UNIT-1

FUNDAMENTAL RIGHTS
The rights, which are enshrined in the Constitution, are called ‘Fundamental Rights’. These
rights ensure the fullest physical, mental and moral development of every citizen. They include
those basic freedoms and conditions which alone can make life worth living. Fundamental
Rights generate a feeling of security amongst the minorities in the country. They establish the
framework of ‘democratic legitimacy’ for the rule of the majority. No democracy can function in
the absence of basic rights such as freedom of speech and expression. Fundamental Rights
provide standards of conduct, citizenship, justice and fair play. They serve as a check on the
government. Various social, religious, economic and political problems in our country make
Fundamental Rights important. In our Constitution, Fundamental Rights are enumerated in Part
III from Article 14 to 32. These rights are justiciable (Justiciable means that if these rights are
violated by the government or anyone else, the individual has the right to approach the
Supreme Court or High Courts for the protection of his/her Fundamental Rights).

Fundamental Rights have been incorporated in part III of our Constitution from article 14- 32.
These rights protect and safeguard the dignity and status of the citizens. These rights are
justiciable i.e. are enforceable by the court of law. At present there are six Fundamental Rights.
Recently by an Amendment Act of the Constitution, Right to Education has been added. These
Rights are not absolute, reasonable restrictions can be imposed on these rights in the interest
of peace, national defense, morality, common good and good relations with other countries.
The first right that comes under Fundamental Rights is the Right to Equality. Under the
Constitution, all are equal before law and the state cannot discriminate between citizens on the
basis of religion, race, sex, place of birth or any of them. Untouchability has been abolished and
made an offence punishable by law. The state has been forbidden from conferring honorary
titles on citizens that create social disparities. Right to Freedom has been granted for the all
round development of the body, mind and spirit of all the citizens. It provides six freedoms to
citizens. This Right helps protection of life and personal liberty. It also protects the individual
from arbitrary arrest and detention. Our Constitutions prohibits traffic in human beings and
forced labour. Employment of children below the age of fourteen years in mines, factories and
hazardous jobs is banned. India is a multi religious country. Our Constitution neither promotes
nor interferes in their religious affairs. India believes in secularism. Every religious community is
free to establish, maintain and run its own religious institutions. Every citizen has been granted
freedom to profess and propagate his/her religion. Cultural and Educational rights provide the
right to conserve our culture. Educational institutions maintained by the state on getting
financial aid from the state cannot refuse admission to children on the grounds of religion, race,
caste, language or any of them. The minorities have been given the right to establish and
manage institutions of their own for the preservation and propagation of their language and
culture. While giving financial aid to any institution, the state will not discriminate on the basis
of religion or language. Lastly the Constitution guarantees enjoyment of Fundamental Rights by
citizens under the Right to Constitutional Remedies. The Supreme Court and High Courts have
been given powers to issue orders, directions and writs for the enforcement of Fundamental
Rights. Dr. B.R Ambedkar has rightly called the writs as the “Soul of the part III of the
Constitution”

Our Constitution does not permit the legislature and the executive to curb these rights either
by law or by an executive order. The Supreme Court or the High Courts can set aside any law
that is found to be infringing or abridging the Fundamental Rights. Some of the Fundamental
Rights are also enjoyed by foreigners, for example, the Right to Equality before Law and Right to
Freedom of Religion are enjoyed by both i.e. citizens as well as foreigners. The Fundamental
Rights though justiciable are not absolute. The Constitution empowers the government to
impose certain restrictions on the enjoyment of our rights in the interest of public good. Seven
Fundamental Rights were enshrined in the Constitution of India. However the Right to Property
was removed from the list of Fundamental Rights by the 44th Amendment Act of the
Constitution in the year 1976. Since then, it has been made a legal right. There are now six
Fundamental Rights. The Fundamental Rights are: -

1. Right to Equality

2. Right to Freedom

3. Right against Exploitation

4. Right to Freedom of Religion

5. Cultural and Educational Rights

6. Right to Constitutional Remedies.

Recently by the 86th Amendment Act, the Right to Education has been included in the list of
Fundamental Rights as part of the Right to Freedom by adding Article 21(A).

RIGHT TO EQUALITY
Right to Equality means that all citizens enjoy equal privileges and opportunities. It protects the
citizens against any discrimination by the State on the basis of religion, caste, race, sex, or place
of birth. Right to Equality includes five types of equalities.
6.1.1 Equality Before Law
According to the Constitution, “The State shall not deny to any person equality before law or
equal protection of laws within the territory of India”. ‘Equality before law’ means that no
person is above law and all are equal before law, every individual has equal access to the
courts. ‘Equal protection of laws’ means that if two persons belonging to two different
communities commit the same crime, both of them will get the same punishment.

6.1.2 No Discrimnation on Grounds of Religion, Race, Caste, Sex, Place of Birth

or any of them
No citizen shall be denied access to shops, restaurants and places of public entertainment.
Neither shall any one be denied the use of wells, tanks, bathing ghats, roads etc. maintained
wholly or partly out of State funds. However, the State is empowered to make special
provisions for women, children and for the uplift of Scheduled Castes, Scheduled Tribes and
other backward classes (OBC’s). The State can reserve seats for these categories in educational
institutions, grant fee concessions or arrange special coaching classes.

6.1.3 Equality Of Opportunity In Matters Of Public Employment

Our Constitution guarantees equality of opportunity in matters relating to employment or
appointment to public services to all citizens. There shall be no discrimination on the basis of
religion, race, caste, sex, place of birth or residence in matters relating to employment in public
services. Merit will be the basis of employment. However, certain limitations have been
provided to the enjoyment of these rights.

refusing admission to any person to the public institutions; preventing any person from
worshipping in place of public worship; insulting a member of Scheduled Caste on the
grounds of untouchability; preaching untouchability directly or indirectly.

6.1.4 Abolition of Untouchability

The Constitution abolishes untouchability and its practice in any form is forbidden. Action in
the box are considered as offences when committed on the grounds of untouchability -

6.1.5 Abolition of Titles

 All titles national or foreign which create artificial distinctions in social status amongst the
people have been abolished. This provision has been included in the Constitution to do away
with the titles like ‘Rai Sahib’, ‘Rai Bahadur’ have been conferred by the British on a few Indians
as a reward for their effective co-operation to the colonial regime. The practice of conferring
titles like this is against the doctrine of equality before law. To recognise the meritorious service
rendered by individual citizens to the country or mankind, the President of India can confer civil
and military awards on those individuals for their services and achievements such as; Bharat
Ratna, Padma Vibhushan, Padam Sri, Param Veer Chakra, Veer Chakra etc., but these cannot be
used on ‘titles’.

RIGHT TO FREEDOM
Freedom is the basic characteristic of a true democracy. Our Constitution guarantees to the
citizens of India a set of six freedoms described as the “Right to Freedom”.

