silenced... all means of The press [is] the only tocsin of a nation. [When it] is completely silenced... a general effort [are] taken away ." --Thomas Jefferson Introduction
The freedom of speech and expression has been characterised as “the very life of civil libert liberty” y” in the Consti Constitue tuent nt Assemb ssembly ly Debat Debates es.. The The freedo freedom m of the press press !hile !hile not reconised as a separate freedom under #undamental $ihts is folded into the freedom of speech and expression. The %upreme Court has described this freedom as the “ar& of the covenant of democracy”. The freedom of the press serves the larer purpose of the riht of the people to be informed of a broad spectrum of facts vie!s and opinions. 't is the medium throuh !hich people ain ain acces accesss to ne! inform informati ation on and ideas ideas an essent essential ial compon component ent of a functi functioni onin n democracy. democracy. Thus “the survival and flo!erin of 'ndian democracy o!es a reat deal to the freedom and viour of our press.” The media is vital in the role it plays in uncoverin the truth and rousin public opinion especially in the face of !rondoin and corruption. (umerous examples exist !here the media has played a central role in revealin corrupt practices and shapin shapin the demand for accountability accountability and ood overnance. overnance. The History Of Media Arthashastra’. The )uslim rulers The history of media in 'ndia dates bac& to Kautilya’s ‘ Arthashastra’. brouht into effect a system by appointin appointin a *+a,aya *+a,aya (avis (avis events reporter/ in every *%uba capital.#or the common people ne!s !as circulated by proclamations and throuh !ord of mouth. 't !as in the 01th century that Christian missionaries first brouht the printin press to 'ndia. 'ndia. 'ndias first ne!spaper ne!spaper and the first printed printed !ee&ly appeared appeared on 23th 4anuary 0567 . James Augustus Hicky brouht out the first issue of the Bengal Gazette’ Gazette’ or *Calcutta General Advertiser’ . 't constituted of ten paes only. The paper !as opposed to the 8ast 'ndia Company. 't stronly upheld the liberty of the press. The second ne!spaper of 'ndia !as the Indian Gazette established in (ovember 0567. 9radually in #ebruary 056: !ere published the Calcutta Gazette and Oriental Advertiser . 'n 056; came the Bengal ournal and the !riental "agazine and the Calcutta Amusement !hich !as the first monthly publication.2: 'n 0561 came the Calcutta chronicle in 056; $ichard Johnsten started the "adras Courier .
u&i Ashburner bean the om!ay Courier and in 0530 appeared the Bom$ay Gazette. After 0537 there erupted lot of ne!s papers and 053: sa! the * Asiatic Asiatic Mirror’ Mirror’ the ‘Indian World’ *The *The Calcutta Courier’ and the * Bengal Bengal Harkaru’ in 053; and the *Telegraph *Telegraph and the *Oriental *Oriental tar’ in 0536. 'n 0563 9overnor 9eneral +ellesley came to 'ndia and !as anry by an article in the * Asiatic "irror% . Therefore he issued notorious reulations in 0537 for the control of the press in 'ndia.
't contained several elements such as?0/ 8very printer of a (e!spaper to print his name at the bottom of the paper. 2/ 8very editor and proprietor of a ne!s paper to deliver his name and place of abode to the %ecretary to the overnment. =/ (o paper to be published on %unday.
:/ (o paper to be published at all until it shall have been previously inspected by the secretary to the overnment. The Bengal Gazette of "#"$ !as a landmar& as for the first time a paper !as brouht out by an 'ndian. The 'ndian !as 9anadhar ord +arren @astins in 0606 the Department of Censor of (e!spapers !as abolished by him. @e instead laid do!n certain restrictions on editors such as ne!spapers !ere not allo!ed to publish matters relatin to?0/ 9overnment of 'ndia or offensive remar&s leveled aainst the public conduct of the members of the council of Judes of the %upreme Court or the >ord ater $a4a $am )ohan $oy started the first 'ndian lanuae ne!spaper in ord +illiam Charles )etcalfe alon !ith )acaulay played an important role in the freedom of the press. >ater he introduced the Act > of 06=; !hich repealed many earlier Acts imposin restrictions. >ord Cannins Act of 06;5 reintroduced licensin !hich applied to all &inds of publications. This ave the overnment discretionary po!er to rant and revo&e licenses. This !as rihtly called the *9ain Act. The 'ndian enal Code came in 0617. 't laid do!n offenses li&e obscenity and defamation !hich the !riters and editors are liable to commit. >ater throuh amendments other offences !ere also added.After 06;5 some of the !ell &no!n 8nlish periodicals !ere 9.A. (atesans * Indian !evie"’# %achidanand %inhas * Hindustan !evie"’ $amanand Chatter4ees * Moder !evie"’ and Te4 ala >a4pat $ais * *eople’# (atra4ans ‘Indian ocial !e+or&er’ and ater $euters in the year 0303 ac,uired both A' and (<.%. %adanand set up the
0ree *ress o+ India #'/ in the 03=7s !hich later ot shut do!n and from it emered the 1nited *ress o+ India E'/ in 03==. $euters introduced tele-printer in 03=5 !hich brouht do!n the subscription rates and made ne!s available to small ne!spapers also. After independence the 'ndian interest of $euters !as bouht over by the 'ndian G 8astern (e!spaper society. This formed the *ress Trust o+ India T'/. T' entered into an areement in 03:3 for purchase of $euters ne!s and sale of 'ndian ne!s to the ater in 03;3 it made arranements !ith Aence #rance resse A#/ and the Enited ress 'nternational E'/. >ater E' !as shut do!n in 03;6 and T' !as the only bi ne!s aency in 'ndia.=2 The press suffered a lot under the 9ain Act. The act provided?0/ The &eepers of printin presses shall ma&e a declaration before a maistrate. 2/ The printer and the publisher shall ma&e a declaration !ith a precise description of the premises !here the printin of the publication is conducted. =/ The printer shall deliver free of expense to the overnment t!o copies of each issue of the ne!spaper. The press and reistration of the ater the Apex Court considered this fundamental riht of freedom of press as part of the basic structure of the Constitution . Thouh this freedom forms part of the basic structure it is not absolute in its nature. As observed in !o&esh Thapper this freedom
of speech and press does not confer an absolute riht to spea& or publish !ithout responsibility !hatever one may choose or an unrestricted or unbridled licence that ives immunity for every possible use of lanuae and prevents punishments for those !ho abuse this freedom. 'n 03;7 the Constitution !as amended by the #irst amendment and Article 032/ !as inserted to ive po!er to the overnment to put reasonable restrictions on the freedom of press on the lines of security of 'ndia friendly relations !ith forein states public order decency or morality contempt of court defamation incitement to an offence and sovereinty and interity of 'ndia. As the press freedom re! the ress Council of 'ndia !as established in 031; to reulate the press.
