Skip to main content

A significant event that has revitalized fundamental right of freedom of expression for journalists

By Vikas Meshram* 

The recent remark made by the Supreme Court -- that cases can’t be lodged against journalists for criticising Government -- is a significant event that has revitalized the fundamental rights of freedom of expression for journalists. The core of journalism in a democracy is to examine the policies, plans, and governance of the government and present the truth to the public. For this purpose, it is necessary for journalists to have the right to criticize fearlessly. 
However, in recent years, journalists in various states, particularly those who have criticized the decisions or policies of the ruling political parties, have often faced political persecution. In this context, the Supreme Court's stance has emerged as a ray of hope. It has reflected the true essence of democracy by asserting that journalists have the right to criticize the policies and decisions of the government. The Supreme Court has shown the mirror to those in power.
This statement has provided relief to journalists who have faced repression for raising their voices against various political parties in power. In many states, journalists have been arrested, assaulted, and subjected to serious charges, and there are occasional reports of journalists falling prey to suspicious circumstances. The recent Supreme Court comment offers hope to those fearless journalists who have fallen victim to political persecution. The coming days will reveal how much the government changes its policies in light of the court’s remarks. 
In fact, this comment was made during the hearing of a case filed against a journalist in Uttar Pradesh. In this way, the Supreme Court has shown a mirror to those in power who do not tolerate criticism and become aggressive against the media. After independence, even prominent politicians of the country used to take media criticism of any policy or decision in stride. 
Opposition MPs in Parliament would generally demand open discussions, holding up copies of newspapers. It is in this context that the Supreme Court, during its recent comment, reminded us of the relevant article in the Constitution concerning freedom of expression. In this way, the court has empowered journalists who raise their voices against the oppressive actions of the government.
It is ironic that the rulers in many states have shown disdain for criticism, cartoons, and comments on social media. Filing cases, arresting people, and imprisoning them have also come to light. The tolerance for criticism, which is an essential requirement for a prosperous democratic tradition, seems to be missing in today’s politicians. It has been observed in recent times that after any criticism, politicians become aggressive. 
In some cases, journalists are charged under the sections of law used against anti-national elements. Cases have even been filed under the Unlawful Activities Prevention Act, crossing all boundaries. In such cases, it becomes difficult for journalists to obtain bail. Clearly, such actions are taken out of prejudice. In recent years, the Supreme Court has made it clear in broad terms that criticizing the government cannot be considered sedition. 
Yet, authoritarian rulers are not deterred by such rulings. This tendency has persisted for centuries – governments consider those who expose what they want to keep hidden from the public as their enemies. Then, through any means necessary, they attempt to silence those voices. Gradually, governments have started adopting a zero-tolerance policy toward criticism. In fact, people in power are always afraid of being exposed.
Criticizing or questioning various government schemes or policies is the ethical responsibility of the media
The tradition of accepting criticism is present in cultured societies and vigilant democracies around the world. In this way, the healthy democratic traditions, social development, and progress of a country are assessed. It is good that the judiciary continues to strengthen the freedom of expression from time to time. However, we must remember that even after seven decades of independence, we have not been able to make the common people of the country aware of their right to unbiased information.
As a result, they are not seen standing up to defend fearless journalists when they try to expose the truth. They don’t care that those in power are trying to hide certain truths related to their interests. Politicians always want to spread whatever fame they desire but hide the truth. This Supreme Court comment is sending a positive message to society that criticizing the government’s performance is not a crime but a part of democracy.
The role of the media is not just to be a source of information in a democracy, but to protect people’s rights as well. If journalists attempt to seek the truth and criticize the government's wrong policies, they must be protected. If those in power put pressure on the media, the public’s trust is diminished, and the overall freedom of thought in society is threatened. 
Criticizing or questioning various government schemes or policies is the ethical responsibility of the media. If the media abandons this responsibility, there is a possibility that the fourth pillar of democracy may collapse. Therefore, it is essential for journalists to move forward with courage in their work, and the government must also accept the responsibility of providing adequate assistance and protection to them. Media freedom is crucial for democracy, and it requires all systems to come together to preserve it.
In this entire context, the comment made by the Supreme Court is extremely welcome. This comment is, in a way, a protective shield for the media, allowing journalists to perform their duties fearlessly. The court has shown those in power the errors in their ways and emphasized the importance of journalists' rights. This decision has provided a new direction to the fight against the injustice faced by journalists, and the path to securing their fundamental rights is now clear. There is no doubt that a vigilant and fearless journalist, by playing the role of a strong opposition, shows the way to those in power.
---
*Social activist

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.