6.2.1 Six Fundamental Freedoms

The Constitution guarantees the following six Fundamental Freedoms:

i) Freedom of speech and expression.

ii) Freedom to assemble peacefully without arms.
iii) Freedom to form associations or unions.
iv) Freedom to move freely throughout the territory of India.
v) Freedom to reside and settle in any part of the territory of India.
vi) Freedom to practise any profession or to carry on any occupation, trade or business .

6.2.2 Protection in Respect of Conviction for An Offence

This Constitutional provision assures protection against arbitrary arrest and excessive
punishment to any person who is alleged to have committed an offence. No person shall be
punished except for the violation of law which is in force when the crime was committed. An
accused cannot be compelled to be a witness against himself/herself. No person shall be
punished for the same offence more than once.

6.2.3 Protection of Life and Personal Liberty

The Constitution lays down that no person shall be deprived of his/her life or personal liberty
except according to the procedure established by law. It guarantees that life or personal
liberty shall not be taken away without the sanction of law. It ensures that no person can be
punished or imprisoned merely at the whims of some authority. He/she may be punished
only for the violation of the law.

6.2.4 Prevention against Arbitrary Arrest and Detention

Our Constitution guarantees certain rights to the arrested person. As per the provision, no
person can be arrested and/or be detained in custody without being informed of the
grounds for detention. He /she has the right to consult and be defended by a lawyer of
his/her choice. The accused has to be produced before the nearest magistrate within a
period of twenty-four hours of arrest. These safeguards however are not available to
foreigners as well as to those citizens detained under Preventive Detention Act.

Preventive Detention: When the State feels that a person is likely to

commit crime or is a threat to the security of the State, he/she may be
detained without trial for a limited period. However, no person can be kept
under detention for more than three months until permitted by an
Advisory Board consisting of persons who are qualified to be appointed as
judges of the High Courts. Such a board is presided over by a sitting judge
of a High Court.

6.2.5 Right to Education

By the 86th Amendment Act of the Constitution a new article 21-A has been added after
Article 21. By this Amendment Act, Right to Education has been made a Fundamental Right
and has been deleted from the list of Directive Principles of State Policy. According to it,
“The State shall provide free and compulsory education to all children of the age of six to
fourteen in such a manner as the State may by law determine”. It further states that it is the
responsibility of the parent or guardian to provide opportunities for education to their child
or ward between the age of six to fourteen years.

RIGHT AGAINST EXPLOITATION

The people of India were exploited not only by the British but also by the money lenders and
zamindars. This system was called forced labour. Right against exploitation prohibits all
forms of forced labour as well as traffic in human beings . The violation of this provision is an
offence punishable under law. The state require citizens services in times of major calamities
such as floods, forestfire, foreign aggression etc. Our Constitution also provides safeguards
for children. It bans the employment of children below the age of fourteen years in any
factory , mine or hazardous occupations.
Traffic in human beings means sale and purchase of human beings as goods and
commodities for immoral purposes such as slavery and prostitution.

RIGHT TO FREEDOM OF RILIGION

India is a multireligious state. Besides Hindus, there are Muslims, Sikhs, Christians and many
others residing in our country. The Constitution guarantees to every person freedom of
conscience and the right to practice and propagate any religion. It also permits every
religious group, the right to manage its own affairs in matters of religion. Every religious sect
has the right to establish and maintain in stitutions for religious and charitable purposes.
Each religious group is also free to purchase and manage its movable and immovable
property in accordance with law, for the propagation of its religion. Our Constitution lays
down that no religious education can be imparted in any educational institution which is
wholly maintained out of the state funds. This restriction does not apply to those
educational institutions which are not wholly maintained out of State funds. But, even in
those institutions, no child can be compelled to receive religious instructions against his /her
wishes. Right to Freedom of Religion is not absolute. It can be restricted on the grounds of
public order, morality and health. The state shall not impose restrictions arbitrarily .
CULTURAL AND EDUCATIONAL RIGHTS
India is a vast country with diversity of culture, Script and languages. People take pride in
their own language and culture. Our constitution provides necessary guarantees to preserve
maintain and promote their culture and language. The Constitution allows minorities to
establish and maintains educational institutions of their own. It also provides that the state
shall not discriminate against any educational institution while granting financial aid on the
grounds that it is being run by a minority community. These rights ensure that minorities will
be given assistance by the state in the preservation of their language and culture. The Ideal
before the state is to preserve and propagate the composite culture of the country.

RIGHT TO CONSTITUTIONAL REMEDIES

After reading about all the Fundamental Rights, a question may arise in your mind : what can
an individual do if one or more of his or her Fundamental Rights are encroached upon by the
State? Part III of our Constitution provides for legal remedies for the protection of these
 rights against their violation by the State or other institutions/individuals. It entitles the
citizens of India to move the Supreme Court or High Courts for the enforcement of these
rights. The State is forbidden from making any law that may be in conflict with the
Fundamentals Rights. The Constitution empowers the Supreme Court and High Courts to
issue orders or writs as mentioned in the box given below.
HABEAS CORPUS: (Latin term) It is an order by the court to the state to produce the
person physically before it justify the confinement or release of the person.
MANDAMUS: (Latin term) It is a command or an order from a superior court to a
subordinate court or tribunal or public authority to perform its duty in case it is not doing
it.
PROHIBITION: It is an order issued by the Superior Court to forbid a subordinate court or
tribunal from proceeding with a case which is beyond its jurisdiction.
QUO WARRANTO: This writ is issued to restrain a person from acting in a public office to
which he /she is not entitled.
CERTIORARI : The term certiorari means “to be informed of what is going”. It is an order
to a lower court from a superior court to transfer the matter to it or to any other court for
deciding the matter.

These write go a long way in protecting the rights of the individuals against encroachment by
the legislature, the executive or any other authority. If the Fundamental Rights are the
cornerstone of our democracy, then the Right to Constitutional Remedies is the soul of the part
III of the Constitutions.

IMPORTANCE OF FUNDAMENTAL RIGHTS

Following are the importance of fundamental rights-

 To abide by the Constitution and respect its ideals and institutions, the National Flag and the
National Anthem.

 To cherish and follow the noble ideals which inspired our national struggle for freedom.

 To uphold and protect the sovereignty, unity, and integrity of India.

 To defend the country and render national service when called upon to do so.

 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.

 To value and preserve the rich heritage of our composite culture.

 To protect and improve the natural environment including forests, lakes, rivers, wildlife and
to have compassion for living creatures.

 To develop the scientific temper, humanism and the spirit of inquiry and reform.

 To safeguard public property and to abjure violence.

 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.

