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Introduction
The unique position of the Indian women in our Society and the
cultural heritage of India has been admitted and acknowledged by
all. It is not disputed that the dignity of women has to be
preserved and protected. Women personhood, including motherhood,
wifehood and childhood under the law has been acknowledged to be
imperative....In
the Indian polity, all efforts have been made for liberation of
women and guarantee to them of their dignity and personality.[1]
Mass Media and women have a very close nexus. And this nexus is
not limited to India but is an issue concerning the whole world.
In this article, I would discuss the various legal checks and
bounds governing the media qua the delicate relation of women and
media.
Constitution of India vis-a-vis Women Representation
The most significant day in the history of Media Regulations
vis-a-vis women was the 26th of January 1950? the day on which the
Constitution was brought into force. The Constitution of India
recognizing the need to protect the interest of women contain
provisions which not only act as protector but also ameliorate
women's condition in all spheres of life and accordingly the
legislature has enacted several laws, launched various welfare
programmes etc.[2]
Article 19: Right to freedom
Article 19[3], inter alia, guarantees all citizens the freedom of
speech and expression. Though Article 19(1) (a) does not
explicitly deals with the freedom of the Press and Media, however
the judicial decisions state that the freedom of speech and
expression include the freedom of the press and circulation
also.[4] Further, these rights are not absolute and are subjected
to reasonable restrictions as enshrined under clause (2).[5]
Decency.
one of the restrictions mentioned under Article 19(2), has been
included for restricting speeches and publications which tend to
undermine public morals[6] and to ensure that the action must be
in conformity with the current standards of behavior. At no time,
obscenity has ever been accepted as an act, which does not go
against the interest of decency or morality.
In
Ranjit D. Udeshi v. State of Mahrashtra
[7], the issue of obscenity and the conflict with freedom of
speech and expression has been discussed at length and the court
was of the opinion that obscenity is offensive to modesty or
decency, and decency and morality are reasonable grounds for
restricting the right to freedom of speech and expression of the
people as per Article 19(2) of Constitution of India. Country
today may not have the same catholic sense of morality and
decency, which it had in fifties or sixties, but abhorrence to
obscenity, vulgarity and pornography has remained unchanged.[8]
In other words, the dignity of woman is constitutionally protected
and any media projections which are derogatory to women should be
prevented and prohibited. If the media, electronic or print, ever
exceed its jurisdiction, the courts come forward to ensure that
violation of the Fundamental rights by the media does not go
unchecked.[9] It may also be added that the government is allowed
to make any policies under these restrictions, which overrides
individual and business interests of an individual.[10] These
restrictions constitute the basis for other statutory limitations
on speech like that contained in the Indian Penal Code (IPC) 1860,
the Indecent Representation of Women Act, 1986 and the
Cinematograph Act, 1952.
Article 21: Right to Life
Further, Article 21 guarantees protection of life and personal
liberty. Right to life as enshrined in this article something more
then survival or animal existence.[11] It includes the right to
live with human dignity.[12] It is a basic right of a female to be
treated with decency and proper dignity.[13] Acts such as rape,
sexual harassment or molestation or many such which encourage or
promote these activities, are violative of Article 21.[14]
In
Chandra Rajakumari and Anr. v. Commissioner of Police, Hyderabad
and Ors
[15] the Hon'ble High Court of Andhra Pradesh held that:
It is also relevant and expedient to hold without any reservation
that any act which tend to offend the dignity of a woman to deal
with her indecently in the circumstances amounting to indecent
representation in any form, they are bound to offend Article 21 of
the Constitution of India as right to live includes right to live
with dignity and decency and right to live happily. Any violation
of the women society in the country in body or mind leading to
justifiable unhappy existence is bound to attract Article 21 of
the Constitution.
The obscene projections of women by media have the effect of
demeaning, debasing and degrading women. They also tend to corrupt
the viewer and encourage criminal behavior, which endangers the
life of women. They hinder the women from fully enjoying their
right to life. They deprive them of the respect and dignity that
they are entitled to and show them in a low light. Hence, are
violative of the basic right of the women guaranteed under this
article.
Article 51A: Fundamental Duties
The Constitution also addresses certain duties, under Article
51A,[16] to the citizens, which though are without any legal
sanction, should fulfill while exercising his own Fundamental
Rights.[17]
The Hon'ble Supreme Court has rightly stated:
It is a
fallacy to think that under the constitution there are only rights
and no duties. The provisions in Part IV enable the Legislatures
to impose various duties on the citizens. The mandate of our
Constitution is to build a welfare society and that object may be
achieved to the extent the Directive Principles are implemented by
legislation.[18]i.e., if the person does not care for the duties
he should not deserve the right.[19] This Article in cl. (e)
specifically levies duty on the citizen to renounce practices that
are derogatory to the dignity of women. Therefore any person who
does anything which debases women should not be protected by the
freedom of expression or profession, trade and business under
Article 19,[20] At any rate, there may be laws enacted by the
States to enshrine the intendment of the Constitution under
Article 51A (e) and in the absence also it must be supplemented in
extraordinary circumstances through judicial intervention
popularly called in these days as 'judicial activism' in the field
of the State passivism.[21]
Therefore, if media tend to practice derogatory to the dignity of
woman in any manner, which includes the modesty, protected in the
provision, should be constitutionally prohibited.
