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ISSUES REALTED TO FUNDAMENTAL RIGHTS -ART 19 (FREEDOM OF PRESS (IN INDIA…
ISSUES REALTED TO FUNDAMENTAL RIGHTS -ART 19
RIGHT TO EQUALITY:
ACC. TO DWORKIN : EQUALITY IS SOVERIGN VIRTUE
INDIA TAKES SUBSTANTIVE VIEW OF JUSTICE: EQUALITY + SOCIAL JUSTICE
AMBEDKAR: DEMOCRACY WITH POLITICAL RIGHTS BUT W/O SOCIAL AND ECONOMIC RIGHTS IS MYTH
IN INDIA CONS. INCORPORATES DIFFERENTIATED CITIZENSHIP ALONG WITH UNIVERSAL CITIZENSHIP
AS ARTICLE 14 INCORPORATE EQUALITY BEFORE LAW AND EQUAL PROTECTION OF LAW
IT ENABLES STATE TO GO FOR POSITIVE DISCRIMINATION RATHER THAN IMITATING THE WEST
RIGHT TO FREEDOM
ACC. TO JS MILL: RIGHT TO FREEDOM IS THE MOST IMPORTANT RIGHT IN A DEMOCRACY
ACC. TO VOLATAIRE: I MAY DISAPPROVE WHAT YOU SAY BUT I WILL DEFEND TO DEATH YOUR RIGHT TO SAY
ACC. TO NAOM CHOMSKY: I MUST TOLERATE THE VIEWS WITH WHICH I TOTALLY DISAGREE
STATUS IN INDIA
ACC. O SALMAN RUSDIE: INDIA IS PASSING THROUGH A CULTURAL EMERGENCY
THERE HAS BEEN ASSAULT ON FREEDOM OF SPEECH OF EXPRESSION ON WRITERS, ARTISTS ETC
AND APPEASMENT OF ORTHODOX SECTION
CHALLENGES TO FREEDOM OF SPEECH AND EXPRESSION
SEDITION
DEFAMATION
CONTEMPT OF COURT
PREVALENCE OF HATE SPEECH
PRIVILEGES OF PARLIAMENTARIANS
SEDITION:
THERE WAS DEBATE IN CONS ASSEMBLY WHERE TO INCLUDE SEDITION IN ART 19(2)(REASONABLE RESTRICTION)
SEDITION LAWS HAVE BEEN MISUSED BY THE COLONIAL STATE AGAINST LEADERS LIKE TILAK AND GANDHI
HENCE CONS. ASSEMBLY DIDN'T INCLUDE IT AS A GROUND EVEN AFTER ART 19 GOT AMENDED SO MANY TIMES
GANDHI HELD SEC 124A IS PRINCE AMONG THE BOWS WHICH AIMS TO SUPPRESS LIBERTY
NEHRU HELD SEC 124A IS OBNOXIOUS AND SOONER WE GET RID OF IT BETTER IT IS
HOWEVER SEC 124A(SEDITION) OF IPC REMAINS IN FORCE
SEC 124A WAS INTRODUCE TO CURB WAHABI MOVT. AND PRESS (POLITICAL DISSENT)
BUT TODAY USED AGAINST WRITERS LIKE ARUNDHATI ROY, CARTOONIST LIKE ASIM TRIVEDI
JUDICIARY ON SEDITION
RAM NAMDAN CASE 1958:
ALLAHBAD HIGH CORT DECLARED IT UNCONSTITUTIONAL
SC IN KEDARNATH V/S VS UOI CASE
CHANGED THE HC JUDGEMENT: IT IS NOT UNCONS. BUT SHOULD BE INTERPRETED NARROWLY
SC IN BALWANT SINGH CASE
EVEN RAISING SLOGAN AGAINST THE NATION AND ADVOCATING VIOLENCE UNTIL IT LEAD TO REAL INCITEMENT OF VIOLENCE DOESN'T AMOUNT TO SEDITION
DEFAMATION:
SEC 499 & 500 OF IPC DEALS WITH DEFAMATION
DEFAMATION IS ALSO A GROUND MENTIONED IN REASONABLE RESTRICTION U/A19(2)
CONTEMPT OF COURT
ALSO A PROVISION U/A19(2)
GIVEN SO THAT JUDICIARY CAN WORK W/O OBSTRUCTION