SHORT NOTES

PRESS COUNCIL OF INDIA

The press has to be free and responsible in a democracy. The process of ensuring these by
government intervention would be disastrous. Therefore an alternate system was needed. The
best way is to let the peers of the profession, assisted by a few discerning laymen to regulate it
through a properly structured representative impartial machinery. Thus, the Press Council was
set up. The first of its kind was established in Sweden in 1916. Soon it spread to other
countries. The First Press Commission (1954) suggested setting up of a Press Council to
“safeguard the freedom of the press”, “ to ensure on the part of the Press the maintenance of
High standards of public taste and to foster due sense of both the rights and responsibilities of
citizenship” and “ to encourage the growth of sense of responsibility and public service among
all those engaged in the profession of journalism.” The Commission had concluded that the best
way of maintaining professional ethics in journalism would be to bring into existence a body
with statutory authority, of people principally connected with industry. As a result of the Press
Council Act, 1965, Press Council of India was constituted on 4th July, 1966 as an autonomous,
statutory, quasi-judicial body, with Shri Justice J R Mudholkar, then a Judge of the Supreme
Court, as Chairman. The Press Council of India is a statutory quasi judicial body.

PRESS COUNCIL ACT

The Press Council of India was first constituted on 4th July, 1966 as an autonomous, statutory,
quasi-judicial body, with Shri Justice J R Mudholkar, then a Judge of the Supreme Court, as
Chairman.

First Press Council

The Press Council of India was set up on the recommendations of the First Press Commission
(1954). The commission had felt that high standard of journalism was being maintained by only
the few well-established players, while others were prone to publishing sensational news. The
commission had opined that only an autonomous body comprising people principally connected
with the industry could ensure that no code of journalistic ethics are breached by any player.
 The commission identified roles for the proposed commissions. These were:

 Safeguarding the freedom of press

 To maintain high standards of public taste
 To foster due sense of both the rights and responsibilities of citizenship

Composition Of The Press Council

The Press Council Act, 1965 provided for a 25-member strong body out of which 3 were to
represent the two houses of Parliament, 13 were to be from amongst the working journalists, of
which not less than 6 were to be editors who did not own or carry on the business of
management of newspapers and the rest were to be the persons having special knowledge or
practical experience in respect of education and science, law, literature and culture. By an
amendment of the Act in 1970, the membership of the Council was raised by one to provide a
seat for persons managing the news agencies. The same amendment also made new provisions
for the appointments of the chairman and other member of the Council. From 1970 onwards till
1979, the chairman and other members of the council were nominated by a Nominating
Committee consisting of the Chairman of the Rajya Sabha, the Chief Justice of India and the
Speaker of the Lok Sabha.

Press Council of India was revamped in 1979 following the enactment of a fresh legislation by
Parliament in 1978. Although the composition of the council underwentb few changes, but the
objectives of the council remain the same:

 Preserving the freedom of the press

 Maintaining and improving the standards of press in India
The present Council is a body corporate having perpetual succession. It consists of a Chairman
and 28 other members. Of the 28 members, 13 represent the working journalists. Of whom 6 are
to be editors of newspapers and remaining 7 are to be working journalists other than editors. 6
are to be from among persons who own or carry on the business of management of newspapers.
One is to be from among the persons who manage news agencies. Three are to be persons having
special knowledge or practical experience in respect of education and science, law and literature
and culture. The remaining five are to Members of Parliament : three from Lok Sabha, and two
from Rajya Sabha.

Functions of Press Council Of India

The Press Council Act, 1965, listed the following functions of the Council in furtherance of its
objects:

 To help newspapers to maintain their independence

 To build up a code of conduct for newspapers and journalists in accordance with high
professional standards
 To ensure on the part of newspapers and journalists the maintenance of high standards of
public taste and foster a due sense of both the rights and responsibilities of citizenship
 To encourage the growth of a sense of responsibility and public service among all those
engaged in the profession of journalism
 To keep under review any development likely to restrict the supply and dissemination of news
of public interest and importance
 To keep under review such cases of assistance received by any newspaper or news agency in
India from foreign sources, as are referred to it by the Central Government
 Provided that nothing in this clause shall preclude the Central Government from dealing with
any case of assistance received by a newspaper or news agency in India from foreign sources in
any other manner it thinks fit
 To promote the establishment of such common service for the supply and dissemination of
news to newspapers as may, from time to time, appear to it to be desirable;
 To provide facilities for the proper education and training of persons in the profession of
journalism
 To promote a proper functional relationship among all classes of persons engaged in the
production or publication of newspapers
 To study developments which may tend towards monopoly or concentration of ownership of
newspapers, including a study of the ownership or financial structure of newspapers, and if
necessary, to suggest remedies therefore
 To promote technical or other research
The Press Council of India 1978 Act added three new functions for the council:

a) promoting the establishment of such common services for the supply and dissemination of
news to newspapers as may, from time to time, appear to it to be desirable;(b) providing facilities
for proper education and training of persons in the profession of journalism; and (c) promoting
technical or other research

Powers Of The Council

The Press Council can’t force any newspaper, news agency, editor or journalist to reveal the source of any
news or information

 The council has power to censure any news which violates the standards of journalistic ethics or
public taste
 The council can hold inqury against an editor or a working jpournalist if s/he is found of
committing professional misconduct
 Every inquiry held by the Council shall be deemed to be a judicial proceeding within the
meaning of sections 193 and 228 of the Indian Penal Code
 Complaints Procedure
A complaint against a newspaper for any publication the complainant finds objectionable and
affecting him personally, or for non-publication of any material, should first be taken up with
the editor or other representative of the publication concerned.

If the complaint is not resolved satisfactorily, it may be referred the Press Council of India. The
complaint must be specific and in writing and should be filed/lodged within two months of the
publication of the impugned news item in case of dailies and weeklies and four months in all
other cases, along with the original/photostat copy of the impugned clipping (an English
translation if the matter is in a South Asian language). The complainant must state in what
manner the publication/non-publication of the matter is objectionable within the meaning of
the Press Council Act, 1978, and enclose a copy of the letter to the editor, pointing out why the
matter is considered objectionable. The editor’s reply thereto or published rejoinder, if any,
may also be attached to it. A declaration stating that the matter is not pending in any court of
law is also required to be filed.

If a newspaper or journalist is aggrieved by any action of any authority that may impinge on the
freedom of the press, he can also file a complaint with the Council. The aggrieved newspaper or
journalist may inform the Council about the possible reason for the action of the authorities
against him i.e. if it is as a reprisal measure taken by the authorities due to critical writings or as
a result of krisan the policy that may affect the freedom of the press (supporting documents,
with English translation if they are in a South Asian language, should be filed). A declaration
regarding the non-pendency of the matter in any court of law is also necessary.

On receipt of a complaint made to it or otherwise, if the Council is prima facie satisfied that the
matter discloses sufficient ground for inquiry, it issues a show cause notice to the respondents
and then considers the matter through its Inquiry Committee on the basis of written and oral
evidence tendered before it. If, on inquiry, the Council has reason to believe that the
respondent newspaper has violated journalistic norms, the Council keeping in view the gravity
of the misconduct committed by the newspaper, warns, admonishes or censures the
newspaper or disapproves of the conduct of the editor or the journalist as the case may be. It
may also direct the respondent newspaper to publish the contradiction of the complainant or a
gist of the Council’s decision in its forthcoming issue.

Similarly, when the Council upholds the complaint of the aggrieved newspaper/journalist the
Council directs the concerned government to take appropriate steps to redress the grievance of
the complainant. The Council may, if it considers necessary, make such observations, as it may
think fit, in any of its decisions or reports, respecting the conduct of any authority, including
Government.

