ (Last
accessed on Apr 25, 2014). 157
AIR2011SC1254.
51
to day basis in most of the national dailies. The media’s role was also significant in
highlighting how the investigating agencies were trying to hush up the matter.158
This was critical in forming a strong public opinion against the role of police and
created pressure on the Government to take some action.159
On 16 Oct 2007, the
High Court ruled that the investigation carried out by the State government in the
death of Rizwanur is illegal and ordered a CBI enquiry. The Supreme Court
reaffirmed the decision of the Calcutta High Court on Mar 1, 2011. The case is still
pending. However, it is important to understand how media can play a proactive role
during the initial stages of the criminal justice system.
3.4 Analysis of the Impact of Media Intervention
From the cases enumerated above it is evident that in most of the cases media was
instrumental in ensuring that justice is delivered. Even though, media may have
intervened during different stages of the proceedings, they played a positive role. In some
cases journalists exposed the crime,160
while in some it was only after intense media
coverage that investigating agencies registered a crime.161
In some instances it was
observed that prior to media intervention; the culprits were let off the hook.162,163
In recent times, media has played a commendable role in highlighting cases of sexual
assaults against women. When these incidents are widely reported, they stir the collective
conscience of people and lead to public outrage. This mass movement is instrumental in
revolutionizing the society at large. For instance, the horrific rape and murder that took
place in Delhi last year led to a strong reaction by the public and was responsible for
amendments to the Indian Penal Code.
158
Doubts Over Suicide Claim Top Cops’ Role Under Cloud (Sep 24, 2007), THE TELEGRAPH, available at
http://www.telegraphindia.com/1070924/asp/calcutta/story_8353718.asp (Last accessed on April 24, 2014). 159
Rizwanur Case: Kolkata Top Cop to be Transferred (Oct 7, 2007), IBNLIVE, available at
http://ibnlive.in.com/news/rizwanur-case-kolkata-top-cop-to-be-transferred/50060-3.html (Last accessed on
Apr 25, 2014). 160
Supra note 142. 161
Supra note 90. 162
Supra note 69. 163
Supra note 137.
52
A large number of activists believe that public outcry and media attention play a
significant role in a speedy verdict.164
The verdict in the Bijal Joshi rape case165
was seen
as a moral victory by Bharatsinh Jhala, an RTI activist in Gujarat. According to a
response to an RTI query filed by renowned danseuse Mallika Sarabhai, an estimated
3000 cases were reported in Gujarat during 2001-2009, out of which only 10 per cent
have seen convictions, while a 50 per cent of these await trial. 80 per cent of the victims
in these cases are aged between 8 to 18 years. 166
3.5 The Impact of Media Reportage in Recent Times
In recent times it has been observed that crimes against women are widely covered by the
Indian media.167
This reportage has heightened significantly since the Delhi gang rape of
December 2012. This incident garnered significant media attention as discussed in the
preceding section and was followed by violent protests in Delhi at the India Gate, Jantar
Mantar, Ramlila Maidan, Vijay Chowk and Rashtrapati Bhawan. In all these
demonstrations the public demanded speedy justice and an amendment to the existing
rape laws.168
In a lot of ways this incident shook the public action and awakened them
from their stupor.
Asumal Thaumal Harpalani, popularly known as Asaram Bapu is a self-professed God
man and is currently in jail on charges of sexually assaulting a minor girl. Even though
the girl’s parents had accused the God man of the sexual assault on Aug 16, 2013, the
164
Sukhada Tatke, Activists Welcome Shakti Mills Rape Verdict, THE HINDU (March 20, 2014), available
at http://www.thehindu.com/news/cities/mumbai/activists-welcome-shakti-mills-rape-
verdict/article5810404.ece (Last accessed on April 19, 2014). 165
Supra note 97. 166
Amit Chaturvedi, Bijal Joshi Gang-rape Case: Relief for Family as High Court Upholds Conviction of
Accused , NDTV, (Dec 31, 2012), available at http://www.ndtv.com/article/india/bijal-joshi-gang-rape-
case-relief-for-family-as-high-court-upholds-conviction-of-accused-311592 (Last accessed on Apr 19,
2014). 167
Reetinder Kaur, Representation of Crime against Women in Print Media: A Case Study of Delhi Gang
Rape, 02 DEP. ANTHROPOL. PANJAB UNIV. 2–4 (2013), available at
http://www.omicsonline.org/representation-of-crime-against-women-in-print-media-a-case-study-of-delhi-
gang-rape-2332-0915.1000115.php?aid=21911 (Last visited Apr 22, 2014). 168
Nilanjana Bhowmick, Panel Calls for Legal and Social Changes in Wake of Delhi Gang Rape (Jan 24,
2013), TIME, available at http://world.time.com/2013/01/24/panel-calls-for-legal-and-social-changes-in-
wake-of-delhi-gang-rape/ (Last accessed on Apr 25, 2014).