Conclusion
It It is a sad commentary that despite the Constitutional
articles, legislative provisions, codes, self regulations, and
various regulatory bodies, both Print and Electronic Media
continue to portray obscene images of women. They focus on sex
appeal or physical beauty of women.[22] Then, are given clinched
argument by the media that they dish out what the people want. All
this is just hackneyed expressions without any sincere attempt to
provide constructive suggestions and guidelines for the emergence
of a healthy media industry.
References:
[1] Mahila Jagran Manch, Bangalore v. State of Karnataka and
Others, 1999 (4) Kar.L.J. 295.
[2]Ibid.
[3] Article 19 of the Constitution reads as: (1) All citizens
shall have the right- (a) to freedom of speech and expression;
[4] The same was reiterated in Romesh Thappar v. State of Madras
A.I.R. 1950 S.C. 124, Sakal Papers Pvt. Ltd., A.I.R. 1962 S.C. 305
and later in Life Insurance Corporation of India v. Prof. Manubhai
D. Shah With Union Of India And Cinemart Foundation, 1992 (3)
S.C.R. 595.In Indian Express Newspapers (Bombay) Pvt Ltd. v. Union
of India, (1985) 1 SCC 641, the Supreme Court further explained
the meaning and importance of this freedom in this yet another
significant case:
The
expression freedom of press has not been used in Article 19 but it
is comprehended within Article 19 (1) (a). The expression means
freedom from interference from authority, which would have the
effect of interference with the content and circulation of
newspapers. There cannot be any interference with that freedom in
the name of public interest. The purpose of the press is to
advance the public interest by publishing facts and opinions
without which a democratic-electorate cannot make a responsible
judgment; Freedom of press is the heart of social and political
intercourse. It is the primary duty of the courts to uphold the
freedom of the press and invalidate all laws or administrative
actions, which interfere with it contrary to the Constitutional
mandate.
[5] Article
19(2) of the Constitution reads as:
(2) 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.
[6] Ranjit D.
Udeshi v. State of Maharashtra, A.I.R. 1965 S.C. 881.
[7] 1965(1) SCR 65 SC.
[8] Anonymous letter-un-signed v. The Commissioner of Police and
Ors.,1997 (1) A.L.T. 481.
[9] http://presscouncil.nic.in/speech6.htm, as browsed on 10th
January, 2007.
[10] Sate of Orissa v. Radhey Shyam Meher, A.I.R. 1995 S.C. 855.
[11] State of Maharashtra v. Chanderbhan, A.I.R. 1983 S.C. 803.
[12] Francis Coralie Mullin v. Administrator, Union Territory of
Delhi, A.I.R. 1981 S.C. 746.
[13] State of Punjab v. Baldev Singh, A.I.R. 1999 S.C. 2378.
[14] Boddhistattawa Gautam v. Shubra Chakraborty, A.I.R. 1996 S.C.
992.
[15] 1998 (1) A.L.T. 329.
[16] Article
51A. of the Constitution reads as:
(a) It shall be the duty of every citizens of India-
(b) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(c) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(d) to uphold and protect the sovereignty, unity and integrity of
India;
(e) to defend the country and render national service when called
upon to do so;
(f) to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic
and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;
(g) to value and preserve the rich heritage of our composite
culture;
(h) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
living creatures;
(i) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
(j) to safeguard public property and to abjure violence;
(k) to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavor and achievement.?
[17] Dr. Durga
Das Basu, Shorter Constitution of India , (2003), p 465.
[18] Chandra Bhawan Boarding v. State of Mysore, A.I.R. 1970 S.C.
2042.
[19] Dr. Durga Das Basu, Op.cit., (2003), p 465.
[20] The line of thinking of enforcement of duties by mandamus or
legal remedy had the support of in Surya v. Union of India, A.I.R.
1982 Raj. , Dasarathi v. State, A.I.R. 1982 Raj. 1, Rural
Litigation Kendra v. State of UP, A.I.R. 1985 S.C. 1259,
Sachidanand v. State of West Bengal, A.I.R. 1987 S.C. 1109.
[21] http://www.naavi.org/pati/cyberobsceneity.html, as browsed on
10th January, 2007.
[22] http://epc.buffalo.edu/authors/andrews/about/quartermain.htm,
as browsed on 30th September, 2007.
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author can be reached at: salonituteja@legalserviceindia.com /