Chairmen Of The Council

 Justuce JR Mudhokar (1966-1968)
 Justuce N Rajagopala Ayyangar (1968-1976)
 Justice AN Grover (1979-1985)
 Justice AN Sen (1985-1989)
 Justice RS Sarkaria (1989-1995)
 Justice PB Sawant 1995-2001
 Justice K. Jayachandra Reddy (2001-2005)
 Justice G.N. Ray (2005-2011)
 Justice Markandey Katju (2011-2015)
 Justice Chandramauli Kumar Prasad (2015 – Till Date)

PRESS COMMISION
FIRST PRESS COMMISSION (1952-54)
Before independence majority of the Nationalist press was contributing to the freedom
struggle against the British government as a mission. But after independence there was a lack
of objective in front of the press. Many owners/editors started looking at press as a tool for
their personal interest. It was found that there was a great deal of defamatory writing often
directed against communities or groups, of indecency and vulgarity and personal attacks on
individuals. It was also noted that some sections of press were involved in yellow journalism.
Hence there was a need to map the status of the press in order to check the malpractices and
to keep the professional standards high. The first Press Commission was appointed in 1952 with
these objectives.

Justice G. S. Rajadhyakhsa was the Chairman of the first Press Commission. It was constituted
on 23rd September 1952 by the Ministry of Information and Broadcasting (MIB). Some of the
other members of the 10 member working group were Dr. C.P. RamaswamyAiyer,
AcharyaNarendraDeo, Dr.ZakirHussain, and Dr. V.K.V. Rao. After considering the
recommendations of the Press Commission and the note submitted by the MIB, the Union
Cabinet adopted a Resolution on 13 September, 1955, which became the basic policy document
in regard to the Press in India.

Need of the First Press Commission:

The objectives of the first press commission were as following:

1) to secure freedom of speech and expression

2) to curb-yellow journalism, sensationalism, malicious attacks on public men, indecency and
vulgarity, bias in presentation of news and lack of responsibility in comment

3) to inquire the control,management and ownership, the financial structure as well as other
important aspects of the newspaper industry in the country.

Recommendations of the First Press Commission:

The recommendation of the first press commission for the first time provides idea of what a
responsible press should be-

♦ To protect the freedom of the press and to maintain high standards of journalism, a Press
Council should be established.

♦ To prepare the account of the press and the position of every year, there should be
appointment of the Registrar of Newspaper for India (RNI)

♦ Price-page schedule should be introduced to protect the small newspapers from the fierce
competition

♦ For maintaining a cordial relationship between the government and the Press, a Press
Consultative Committee should be constituted.

♦ Working Journalists Act should be implemented.

♦ It recommended establishment of a fact-finding Committee to evaluate the financial position

of the newspapers and news agencies.

♦ For protecting the main principles of the freedom of the press and to help the newspapers
against monopolistic tendencies, a Newspaper Financial Corporation should be constituted.

♦ It had also recommended the conversion of the PTI into a public corporation.

♦ There should be indigenisation of both capital and the staff especially at the higher levelsand
it was highly desirable that proprietarily interests in publication should vest predominantly in
Indian hands.

Achievements of the First Press Commission:

The first Press Commission has some commendable achievements to its credit. Its report led to
certain significant measures towards regulating the newspaper industry.

♦ PCI was established in the year 1966 to regulate the press.

♦ RNI was appointed in July 1956 to prepare an account of the publications and titles.
♦ Price-page was scheduled in 1956 but later it was shot down in court.

♦ Press Consultative Committee was constituted on 22nd September1962.

♦ Working Journalists Act was accepted in 1955 the working journalist and other newspaper
employees (conditions of services) and miscellaneous Provisions Act was set up.

♦ A Fact Finding Committee on financial position of the newspapers and news agencies was set
up on 14th April 1972. It submitted its report on 14th January 1975.

♦ The need of the Newspaper Financial Corporation was accepted in principle and on 4th
December 1970, a Bill was also presented in the Lok Sabha, but it lapsed.

SECOND PRESS COMMISSION (1978/80-82)

The second Press Commission came barely 15 months after the first experience of government
censorship that the Indian Press went through during Emergency, 1975- 1977.

After the emergency was lifted, the new government of India constituted the Second Press
Commission on May 29, 1978. The Commission was set up under the chairmanship of Justice
P.C. Goswami but he and his colleagues resigned in January 1980, with the formation of new
government. The commission was reconstituted in April 1980 under the chairmanship of Justice
K.K.Mathew.

Objectives of the Second Press Commission

The second press commission wanted the press to be neither a mindless adversary nor an
unquestioning ally to the government. Its terms of reference included studying.

♦ the role of the press in a developing and democratic society.

♦ the present constitutional guarantee with regards to freedom of speech and expression;
whether this is adequate to ensure freedom of the press, adequacy and efficacy of the laws,
rules and regulations for maintaining this freedom.

♦ means of safeguarding the independence of the press against economic and political
pressures from proprietors and management.

♦ role of the press and the responsibilities it should assume in developmental policies.

♦ ownership patterns, management practices and financial structures of the press, their
relation to growth, editorial independence and professional integrity.
 ♦ chain newspapers, links with industry, their effects on competition and on the readers’ right
to objective news and free comments .

♦ the economics of the newspapers industry.

Recommendations of the Second Press Commission:

The commission submitted its report in 1982. It wanted free press works as a responsible and
constructive critic of the government. The commission felt that the editors’ authority should
extend not only to the contents of the advertisements but also to the proportion of space
devoted to them. The commission said that for development to take place, internal stability
was as important as safeguarding national security. The commission said that the press has a
social responsibility and accountability to the public and it cannot enjoy absolute freedom at
least in developing country like India. The main recommendations were as follow:

♦ An attempt should be made to establish a cordial relation between the government and the
press.

♦ For the development of small and medium newspaper, there should be establishment of
Newspaper Development Commission.

♦ Newspaper industries should be separated from industries and commercial interests.

♦ There should be appointment of Board of Trustees between editors and proprietors of the
newspaper. ♦ Price-page schedule should be introduced.

♦ There should be a fixed proportion of news and advertisements in small, medium and big
newspaper. ♦ Newspaper industries should be relieved from the impact of foreign capital.

♦ No predictions should be published in newspapers and magazines.

♦ The misuse of the image of the advertisement should be discontinued.

♦ The government should prepare a stable Advertisement Policy.

♦ The Press Information Bureau should be reconstituted.

UNIIT-2
DEFAMATION
When one person robs another person of fame than he/she is charged with defamation. Here the
word does not automatically means famous. Also, fame is not a tangible object that someone can
rob off physically. So, the best way to define defamation is when someone deprives another
person a sense of their reputation. This reputation is in the eyes of other people who are in their
right mind in and around the person. The reason for this is reputation is something that is very
difficult to build, like a house of cards. Also, it can get over without even giving due notice.