53
accused evaded arrest till Sept 2, 2013.169
The FIR in this case was lodged on August 21,
2013170
and was reported in print as well as broadcast media over the next one month.171
The media has continued to follow every recent update in this incident.172
Interestingly this was not the first time that Asaram Bapu has been accused of being on
the wrong side of law. On July 5, 2008 mutilated bodies of two boys aged 10 and 11 were
found in his Ashram. However, the media reported this incident only on October 7,
2013.173
Lack of media coverage has yielded no significant results in that case.
In the sexual assault case, Asaram Bapu had filed an application in the Supreme Court of
India, seeking an order to restrain reporting of the incident by the electronic media.
However, the apex court turned down the application.174
Another incident which has witnessed significant media activism is the alleged sexual
assault of a female colleague by Tarun Tejpal, who is a founder editor of Tehelka on Nov
7, 2013 during ‘Think’ festival in Goa. The journalist reported the incident to Tehelka’s
managing editor Ms. Shoma Chaudhary on Nov 18, 2013. The managing editor of
Tehelka did not take any action against Mr. Tarun Tejpal and neither did she file an
official complaint against the accused, thereby contravening the Vishaka175
guidelines. It
was only after the official e-mail sent to the staff of Tehelka was leaked that this issue
became public.176
Due to widespread media coverage the incident came to the knowledge
of the investigating agencies, thereafter the Goa government and police took suo motu
cognizance of the incident and booked Tarun Tejpal for sexual assault under section 376
169
Rohit Parihar and Uday Mahurkar, The Politics of Sex (Aug 30, 2013), INDIA TODAY, available at
http://indiatoday.intoday.in/story/asaram-bapu-sexual-assault-politicians-protect-controversial-
godman/1/304598.html (Last accessed on April 25, 2014). 170
Raj Shekhar, Asaram Bapu Booked in Delhi for Sexual Assault on Minor (Aug 21, 2013), THE TIMES OF
INDIA, available at http://timesofindia.indiatimes.com/city/delhi/Asaram-Bapu-booked-in-Delhi-for-
sexual-assault-on-minor/articleshow/21952233.cms (Last accessed on Apr 25, 2014). 171
News Archives, THE TIMES OF INDIA, available at http://timesofindia.indiatimes.com/topic/Asaram-
Sexual-Assault (Last accessed on April 25, 2014). 172
Asaram Bapu Case: Prosecution Completes Arguments in Jodhpur District and Sessions Court (Apr 21,
2014), THE ECONOMIC TIMES, available at http://economictimes.indiatimes.com/news/politics-and-
nation/asaram-bapu-case-prosecution-completes-arguments-in-jodhpur-district-and-sessions-
court/articleshow/34048590.cms (Last accessed on April 25, 2014). 173
More trouble for Asaram: Parents Demand CBI Probe into 2008 Ashram Deaths (Oct 7, 2013), THE
INDIAN EXPRESS 174
Saint Shri Asharam Bapu v. Union of India, (2013)10SCC37. 175
Vishaka v. State of Rajasthan, AIR 1997 SC 3011. 176
Special Correspondent, Police Probe Rape Charge Against Tehelka Editor (Nov 22, 2013), available at
http://www.thehindu.com/news/national/police-probe-rape-charge-against-tehelka-
editor/article5375516.ece (Last accessed on Apr 25, 2014).