ALSO ART 129 SC AND ART 215 HC GIVES POWER TO COURT PUNISH FOR CONTEMPT OF COURT
IN 1971 PARLIAMENT PASSED CONTEMPT OF COURT ACT TO DEFINE BOUNDARIES
IT DEFINES CIVIL CONTEMPT: WILLFUL DISOBEDIENCE TO COURTS ORDER OR JUDGEMENT-
CRIMINAL CONTEMPT : WHICH LOWERS PRESTIGE OF COURT OR OBSTRUCT WORKING OF COURT
WHAT IS THE PROBLEM:
COC HAS BEEN USED SEVERAL TIMES TO GUARD AGAINST CRITICISM OF JUDGES
PRIMARILY USED AGAINST JOURNALIST
WHAT HAS BEEN DONE
COC ACT AMENDED IN 2006
TRUTH IN SPEECH CAN BE A DEFENSE
IT IS TO BE USED ONLY WHEN COURT IS SATISFIED THAT ACTION SUBSTANTIALLY INTERFERES IN DUE COURSE OF JUSTICE
SC GAVE GUIDELINES IN MULGONKAR CASE
TO BE USED WHEN JUSTICE IS JEOPARDISE BY INTERFERENCE
NOT TO BE USED FOR PROTECTION OF ERRING JUDGES
HARMONISE CONTEMPT OF COURT WITH CONSTITUTIONAL VALUES
OPINION ON EXPERTS:
PRIVY COUNCIL OF BRITAIN: ACT OF JUSTICE CAN'T BE CLOISTERED VIRTUE: (SANCTRUM) SO THERE IS NO WRONG IN CRITICIZING JUDICIARY
JUSTICE KRISHNA IYER: POISE , PEACE, AND INNER HARMONY ARE QUINT ESSENTAIL TO JUDICAL TEMPLE: THAT EVEN HUMILATION SHOULD NOT DESTROY THE BALANCED CALCULATION OF JUDICIAL MIND
HATE SPEECH
PROBLEM: NOT DEFINED
SC DIRECTED LAW COMMISSION TO DEFINE HATE SPEECH AND PRESCRIBE LAW FOR THE SAME
SO LAW COMMISSION IN 267TH REPORT RECOMMEDED TO ADD SEC 153C IN IPC
THAT DEFINED HATE SPEECH AS ANY WORDS WRITTEN OR SPOKEN , VISIBLE REPRESENTATION WITH INTENTION TO CAUSE FEAR OR ALARM OR INCITEMENT TO OFFENCE TO BE TREATED AS HATE CRIME
PARLIAMENTARY PRIVILEGES
PROBLEM
PARLIAMENT HASN.T CODIFIED THESE PRIVILAGES
BUT PUNISHES FOR BREACH OF PRIVILAGES AND CONTEMPT OF PARLIAMENT
PP. USED TO CURB FREEDOM OF PRESS . THERESE PP COMES ON CONFLICT WITH FREEDOM OF SPPECH AND EXP(FOSE)
ART 105 IN CASE OF PARLAIMENT AND ART 144 IN CASE OF STATE LEGISLATURE
FREEDOM OF PRESS
NOT EXPLICIT LIKE US CONS.
HOWEVER HLED BY SC IN BRIJ BHISAN CASE THAT FREEDOM OF PRESS IS A IMPLIED RIGHT UNDER ART 19
IN INDIA MAIN STEAM MEDIA HAS BEEN ACCUSED OF BECOMING ECO CHAMBER OF ELITES
PAID NEWS
LOSS OF EDITORIAL FREEDOM
TRAI REPORT AND LIVENSON REPORT HIGHLIGHT:
NEXUS B/W POLITICIAN, MEDIA HOUSES NAD CORPORATES
USE OF SEDITION/
SELF PREPETUTING MEDIA
ACC. TO PM MMS MEDIA IN INDIA SHOULD GO FOR SELF REGULATION
ACC. TO THOMAS JEFFERSON:
I WILL PREFER FREE PRESS W/O GOVT. RATHER THAN GOVT. W/O FREE PRESS
ACC. TO NEHRU
I WILL SUPPORT FREE PRESS WITH ALL DANGERS INVOLVED IN MISUSE OF FREEDOM RATHER THAN SUPREESED PRESS