What Does the Victim Need to Prove to Establish Defamation?

The law of defamation varies from state to state, but there are some generally accepted rules.
If you believe you are have been "defamed," to prove it you usually have to show there's been
a statement that is all of the following:

 published
 false
 injurious
 unprivileged
Let's look at each of these defamation claim elements in detail.
1. First, the "statement" can be spoken, written, pictured, or even gestured. Because written
statements last longer than spoken statements, most courts, juries, and insurance companies
consider libel more harmful than slander.
2. "Published" means that a third party heard or saw the statement -- that is, someone other
than the person who made the statement or the person the statement was about. "Published"
doesn't necessarily mean that the statement was printed in a book -- it just needs to have
been made public through social media, television, radio, speeches, gossip, or even loud
conversation. Of course, it could also have been written in magazines, books, newspapers,
leaflets, or on picket signs.
3. A defamatory statement must be false -- otherwise it's not considered damaging. Even
terribly mean or disparaging things are not defamatory if the shoe fits. Most opinions don't
count as defamation because they can't be proved to be objectively false. For instance, when a
reviewer says, "That was the worst book I've read all year," she's not defaming the author,
because the statement can't be proven to be false.
4. The statement must be "injurious." Since the whole point of defamation law is to take care of
injuries to reputation, those suing for defamation must show how their reputations were hurt
by the false statement -- for example, the person lost work; was shunned by neighbors, friends,
or family members; or was harassed by the press. Someone who already had a terrible
reputation most likely won't collect much in a defamation suit.
5. Finally, to qualify as a defamatory statement, the offending statement must be
"unprivileged." Under some circumstances, you cannot sue someone for defamation even if
they make a statement that can be proved false. For example, witnesses who testify falsely in
court or at a deposition can't be sued. (Although witnesses who testify to something
they know is false could theoretically be prosecuted for perjury.) Lawmakers have decided that
in these and other situations, which are considered "privileged," free speech is so important
that the speakers should not be constrained by worries that they will be sued for defamation.
Lawmakers themselves also enjoy this privilege: They aren't liable for statements made in the
legislative chamber or in official materials, even if they say or write things that would otherwise
be defamatory.

How does A defame B?

There are three conditions that can be categorized under defamation. These are:

1. The statement needs to be published. Thus, it means that the statement should reach the
ears and the eyes of a third person who is not a plaintiff or a defendant.

2. The required statement needs to be referred to as the plaintiff. When there is an ambiguity,
people’s perception will be taken into account. Thus, it is done to see whether there is a link
between the person and the statement.

3. The statement needs to be defamatory in nature. Thus, the statement should be such that it
deprives someone of their sense of reputation.

Types of Defamation

There are two ways through which we can transmit the defamatory statement. One is through
slander and another one is through libel. Libel is done through text or graphic and it is permanent
in nature. Thus, it can be said that it will stay as long as the graffiti or statue or picture stays on.

Defamation can also be done through slander. Here, slander is referred to as transient or non-
permanent in nature. Thus, in this case, the effect of defamation is considered to subsist for the
time period of comment or action.

Slander
Slander can also happen in a way that will closely represent libel. For example, when you dictate
some defamatory comments to your clerk who in turn types it on a letterhead the communication
that is going to happen for the third person through the speech. Thus, in this case, the mode of
transmission is the one that is considered transient.
 Libel
For an action to be considered as a libel the proof in contention should be proved as defamatory,
false, made public, or in writing. The comment that defamatory made should be directly or
indirectly referred to the plaintiff. Furthermore, this comment should also draw a reasonable
connection between the comment and the person.

Though it is not necessary that person should be named specifically neither is the intention of that
defendant. However, defamation cannot be made against a category or a deceased person such as
doctors. So, in these types of cases if the defamation happens to injure the living person’s
reputation than that person will be sued for defamation.

Defense against Defamation

In the case of defamation, the truth is considered as an absolute defense. Even though the
statement may not be entirely correct but substantially correct, truth serves as the backbone for
the case. In the case of defamation, the claim does not depend on the intent.

The defendant in the case cannot rely merely on the fact that they were just passing the hearsay
or the rumors. As far as privilege is concerned, the defense for is given to the person who has
some special status under the given circumstances. These privileges can be further divided into
qualified privilege and absolute privilege.

Difference between libel and slander

Sr LIBEL
no
1. Libel is defamation in some
permanent form e.g. a written or
printed form.
2. At Common Law, a libel is a
Criminal offence as well as Civil
wrong. Under Indian Law both libel
and slander are criminal offences.
3. A libel conduces to a breach of
peace.
4. A libel is by itself an infringement of
a right and no actual damage need to
be proved in order to sustain an
action in the Court of Law.
SLANDER
Slander defamation in transient form e.g. spoken
words or gestures.
At Common Law, a slander is a Civil Wrong
only.
A slander does not conduce to a breach of peace.
However, Indian legal system does not
recognize this distinction.
At Common Law, a slander is actionable only
when special damage can be proved to have
been its natural consequences or when in
conveys certain imputation.
 5. Libel shows a greater deliberation Slander may be uttering or words in the heat of
and raises a suggestion of malice. moments and under a sudden provocation.

6. The actual publisher of libel may be In every case of publication of slander, the
an innocent person and therefore not publisher acts consciously and voluntarily, and
liable. must necessarily guilty.

Essentials of Defamation:
An obvious question arises about essentials of defamation under Indian Law. Because,
whenever defamation is agitated before any Civil Court, the proof has to travel around certain
essentials. Therefore, it becomes necessary to try to enlist those essentials or requisites
constituting defamation as civil wrong. There are in general four essentials of the tort of
defamation, namely-

a. There must be a defamatory statement.

b. The defamatory statement must be understood by right thinking or reasonable minded

persons as referring to the plaintiff.

c. There must be publication of the defamatory statement, that is to say, it must be

communicated to some person other than the plaintiff himself.

d. In case of slander either there must be proof of special damages or the slander must come
within the serious classes of cases in which it is actionable per se.

What amounts to Defamation

Any direct or indirect comment,

 Imputing anything to a deceased person, if the imputation would harm the reputation of
that person if living, and is intended to be hurtful to the feelings of his family or other near
relatives.
 Stating anything that lowers the moral or intellectual character of that person, or lowers the
character of that person in respect of his caste or of his calling, or lowers the credit of that
person, or causes it to be believed that the body of that person is in a loath some state, or in
a state generally considered as disgraceful.
  Printing or engraving any matter, knowing or having good reason to believe that such matter
is defamatory of any person.
 Selling or offering for sale any printed or engraved substance containing defamatory matter,
knowing that it contains such matter.