54
(2) (f) and section 376 (2) (k) of the IPC.177
Furthermore, the anticipatory bail application
of the accused was also rejected by the Sessions Judge, Goa.178
The incident grabbed the
headlines for the next fortnight and the media continues to report every update of the
case.179
During Nov, 2013, another incident of sexual assault also witnessed heightened media
coverage. This case involved a legal intern who had posted a blog describing how a
Supreme Court Judge had assaulted her previous year.180
The victim disclosed that the
retired Supreme Court judge who had assaulted her was Justice A.K. Ganguly on
November 29, 2013.181
In the wake of immense public outcry Justice A.K. Ganguly had
to step down as the Chairman of the West Bengal Human Rights Commission.182
Subsequent to this incident the Supreme Court set up a Gender Sensitization and Internal
Complaints Committee (GSICC), to deal with complaints of sexual harassment within its
precincts.183
In its first order on sexual harassment within its premises, the GSICC has
barred an advocate from court for a period of six months on ascertaining his guilt.184
177
Brinda Karat, Issues of Sexual Assault: the Tehelka case (Nov 26, 2013), THE HINDU, available at
http://www.thehindu.com/opinion/lead/issues-of-sexual-assault-the-tehelka-case/article5386951.ece (Last
accessed on April 25, 2014). 178
Mr. Tarun Tejpal v State of Goa, Anticipatory Bail Application No.573/2013. 179
Supreme Court Refuses Interim Bail to Tarun Tejpal in Rape Case (Apr 22, 2014), THE TIMES OF INDIA,
available at http://timesofindia.indiatimes.com/india/Supreme-Court-refuses-interim-bail-to-Tarun-Tejpal-
in-rape-case/articleshow/34069264.cms (Last accessed on April 25, 2014). 180
J.Venkatesan, SC Panel to Probe Sexual Harassment Charge Against Retired Judge (Nov12, 2013), THE
HINDU, available at http://www.thehindu.com/news/national/sc-panel-to-probe-sexual-harassment-charge-
against-retired-judge/article5343437.ece (Last accessed on Apr 25, 2014). 181
J. Venkatesan, Law Intern Names Justice Ganguly (Nov 29, 2013), THE HINDU, available at
http://www.thehindu.com/news/national/law-intern-names-justice-ganguly/article5404918.ece (Last
accessed on Apr 25, 2014). 182
J. Venkatesan and Shiv Sahay Singh, Ganguly Yields to Pressure, Quits (Jan 6, 2014), THE HINDU,
available at http://www.thehindu.com/news/national/ganguly-yields-to-pressure-quits/article5544913.ece
(Last accessed on Apr 25, 2014). 183
Supreme Court Sets Up Committee to Deal with Sexual Harassment Complaints (Nov 26, 2013), THE
TIMES OF INDIA, available at http://articles.economictimes.indiatimes.com/2013-11-
26/news/44487185_1_child-rights-chief-justice-internal-complaints-committee (Last accessed on Apr 25,
2014). 184
A. Vaidyanathan, Supreme Court’s First Order on Sexual Harassment Within its Premises (Apr 22,
2014), NDTV, available at http://www.ndtv.com/article/india/supreme-court-s-first-order-on-sexual-
harassment-in-its-premises-512228 (Last accessed on Apr 25, 2014).
55
3.6 Conclusion
On the basis of the aforementioned discussion it can be observed that over the past two
decades media has played a positive role in the dispensation of justice. In all these cases
justice would not have been delivered had it not been for the intense reportage by the
media. Also, in recent times media attention has been seen to create a wave of public
outrage which ensures that the authorities are held accountable. Therefore, for the world’s
largest democracy to function smoothly, it is imperative to have media as the fourth
estate.
56
4 GAPS IN THE EXISTING SYSTEM
“If Winter comes, can Spring be far behind?”185
4.1 Existing Literature Highlighting the Negative Impact of Media
I. Trial by Media Free Speech and Fair Trial under Criminal Procedure
Code, 1973 August 2006186
The subject was taken up suo moto as a consequence of extensive coverage of
select crimes. It was felt that the press was providing the public with a biased
account of events thereby violating the right of an accused to fair trial. While
right to freedom of speech and expression is guaranteed under Article 19 (1)
(a)187
of the Constitution of India, it must be kept in mind that this right is
subject to reasonable restrictions under Article 19(2)188
of the Indian
Constitution. These reasonable restrictions do not mention the administration of
justice; however, obstruction in the administration of justice is classified as
criminal contempt under Sec 2(c) of the Contempt of Courts Act, 1971.189
According to Section 3(2) of the Contempt of Courts Act, 1971, publications
shall constitute contempt only if a criminal proceeding is pending. One of the
recommendations put forth by the Commission was that the starting point of a
criminal proceeding should be from the time of arrest rather than from the time
of filing the charge sheet. The rationale put forth by the Commission behind this
suggestion was that this would prevent media from prejudging a case.
Another recommendation suggested by the Commission was to empower the
High Court to direct print as well as electronic media to postpone publication or
telecast pertaining to a criminal case and to restrain the media from resorting to
such publication or telecast. The Commission also stated that such a practice is
prevalent in the UK.
185
P.B. Shelley, Ode to the West Wind (1820). 186
Supra note 2. 187
Supra note 35. 188
Supra note 36. 189
Supra note 49.
57
Furthermore, the report opined that publications that tend to character
assassinate an accused thereby prejudging the guilt or innocence of the accused
or discrediting witnesses can be considered to be criminal contempt.