@istory Ff ress The 'ndian ress has a lon history riht from the times of
8nlish 4ournal “Cross $oad” printed and published in
%edition %ection 02:A of the 'ndian enal Code deals !ith the offence of sedition. 't lays do!n that” +hoever by !ords either spo&en or !ritten or by sins or by visible representation or other!ise brins or attempts to brin into hatred or contempt or excites or attempts to excite disaffection to!ards the 9overnment established by la! in 'ndia shall be punished !ith imprisonment for life to !hich fine may be added or !ith imprisonment !hich may extend to three years to !hich fine may be added or !ith fine”.
Despite of these difficulties the press has achieved a lot of success in the recent past. 'n Jessica >als case )anu %harma son of a @aryana minister &illed Jessica on April 23 0333 because she refused to serve him li,uor in the restaurant !here she !as !or&in. The case !as closed and all the accused !ere freed due to lac& of evidences but finally the case !as reopened after media and public outcry !hich led to %harmas conviction. 'n riyadarshini )attoos Case %antosh umar son of an '% officer raped and &illed his colleaue riyadarshini )attoo a la! student in 0331 after she refused his proposal. Ailin and aed father of riyadarshini ot 4udment in Fctober 2771 after a lon run trial. The Delhi @ih Court rebu&ed lo!er courts and authority under investiation for ac,uittal of accused. The media played a sinificant role in this case as !ell.%imilaryin (itish ataras case the media played an important role. 'n Aarushi Tal!ars murder case media played an important part by hihlihtin the loopholes in the case o!in to !hich the police !as forced to ta&e some action. Aarushis father is the prime suspect in this case.$ecently in $uchi&as Case $uchi&a 9irhotra a 0:-year-old tennis player !as molested by then @aryana police '9 %..%. $athore in anch&ula in 0337.Three years later $uchi&a &illed herself !hich her friend and case !itness Aradhana attributes to the harassment of $uchi&a and her family by those in po!er. (ineteen years later $athore !al&s a!ay !ith six months of riorous imprisonment and a 0777-rupee fine reportedly due to his old ae and the “proloned trial”. This led to public outrae G media played a
sinificant role in it. >ater on the 9overnment of 'ndia as&ed the Central o& %a&ha acceptin cash for as&in ,uestion in the >o& %abha. >ater on an 'nvestiation Committee !as set up headed by %enior Conress ) a!an umar o& %abha.
'ress needs to !e (es)onsi!le Thouh the press has played sinificant roles for public !elfare but at times it act irresponsibly. #or instance the electronic media hyped the Abhi-Ash !eddin in such a !ay that other important ne!s !ere nelected. 'n rof. %abhar!als case !hen rof. %abhar!al !as &illed by Aater on he apoloiBed to the Enion @ome minister for his act. This !as one of the most condemnable act !hich sho!ed the uly side of the press. Conclusion 'n !ords of the #ather of the (ation )ahatma 9andhi "The role of 4ournalism should be service. The ress is a reat po!er but 4ust as an unchained torrent of !ater submeres the !hole countryside and devastates crops even so an uncontrolled pen serves but to destroy." There are three pillars of a democracy viB. the leislative the executive G the 4udiciary. The press acts as the fourth pillar of a democracy. The press has played many sinificant roles in deliverin 4ustice public !elfare etc.
The (ational Commission to $evie! the +or&in of the Constitution (C$+C/ has in its final report submitted to the 9overnment recommended that Article 030/a/ !hich deals !ith “freedom of speech G expression” must expressly include the freedom of the press and other media the freedom to hold opinion and to see& receive and impart information and ideas.
't has been sixty years since 'ndia became $epublic G commencement of the Constitution there is been a lot of ups G do!n in our democracy G the press also has come across ae. As bein a sub4ect of the larest democracy of the !orld !e should remember the !ords of our former rime )inister $a4iv 9andhi “#reedom of ress is an Article of #aith !ith us sanctified by our Constitution validated by four decades of freedom and indispensable to our future as a (ation.” Thus !e can conclude that the time has come for the press of larest democracy of the !orld to !or& !ith hand-in-hand !ith 4udiciary for the !elfare of its sub4ects. The day is not far a!ay !hen there !ill be no eclipse of in4ustice G the sun of 4ustice !ill shine brihtly forever.