The following are some more examples of defamatory actions:

 publishing that a barrister is a quack lawyer and an imposter

 publishing that a particular woman has been raped or ravished
 publishing that a man is a villain or insane or unfit to be trusted with money
 publishing an obituary notice of a living person
 publishing an unskillful reproduction of an artist’s work
 burning a man’s effigy
 accuse a doctor/architect/official of incompetence
SEDECTION LAW IN INDIA
INTRODUCTION

Every citizen has been given freedom to speak and express their views under Article 19(1)(a) of
the Indian Constitution. However, this freedom is not absolute and some reasonable
restrictions have been imposed on freedom of speech and expression under Article 19(2). But
when a person does an act by his words, signs or representation which is held to be
contemptuous towards the Government of India, then such act is punishable under section
124-A of Indian Penal Code, 1860. Sedition is an offence that criminalizes speech that is
regarded to be disloyal to or threatening to the state.

The provision of Section 124A is very wide and it covers the act of defamation of the
Government excluding any criticism in good faith of any particular measures or acts of
administration.

Law of Sedition

The term ‘Sedition’ means “conduct or speech which results in mutiny against the authority of
the state”. Law of Sedition deals with section 124A of IPC, 1860, is considered as a reasonable
restriction on freedom of speech. It was drafted by Thomas Macaulay and introduced in 1870.

The following points describe the origin of sedition law:

  Origin of Sedition law in India is connected to the Wahabis Movement of the 19th
century.
 This was an Islamic revivalist movement and was led by Syed Ahmed Barelvi.
 Since 1830, the movement was active but in the wake of 1857 revolt, it turned into
armed resistance, a Jihad against the British.
 The British termed Wahabis as rebels and carried out military operations against
Wahabis.

History

In British Era, Section 124A was not a part of Indian Penal Code, 1860. But this Section was
inserted into IPC by the IPC (Amendment) Act, 1870. By an amending act of 1898, this provision
was later replaced by Section 124A. According to the British Era Law, under the old IPC,
“Exciting or attempting to excite feelings or disaffection was considered as Sedition”.

Meaning of Sedition under Section 124A of IPC, 1860

“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 shall be punishable with Life Imprisonment”.

Explanation I to the Section defines the scope of disaffection and in Explanation II and III
indicate what under the English Law is not considered seditious intention.

What are the activities that are Seditious in nature?

In India, what constitutes as ‘Sedition’ is highly debated. As per the Indian Penal Code, for an
act to be called “seditious”, it should have the following components:

1. Any words, which can be either written or spoken, or signs which include
placards/posters (visible representation)
2. Must bring hatred/contempt/disaffection against the Indian Government
3. Must result in ‘imminent violence’ or public disorder.[2]

 As per the interpretation of the Court on Section 124-A of the Indian Penal Code,
1860 the follow Raising of slogans against the government – example – “Khalistan
 Zindabad” by groups. Raising of slogans by individuals casually once or twice was held
not to be seditious. [3]
 A speech made by a person must incite violence / public disorder for it to be
considered as seditious [4]. Subsequent cases have gone to further interpret it to
include “incitement of imminent violence”.
 Any written work which incites violence and public disorder.

Sedition found in other Laws

The following are some laws which cover Sedition law:

 Indian Penal Code, 1860 (Section 124A)

 The Code of Criminal Procedure, 1973 (Section 95)
 The Seditious Meetings Act, 1911 &
 The Unlawful Activities (Prevention) Act (Section 2(o) (iii)).

How legal mechanism sets in motion

Sedition is considered as a high-value crime in the Indian Penal Code which is against the sovereignty of
the country. It is a cognizable offence which allows arrest without a warrant and police can start the
investigation without the permission of the court. There are some legal procedures regarding the
charges of Sedition:

 Go to the Jurisdictional Police Station

It is the person’s legal right to file a case against the person who is committing an offence
against the state such as Sedition. A person can file the complaint with the nearest Police
Station where such offence when committed.

 Lodging an F.I.R

The First Information Report (F.I.R.) is a written document which is prepared by the police
organizations when they receive any information about the cognizable offence. In the case of
seditious offence, it is filed by the person who has come to know about such offence and also
can be filed by the police officer.
  How Police take Cognizance

When any credible information is being registered by the complainant regarding the sedition
offence, then it is the duty of Police Officer to take action for such complaint. Police have the
right to arrest without warrant for such offence. There are some procedures when Police are
able to arrest without warrant:

1. When the seditious act is going on before the police inspector, District Magistrate or Executive
Magistrate, then they can arrest such person without any warrant.
2. If any information is received from another police officer for the arrest of the person
committed a seditious offence, then the other police officer can arrest such person.
3. F.I.R. when lodged against the person for the seditious offence.
4. When a person who is being suspected of Sedition, then the police officer may arrest such
person for the further investigation.

 Investigation

After giving the information to a police officer in charge of a police station, the investigation is
initiated. A magistrate can order a police officer in charge to investigate on cognizable offence
such as Sedition. A magistrate is empowered to take cognizance upon receiving any complaint
or upon a police report or upon information received from any person other than a police
officer who is having knowledge of such offence is committed. A police officer may require to
take the attendance of witnesses in writing.

 Charge Sheet

After the completion of the investigation, police submits charge sheet which consists of F.I.R.
copy, statement of the complainant, statement of witnesses etc.

Sedition: Disloyalty In Action

“Sedition” has been described as disloyalty in action. The object of sedition law is to induce
discontent and insurrection, and stir up opposition to the Government and bring the
administration of justice into contempt. Sedition is a crime against the society as it involves
all those practices that result in conduct disturbance in the state or to lead to civil war which
contempt the sovereign and promotes public disorder.[5]
Defences Available to a Person Charged With Sedition

To get the exemption from Criminal Liability, the following are the defences:

1. That he did not make the sign or representation or not speak or write the words, or
not do any act in question.
2. He did not attempt into the contempt or attempt disaffection.
3. Such disaffection should not be towards the Government.

Sedition and Article 19(1)(a) of the Indian Constitution

The Concept of Free Speech has attained global importance and all have supported it as a basic
fundamental right of a human being. In India, such rights are provided under Part-III and Article
19 of the Indian Constitution. The said right has no geographical indication because it is the
right of the citizen to gather information with others and to exchange thoughts and views
within or outside India.

Courts have been given the power to act as guarantors and protectors of the rights of the
citizen. Article 19(1)(a) secures the ‘freedom of speech and expression’ but it has been bound
by the limitation which has been given under Article 19(2) which states the permissible
legislative abridgement of the right of free speech and expression.

In Niharendu Dutt’s case [6], for sedition, the Federal Court had taken chance to interpret the
Section 124A of the IPC in alignment with British Law. It had ruled that tendency to disturb
public order was an essential element under Section 124A. The Privy Council held that the
incitement to violence or a tendency to disturb public order was not necessary under section
124A.

In Tara Singh v. State[7], the validity of Section 124A of the IPC was directly in issue. In this
case, it curtailed the freedom of speech and expression, so the East Punjab High Court declared
this section void.

By the Constitution (First Amendment) Act, 1951, two changes were introduced relating to
freedom of speech and expression, are:
 1. It considerably widened the latitude for restrictions on free speech by adding further
grounds;
2. The restriction imposed on Article 19(1)(a) must be reasonable.