II. Sahara India Real Estate Corporation Ltd. and Ors. v. Securities and
Exchange Board of India and Anr.190
Sahara filed an application in the Supreme Court of India seeking an order
directing the print and electronic media to report the court proceedings. The
issue which arose in this case was whether postponement orders constitute
restrictions under Article 19(1) (a) of the Constitution of India191
and whether
such restrictions are valid under Article 19(2) of the Indian Constitution.192
In this case the Supreme Court stated that postponement orders are not a
punitive measure but a preventive measure that is applied to cases where there is
a real and substantial risk of prejudice to the proper administration justice or to
the fairness of trial. Excessive prejudicial publicity leading to usurpation of
functions of the Court not only interferes with administration of justice which is
sought to be protected under Article 19(2),193
it also prejudices or interferes with
a particular legal proceedings. In such case, Courts are duty bound under
inherent jurisdiction, subject to above parameters, to protect the presumption of
innocence which is now recognized by this Court as a human right under Article
21,194
subject to the applicant proving displacement of such a presumption in
appropriate proceedings. The exposition of Constitutional limitations had been
done by the Court under Article 141195
read with Article 129196
/Article 215.197
However the court refrained from framing blanket guidelines on media reporting
of case cases and it reiterated that restrictions can be sought in specific cases.
190
(2012)10SCC603. 191
Supra note 35. 192
Supra note 36. 193
Ibid.
194Supra note 61.
195 Art 141, THE CONSTITUTION OF INDIA, 1950. (The law declared by the Supreme Court shall be
binding on all courts within the territory of India.)
196 Supra note 50.
197 Supra note 51.
58
III. News Media, Victims and Crime198
This paper seeks to understand the representation of crimes and victims by the
media. It highlights the ills of sensationalization of certain crimes and
underrepresentation of others and how this disproportionate focus impacts the
criminal proceedings. It also explores how only a select type of crimes are
highlighted by the media based on it’s ‘newsworthiness’ and how this often
stifles the voice of victims.
IV. Paid News: How Corruption in the Indian Media Undermines
Democracy199
This was a draft report that was submitted to the Press Council of India in 2010,
after the paid for news scam broke out. This report criticized the Indian media
heavily for becoming more money-minded and subsequently compromising on
the journalistic code of conduct. Also, it highlighted how lack of control over the
news channels is proving to be a menace. At the end of the report changes to the
existing system are recommended in order to gain back the reputation of the
media in the eyes of the public at large.
V. Representation of Crime against Women in Print Media
A Case Study of Delhi Gang Rape200
: This paper followed newspaper reporting
subsequent to the Delhi gang rape to understand how that has affected the
representation of crimes against women in media. Based on the primary data the
researcher concluded that media sensationalizes crimes against women and there
is a lack of sensitivity amongst the fraternity while addressing the issue. It also
highlighted the use of battle metaphors subsequent to the incident and suggested
that journalist must be trained to deal with such crimes with sensitivity.
198
Chris Greer, NEWS MEDIA, VICTIMS AND CRIME (November 18, 2007), SAGE, available at
http://www.uk.sagepub.com/stout/greer_news_media - vic_crime_soc.pdf (Last visited Apr 13, 2014).
(‘describes the ideal victim as a person or category of individuals who-when hit by crime most readily are
given the complete and legitimate status of being a victim. This group includes those who are perceived as
vulnerable, defenseless, innocent and worthy of sympathy and compassion’.) 199
Shri Ajit Bhattacharjea and B G Verghese, “Paid News”: How corruption in the Indian media
undermines democracy, 12, Press Council of India (2010). 200
Supra note 167.
59
4.2 Shortfalls of the Existing System
It is an undisputed fact that in a system that favors the elite, having an unbiased media is
essential for dispensation of justice. However, over the past few years some factors have
concerned the Indian media industry. In the following sections those factors have been
examined and suggestions to rectify the same have been put forth.
The Indian newspaper industry is witnessing a period of growth owing to the following
factors:
i. improved technology that enables production at a larger scale
ii. increasing rate of literacy
iii. enhance purchasing power of citizens
iv. aggressive publishing
v. political excitement201
However, there are several hurdles impeding the development of news media. For
instance an increase in private ownership which leads to manipulation of reportage in
order to serve the owner’s financial as well as business interests. Furthermore, heightened
competition within the industry has led to price wars, aggressive marketing practices, and
customization of editorial sections so as to appease the advertisers. Also, media houses
have been known to enter into treaties with private companies thereby restricting its
freedom to remain unbiased. All these factors combined with the paid news scandal,202
that erupted during the 2009 general elections have tarnished the image of the Indian
media considerably. An indicator of this would be that in a survey conducted by Reader’s
Digest in March 2010, wherein 750 Indians were asked to rank a certain set of individuals
201
Jeffrey, Robin, Culture of Daily Newspapers in India: How it’s Grown, What it Means,
ECONOMIC AND POLITICAL WEEKLY, (April 4 1987), available at http://www.epw.in/special-
articles/indian-language-newspapers-and-why-they-grow.html (Last visited on April 13, 2014). (‘The
logic of capitalism’, Jeffrey explains, has driven newspaper expansion ‘as strongly
as a thirsty potential readership). 202
Supra note 199.
60
based on their professions, journalists were ranked 30 in a list of 40 people.203
Adding
insult to the injury is the fact that the paid news scandal has been highlighted by global
newspapers such as the Wall Street Journal (the United States of America),204
the
Guardian (the United Kingdom),205
and the Independent (Bangladesh).206
The topography of the Indian media industry began to change in 1982 with the induction
of Sameer Jain as the Vice-Chairman of Bennett Coleman Company Limited (BCCL),
the parent company of the Times of India. BCCL is one of the most profitable media
houses in the country and currently it earns more profit than the rest of the publishing
houses put together. However, the annual turnover the Star group is higher than the
BCCL.207
In 2003, BCCL began a “paid content” service called the Medianet, which in
exchange for a price sends journalists to cover various events such as product launches or
promotional events. In its defense, BCCL states that since these ‘advertorials’ do not
appear in the main newspaper such as the Times of India it does not qualify as news.
Thereafter a lot of other media houses jumped onto the bandwagon and launched a
similar feature. In their justification these media conglomerates stated that this is not
bribing and they have just found a way to dispense the intermediary or the PR agency.
In addition to these advertorials, in 2005 BCCL acquired equity shares in ten companies,
which included companies such as Videocon India and Kinetic Motors. Under the terms
of this deal, these firms received advertising space in BCCL.208
As a result of this venture
BCCL became a leading private equity investor in India. Consequently, at the end of
2007 it had investments to the tune of INR 1,500 crores in an estimated 140 companies
engaged in various sectors such as aviation, media, entertainment and retail.209
The
203
Sravanthi Challapalli, Kalam, Ratan Tata Most Trusted: Survey, BUSINESS LINE (March 3, 2010),
available at http://www.thehindubusinessline.in/bline/2010/03/03/stories/2010030351240500.htm (Last
accessed on April 14, 2014). 204
Tom Wright, India Media Buries Paid News Report, THE WALL STREET JOURNAL (June 18, 2013),
available at http://blogs.wsj.com/indiarealtime/2013/06/18/india-media-buries-paid-news-report/ (Last
accessed on April 15, 2014). 205
Maseeh Rahman, India: 'Paid news' Scandal Hits Major Newspapers, THE GUARDIAN (January 4,
2010), available at http://www.theguardian.com/media/2010/jan/04/india-paid-news-scandal (Last
accessed on April 15, 2014). 206
Supra note 199, page 12. 207
Ibid, page 13. 208
Ibid. 209
Ibid.
61
company had private treaties with 175-200 companies in July 2008, with an average deal
size of INR 15-20 crores.210
Thus, the total investment based on these numbers is
expected to be between INR 2,600-4,000 crores.
Owing to intense competition, this trend soon mushroomed within the industry and a
number of newspapers as well as television channels had similar schemes in place. For
instance, Gillette and CNN IBN ventured into an exclusive partnership, wherein the latter
ran an advertising campaign for the razor blade manufacturing company.211
Additionally, the Indian market in recent times has witnessed the arrival of multi-channel
private television. These channels operate without any regulatory framework. Out of an
estimated 600 channels that these DTH connections provide, at least a 100 are news
channels. However, these channels function in an immature or semi-mature
environment.212
Also, the twenty four hour format creates immense pressure on channel
owners, as a consequence of which the method of gathering news is compromised
severely.
Another disturbing feature is that not all crimes receive equal attention as well as space in
the news media. It has been observed that more often than not news channels as well as
print media allocate intense media coverage only to ideal victims.213
Therefore, victims
who have a questionable conduct in the past usually fail to achieve an ideal victim
status.214
As a consequence of this extreme variation in the media coverage, it can be said
that a hierarchy of victimization exists within the system. This hierarchy operates within
two ends of the spectrum, at one extreme are the ‘ideal victims’ that garner huge media
attention which thereby attracts public outrage which is significant to make a positive
210
Nikhil Pahwa, interview with S.Sivakumar, CEO Designate of Times Private Treaties (New Delhi, June
24, 2008) available at http://www.medianama.com/transcript-s-sivakumar-times-private-treaties/ (Last
accessed on April 15, 2014). 211
Archna Shukla, Lazy Stubble Campaign Wins at Cannes after Flak at Home, THE INDIAN EXPRESS
(June 22, 2010) available at http://archive.indianexpress.com/news/lazy-stubble-campaign-wins-at-cannes-
after-flak-at-home/636797/ (Last accessed on April 15, 2015). 212
Supra note 16, page 11. 213
Supra note 198. 214
Carrabine et al, CRIMINOLOGY: A SOCIOLOGICAL INTRODUCTION (2004).