Therefore, the question now arises of whether Section 124A of IPC is in conflict with Article
19(1)(a) or not. It has been reflected by the following points:

1. Section 124A of the IPC is ultra vires the constitution in as much as it infringes the
fundamental right of freedom of speech in Article 19(1)(a) and is not saved by the
expression “in the interest of public order”.
2. As the expression “in the interests of public order” has a wider connotation and
should not be confined to only one aspect of public order, then the Section 124A is
not void.
3. Section 124A IPC is partly void and partly valid. In Indramani Singh v. State of
Manipur, it was held that Section 124A which seeks to impose restrictions on exciting
mere disaffection is ultra vires, but the restriction imposed on freedom of speech and
expression covered under Article 19(2) can be held intra vires.

In 1959, Allahabad High Court declared that Section 124A was ultra vires to Article 19(1)(a) of
the Constitution.

Indian Freedom Fighters who were charged with Sedition during the Freedom
Struggle

Mahatma Gandhi was charged with sedition

Gandhiji had written three ‘politically sensitive’ articles in his weekly journal Young India, which
was published from 1919 to 1932 so that he was jailed on the charges of sedition. He was
sentenced to a six-year jail term.

Three charges were imposed on him:

1. Tampering with loyalty;

2. Shaking the manes and
3. Attempt to excite disaffection towards the British Government.
He wrote the first part of his autobiography during his imprisonment- The Story of my
Experiments with Truth- and about the Satyagraha movement in South Africa. He was released
after two years as he was suffering from appendicitis.

Bal Gangadhar Tilak was convicted under this

Bal Gangadhar Tilak was charged with sedition on two occasions, are:

1. Firstly, his speeches that allegedly incited violence and resulted in the killings of two
British Officers for which he was charged with Sedition in 1897. He was convicted but
got bail in 1898.
2. Secondly, he was defending the Indian revolutionaries and called for immediate
Swaraj or self-rule in his newspaper ‘Kesari’ for which he was convicted under
sedition and sent to Mandalay, Burma from 1908 to 1914.

Take on abolishing the law of sedition – Should the Indian legal system abolish
the laws punishing seditious activities?

In today’s scenario, the sedition law expects that citizens should not show enmity, contempt
towards the Government established by the law.

 There are some dark areas which lies between actual law and its implementation.
 Thus the laws need to amend those dark areas.
 In India, there are so many divisive powers acting together in which such laws are
necessary evils in a country like India.
 It is the need for such law that those activities which are promoting violence and
public disorder should be stopped

Disaffection and the State

 A seminar titled with ‘Azadi, the Only Way’ was organized by the Committee for the
release of a Political prisoner in Srinagar.
 The controversy arises when Sedition was charged against Arundhati Roy, Syed Ali
Shah Geelani, Varavara Rao and others who spoke at the said Seminar.
  Media reported that the Central Government was not in favour of initiating
proceedings in this case.
 There are reports though of cases having been filed in New Delhi.
 Intimidation of cases being filed in other parts of the country against Roy, Geelani
and other who spoke at the seminar.

Constitutionality of Law of Sedition in India

Kedarnath Singh v. State of Bihar [13]

 It was held that the law is constitutional and covered written or spoken words that
had the implicit idea of subverting the Government by violent means.
 With an intention to create public disorder, Citizens can criticize the Government
as long as they are not inciting people to violence against the Government.
 Supreme Court upheld the validity of Section 124A, it limited its application to
acts involving intention or tendency to create disorder, or a disturbance of law and
order, or incitement to violence.

Balwant Singh and Anr v. State of Punjab [14]

 After the assassination of Prime Minister Indira Gandhi, the accused had raised
the slogan “Khalistan Zindabad” outside a cinema hall.
 It was held that two individuals casually raising slogans could not be said to be
exciting disaffection towards the Government. Section 124A would not apply to
the circumstances of this case.

Romesh Thapar v. State of Madras [15]

 The petitioner contended before the Supreme Court that the said order of banning
his paper ‘Cross Roads’ by the Madras State.
 It has contravened his Fundamental Right of freedom of speech and expression
conferred on him by Article 19(1) of the Constitution.
 The Supreme Court held that the Article 19(2) where the restriction has been
imposed only in the cases where problem to public security is involved. Cases
where no such problem could arise, it cannot be held to be constitutional and valid
to any extent.
  Supreme Court quashed the order of Madras State and allowed the application of
the petitioner under Article 32 of the Constitution.

The following acts are not considered seditious

 Improvement or alteration by lawful means with the disapproval of the measures of

government.
 The strong words which are expressing disapprobation of actions of the Government
and not encouraging those feelings which generate public disorder by acts of
violence.
 To improve the condition of the people or to secure the alteration of those acts by
lawful means without the feelings of enmity and disloyalty which involve excitement
to public disorder or the use of violence.

National Crime Records Bureau Statistics on Sedition

When all the crimes are committed against the state or government, it disturbs public order.
According to the data from 2014-2016 of NCRB, 165 people were arrested on the charge of
sedition. During 2014, 47 cases were reported under sedition. Of the total sedition cases,
Jharkhand and Bihar have reported 18 cases and 16 cases respectively. Besides, 5 cases in
Kerala, 2 cases each in Andhra Pradesh, Assam, Chhattisgarh and Himachal Pradesh were
also reported during 2014.

According to the NCRB, the latest crime data shows the cases of sedition fell from 2014 to
2015. A total of 30 sedition cases were registered in 2015, less than in 2014. Tamil Nadu
topped the list for committing the crime against state including sedition. Of the 6,986 cases
were registered in 2016, 1,827 cases were reported from Tamil Nadu, followed by U.P.
1,414, Haryana 1,286 and Assam 343 cases. In the last three years across the country, 165
people were arrested on the charge of sedition. According to the reports of NCRB, 111
people were arrested in four state i.e., 68 in Bihar, 15 in Haryana, 18 in Jharkhand and 10
in Punjab.
Conclusion
Sedition is the serious offence in the violation of Article 19. So there is a need that sedition laws
should have expressly contained words which satisfied the restrictions of Article 19(2). The
purpose of restricting speech under Sedition Act is the protection of National Security. Sedition
laws should be interpreted and applied according to the guidelines given by the Supreme Court.