62
impact on the criminal justice system.215
However, the victims at the other end of the
spectrum fail to attain any media attention and many a times are labeled as undeserving
victims, thereby remaining oblivious in the public eye.
Furthermore, newsworthiness is dependent on a number of criteria such as drama, action,
immediacy, violence, celebrities and sex.216
The first sociological analysis of news values
or these criteria was put forth by Galtung and Ruge in 1965.217
Since then many
sociologists have given their own understanding of various factors affecting
newsworthiness. Three such contributions are summarized in the following table:
215
Valier, CRIME AND PUNISHMENT IN CONTEMPORARY CULTURE (2004). (“In this sense, there exists a
hierarchy of victimization, both reflected and reinforced in media and official discourses. At one extreme,
those who acquire the status of ideal victim may attract massive levels of media attention, generate
collective mourning on a near global scale, and drive significant change to social and criminal justice
policy and practice.”). 216
Supra note 198, page 26. 217
J.Galtung and M. Ruge ‘Structuring and Selecting News’, THE MANUFACTURE OF NEWS: DEVIANCE,
SOCIAL PROBLEMS AND THE MASS MEDIA (S. Cohen and J. Young eds, 1981)
63
Galtung and Ruge (1965)218
Chibnall (1977)219
Jewkes (2004)220
Threshold (importance) - Threshold (importance)
Unexpectedness (novelty) Novelty (unexpectedness) -
Negativity(violent, harmful,
deviant, sad) - -
Unambiguity (clear and
definite)
Simplification (removing
shades of grey)
Simplification (removing
shades of grey)
- Dramatization (Action) -
Frequency (timescale, fit
within news cycle)
Immediacy (the present fit
within news cycle) -
Elite centricity (powerful or
famous nations or people)
Personalization (notable
individuals, celebrities) -
- Structured access (experts,
officials, authority) -
Composition (balance, fit with
other news) - -
Personification (individual
focus or causality)
Individual pathology
(individual causality)
Individualism (individual
focus or causality)
- Children (young people)
Continuity (sustainability) - -
- Graphic presentation Spectacle or graphic imagery
- Visible/spectacular acts -
Meaningfulness (spatial and
cultural relevance) -
Proximity (spatial and cultural
relevance)
Consonance (fit with existing
knowledge and expectations)
Conventionalism (hegemonic
ideology) Predictability (expectedness)
Titillation (expose, scandal) -
Risk (lasting danger)
- Sexual/ political connotations Sex
- Deterrence and repression
Conservative ideology or
political diversion (deterrence,
distraction from wide
problems)
218
Ibid. 219
S. Chibnall, LAW AND ORDER NEWS: AN ANALYSIS OF CRIME REPORTING IN THE BRITISH
PRESS (1977). 220
Y. Jewkes, MEDIA AND CRIME (2004).
64
From these three different theories etched in different time periods it is apparent that
these factors are dependent on the societal values. For instance, in recent times the public
has become more inquisitive about the private lives of celebrities, as a consequence of
which anything that caters to this curiosity becomes newsworthy. Moreover, sexual
crimes are also widely reported across media forms because of the changing moral fabric
of the society.221
With the arrival of 24x7 news channels another key element is added to
the traditional determining factors, namely the visual as well as lexical-verbal potential of
events. All forms of media, be it print or broadcast are concerned with the visual outcome
of the news event222
Factors such as visual appeal or titillation lead to underrepresentation or
misrepresentation of serious crimes. An example of misrepresentation would be the
frequent news reports on terrorism which recklessly combine the terms Islam, Islamic
fundamentalists and terrorists in the same sentence thereby creating a prejudice within the
society against a certain section of the masses. Secondly, media in order to gain TRPs
cast aspersions on the character of a victim.223
All these factors defeat the sole purpose of
having a media in place.
221
M.Presdee, CULTURAL CRIMINOLOGY AND THE CARNIVAL OF CRIME, (2000). (With the breaking
down of many sexual taboos in recent decades, sex and violence are presented more frequently and
graphically across all media forms). 222
Steve Chermak, VICTIMS IN THE NEWS: CRIME AND THE AMERICAN NEWS MEDIA (1995). (Steve
Chermak begins his book in the following words: As the surviving family members begin to struggle with
the realities of murder, they are asked by the news media to make a public obituary to the deceased victim.
Journalists hope the family members can articulate their pain, suffering, and confusion in a newsworthy
fashion so others can attach some meaning to the family’s loss. The newsworthiness of this crime increases
significantly if members of the family weep on camera, provide a descriptive photograph, or express their
pain dramatically in words.) 223
Aarushi and Hemraj were in Objectionable Position: CBI, TIMES OF INDIA (April 23, 2013), available
at http://timesofindia.indiatimes.com/city/delhi/Aarushi-and-Hemraj-were-in-objectionable-position-
CBI/articleshow/19698674.cms (Last accessed on April 17, 2014).
65
4.3 Suggestions to Fill the Lacuna within the System
The Media houses should be mandated to disclose details of their equity shares. As
pointed out in the foregoing section, media houses are entering into private treaties with
publically listed companies or with companies that are coming out with an Initial Public
Offering (IPO), in lieu of which these companies are provided with extensive media
coverage. The SEBI, which has been set up under the Securities and Exchange Board of
India Act, 1992 is of the opinion that this is against the basic tenets of objective and
unbiased journalism.224
In order to enable investors, specifically small scale investors to
make a well informed decision, SEBI suggested the following points:225
i. Disclosures regarding the stake held by the media company may be made
mandatory in the news report/article/editorial in newspapers/television channels
relating to the company in which the media group holds such a stake.
ii. Disclosure on percentage of stake held by media groups in various companies
under such “private treaties” on the website of media groups may be made
mandatory.
iii. Any such disclosures relating to such agreements such as any nominee of the
media group on the board of directors of the company, any management control
or other details which may be required to be disclosed and which may be a
potential conflict of interest for the media group, may also be made mandatory.
Upon receiving these suggestions, the Press Council of India referred to the guidelines
that had been framed for financial journalists in 1996.226
Thereafter, the Press Council of
224
Supra note , page 14. (On July 15, 2009, Shri S. Ramann, Officer on Special Duty, Integrated
Surveillance Department of the Securities and Exchange Board of India (SEBI) wrote to the Chairman,
Press Council of India, Justice G.N. Ray observing that many media companies were entering into
agreements called “private treaties” with companies whose equity shares are listed on stock exchanges or
companies that were coming out with a public offer of their shares. The media companies were picking up
stakes in such companies and in return, were proving coverage through advertisements, news reports and
editorials. The SEBI, which has been set up under the Securities and Exchange Board of India Act, 1992,
and is mandated to protect the interests of investors, felt that such promotional and brand building strategies
in exchange for shares, “may give rise to conflict of interest and may, therefore, result in dilution of the
independence of (the) press vis-à-vis the nature and content of the news/editorials relating to such
companies.”) 225
Ibid, page 15. 226
Ibid.
66
India also agreed that the suggestions made by SEBI should be incorporated and relevant
guidelines should be made mandatory for financial journalists as well as owners of these
media conglomerates. Thus, making these disclosures necessary would be a step forward
in this direction.
67
5 SUGGESTIONS AND CONCLUSION
True, This! —
Beneath the rule of men entirely great
The pen is mightier than the sword. Behold
The arch-enchanters wand! — itself is nothing! —
But taking sorcery from the master-hand
To paralyse the Caesars, and to strike
The loud earth breathless! — Take away the sword —
States can be saved without it!227
5.1 Introduction
On the basis of the preceding chapters, it is clear that media can be used as a tool to
ensure dispensation of justice. With the massive growth of the Indian media industry, the
power to make an impact on the lives of the masses has increased manifold. Furthermore,
it is amply clear that media can perform its role of a watchdog in the society only if its
freedom of speech and expression remains unfettered. Therefore, it is imperative that
media houses adhere to ethical journalism and State should have no control over the
media.
5.2 Self Regulation - Essential for Fair and Objective Journalism
In order to provide the masses with an objective and unbiased opinion, it is imperative for
media houses and its associated journalists to abstain from indulging in any corrupt or
dishonest practices. This should be pre-requisite for anyone willing to take up this
profession. A way to ensure this is to indulge in self-regulation. A media house which
provides its employees with a code of conduct is Mint.228
According to the terms and
conditions of the code of conduct, the newspaper refuses to pay money to newsmakers
227
Edward Bulwer Lytton, Richelieu; Or the Conspiracy, Act II, Scene II (Cardinal to Frangois). 228
Live Mint, MINT CODE OF JOURNALISTIC CONDUCT (2011), available at
http://www.htmedia.in/HTMLCorpImages/HTMediaCorpSite/pdf/corporateGovernance/mint-code-of-
conduct.pdf (Last accessed on April 17, 2014).
68
for interviews, photographs or filming a video. It further directs its employees to treat
each story based on its editorial merits, regardless of whether the company advertises
with them or not. The newspaper also has distinct divisions between its editorial staffers
and employees in the business division, which ensures that these two divisions remain
separate and that there is no conflict of interest. Most importantly, this code of conduct
further states that if any journalist feels pressurized to violate the code of conduct or to
compromise on editorial material, from an external source or from the firm’s business
department, then he/she must report to the Managing Editor or to the Deputy Managing
Editor immediately. In conclusion, it must be stated that if other media conglomerates
have a similar code of conduct in place then it would reduce conflict of interest
considerably.
5.3 Independent Regulatory Authority to Regulate Media
Lack of a regulatory body governing the content of broadcast media has come under
severe criticism, especially after the paid for news scam. Even though, the News
Broadcasters Association, which comprises 28 news and current affairs broadcasters, that
consists of 57 news and current affairs channels was set up as a body to self regulate,
however its lack of action in the paid for news scam has garnered a lot of unfavorable
sentiment within the society. Thereafter, a proposal to amend Section 15(4) of the Press
Council Act, 1978 was put forth to make directions of the Council binding on
Government Authorities. Furthermore, the Press Council of India is seeking to extend its
power to broadcast medium as well. Due to an absence of an alternative body, the Press
Council of India should be vested with the power to receive complaints and grievances
against the broadcast medium. Also, the Press Council of India should be given
penalizing powers.
Taking a cue from foreign jurisdictions, India should take into consideration the 128th
law
commission report of New Zealand,229
which recommends the establishment of a “News
Media Standards Authority” (NMSA) to provide a one-stop shop for adjudicating
229
128th
Report of the Law Commission of New Zealand, The News Media ‘New Media’, 2013.
69
complaints against all news media. Even though the membership would be voluntary it
would bring significant benefits. 230
Membership of the NMSA would be entirely voluntary but the following advantages
would be available to those publishers who were willing to be subject to the
accountability of this independent standards body:
Legal exemptions and privileges: only those publishers who belong to the
standards body would be eligible for the legal privileges and exemptions currently
available to the news media;
Complaints resolution and mediation: the standards body would provide members
with a quick and effective mechanism for dealing with complaints which might
otherwise end up in costly court action, this could be of particular benefit in
defamation and privacy cases;
Public funding: a consequence of the recommendations is that only publishers
(new and mainstream) who belong to the standards body would be eligible for
public funding for the production of news and current affairs and other factual
programming;
Brand advantage: membership of the standards body would provide a form of
quality assurance and reputational advantage.
Membership would become the benchmark used to determine who is to access
other non-legal media privileges such as entry to the Parliamentary Press Gallery,
admission to press conferences or access to embargoed releases.231
230
Ibid. 231
Ibid.
70
5.4 Conclusion
The hypothesis with which this thesis was started was: Media plays a positive role in the
dispensation of justice.
In recent times media has been at the receiving end of severe criticism and its role in the
society has been questioned. However, media activism has also been crucial to ensure
justice in a lot of cases. Media’s role in the society as a fourth pillar of democracy has
been discussed at length in Chapter 2. Furthermore, the change in the role of media with
the advent of technology is explained with a description on how news is expected to
become more participatory in future. At present media pervades all spheres of our life
through its numerous vehicles of communication and therefore it has the potential to
bring about positive changes in the society. In conclusion it can be stated that media has
the power to affect the thinking process of the society and it can be used as an effective
tool to stir the masses in a positive direction.
Chapter 3 provides an overview of the current laws governing the Indian Media Industry.
Thereafter a study of criminal cases that witnessed media intervention has been
undertaken. Media coverage of these selected criminal cases has been carried out based
on the reportage they received in print as well as broadcast media. Through this study, it
was observed that over the past two decades media’s intervention has been instrumental
in obtaining convictions of certain high profile culprits.232,233
Additionally, media has
also highlighted cases that the police refused to register.234
The fact that media has the potential to bring about a positive change cannot be negated,
however there have been a few concerns facing the industry in recent times. A brief
description of existing literature highlighting the negative aspects of media is put forth at
the beginning of Chapter 4. Thereafter, some other gaps impeding the growth of the
media industry have been discussed and plausible solutions to the same have been
suggested.
232
Supra note 70. 233
Supra note 137. 234
Supra note 90.
71
In conclusion it can be stated that through this study and more specifically through an
analysis of the criminal cases that witnessed media intervention it can be surmised that
media has a positive impact on dispensation of justice.