SHORT NOTES
CONTEMPT OF COURT
It is a creature of common law and is an offence. Contempt is such conduct of a person
which is likely to prejudice the fair trial or cause interference in the exercise of judicial
power. It helps to maintain a law and order and aims at protecting the authority of the
judiciary. It has been defined for the first time by The Contempt of Courts Act,1971.
Essentially the definition under the act is more of a classification of the term “contempt of
court” as it has been defined as “means Civil Contempt or Criminal Contempt”
TYPES OF CONTEMPT OF COURT:
The object of every type of contempt of court is to ensure that the administration of the
justice is upheld. The contempt of court has been classified under following two heads
under the contempt of court act, 1971:
1. Civil contempt
2. Criminal contempt

CIVIL CONTEMPT- It has been defined under the act as “willful disobedience to any
judgement, decree, order or other processes of a court or willful breach of an
undertaking given to a court.” The term “willful” means doing an act voluntarily which
is forbidden by the law or omission to do something which law requires a person to
do. Its purpose is to compel a party to obey the order of decree of the court which is
made against him. It is essentially of private nature and it is for the benefit of the
party in whose favour the order is passed.
Some of the instances of civil contempt are:
1. When a person gives an undertaking to the court then he is bound to comply with
it. If he breaks it then he will be liable for the civil contempt.
2. An officer who refuses to serve the summons upon his subordinate commits civil
contempt unless it is due to non-availability of such subordinate.
3. An injustice grant against municipal corporation is binding on all its officers and if
such officers disobey it even though they were not parties to the suit, they will be
liable for the contempt.
 4. When a police officer disobeyed the bail order and did not release the arrested
person despite the bail order being produced before him was held liable for civil
contempt.
5. Where a person gives an undertaking to the court on the basis of certain
assumptions which are false according to his knowledge, he will be guilty of
misconduct amounting to contempt.

CRIMINAL CONTEMPT
It has been defined under the act as “the publications (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-

 Scandalizes or tends to scandalize, or lowers or tends to lower the authority of,

any court.
 Prejudices, or interferes or tend to interfere with, the due course of any
judicial proceeding
 Interference or tends to interfere with or obstructs or tends to obstruct, the
administration of justice in any other manner.
a) SCANDALIZING THE AUTHORITY OF COURT-
This concept of scandalizing has been borrowed from the English law. Any act or
publication by which the authority of the court is lowered constitutes Criminal
Contempt. The rationale of this offence has been laid down in the Re Arundati Roy. “To
restore the confidence of people in independence of judiciary and such confidence
cannot be tarnished or wiped out by the behavior of any person”.
This covers the publication made against the act done by the “judge as judge” and does
not cover the averments made against the private acts of a judge, which are outside the
scope of his duty. The main objective is to protect and upload the authority of the court.
Any publication which deters the prospective litigants from relying upon the
administration of justice by the court or creates an apprehension in the minds of the
public about the ability or fairness of a judge constitutes the offence of criminal
contempt by scandalizing the authority of the court.
b) INTERFERENCE WITH THE COURSE OF JUDICIAL PROCEEDING-
This provision is based on the principle that “every accused has a right to fair trial”.
There are multiple ways by which there could be interference in a fair trial and media
trial is one such way. It is not necessary that there is actual interference with the course
of judicial proceeding but any act which is likely to interfere with it also continues
criminal contempt.
c) INTERFERENCE WITH THE ADMINISTRATION OF JUSTICE-
 For the administration of justice it should be insured that the public has unhindered
access to the courts for the determination of disputes relating to their rights and
liabilities and one such dispute is submitted to the court, they should be able to rely
upon the courts there is no interference of any other person.

Instances of interference with the administration of justice-

1. A person who causes a disturbance in the court by talking loudly In the court and
defies the authority of police who asks him to remain silent on court’s order
amounts to interference with the administration of justice.
2. A tenant repeatedly gave false affidavit before the court that he had vacated the
premises which he is actual had not. His conduct was held to be impeding the
administration of justice and hence constituted criminal contempt.

Essentials
The elements generally needed to establish a contempt are:
1. The making of a valid court order.
2. Knowledge the order by respondent.
3. Ability of the respondent to render compliance.
4. Willful disobedience of the order.

Exceptions to Contempt of Court

 Making a statement without knowing that the case was pending with the court.
 Making a statement on a case that is not pending in the court,
 A Fair criticism on the judicial proceedings
 Distributing material without knowing that it contains a contempt for the court,
 A true report on the judicial proceedings
 Complaint against the presiding officers of subordinate courts to superior courts in
good faith.
Contempt Procedure
When it is alleged, or appears to the Supreme Court or the High Court upon its own view,
that a person has been guilty of contempt committed in its presence or hearing, the court
may cause such person to he detained in custody, and, at any time before the rising of the
court, on the same day, or as early as possible thereafter, shall-
(a) Cause him to be informed in writing of the contempt with which he is charged.
(b) Afford him an opportunity to make his defence to the charge,
(c) After taking such evidence as may be necessary or as may be offered by such person
and after hearing him, proceed, either forthwith or after adjournment, to determine the
matter of the charge
 (d) Make such order for the punishment or discharge of such person as may be just.
Punishment for contempt of court
Person alleged with contempt of court is informed, given opportunity for defense,
punished or discharged.
Every case of criminal contempt under section 15 shall be heard and determined by a
bench of not less than two judges. However, a single judge can also deal with criminal
contempt committed in facie curium; In re: court on its own motion.
No court shall initiate any proceedings if contempt, either on its own motion or
otherwise, after the expiry of a period of one year from the date on which the contempt
is alleged to have been committed.
The court is guided by its own procedure to be followed in the facts and circumstances of
each individual case and to see that the condemner is getting full opportunity to make his
defence.
A contempt of court may be punished with simple imprisonment for a term which may
extend to six months, or with fine which may extend to two thousand rupees, or with
both.
Apology
The accused may be discharged or the punishment awarded may be remitted on apology
being made to the satisfaction of the court. The court can, even when accepts the
apology, commit an offender to prison or otherwise punish him.

RIGHT TO PRIVACY
The right to privacy refers to the concept that one's personal information is protected from
public scrutiny. U.S. Justice Louis Brandeis called it "the right to be left alone." While not
explicitly stated in the U.S. Constitution, some amendments provide some protections.

The right to privacy most often is protected by statutory law. For example, the Health
Information Portability and Accountability Act (HIPAA) protects a person's health information,
and the Federal Trade Commission (FTC) enforces the right to privacy in various privacy policies
and privacy statements.

The right to privacy often must be balanced against the state's compelling interests, including
the promotion of public safety and improving the quality of life. Seat-belt laws and motorcycle
helmet requirements are examples of such laws. And while many Americans are quite aware
that the government collects personal information, most say that government surveillance is
acceptable.
Constitutional rights
The right to privacy often means the right to personal autonomy, or the right to choose
whether or not to engage in certain acts or have certain experiences. Several amendments to
 the U.S. Constitution have been used in varying degrees of success in determining a right to
personal autonomy:

 The First Amendment protects the privacy of beliefs

 The Third Amendment protects the privacy of the home against the use of it for housing
soldiers
 The Fourth Amendment protects privacy against unreasonable searches
 The Fifth Amendment protects against self-incrimination, which in turn protects the privacy of
personal information
 The Ninth Amendment says that the "enumeration in the Constitution of certain rights shall not
be construed to deny or disparage other rights retained by the people." This has been
interpreted as justification for broadly reading the Bill of Rights to protect privacy in ways not
specifically provided in the first eight amendments.
The right to privacy is most often cited in the Due Process Clause of the 14th Amendment,
which states:

No state shall make or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any state deprive any person of life, liberty, or property,
without due process of law; nor deny to any person within its jurisdiction the equal protection of
the laws.
However, the protections have been narrowly defined and usually only pertain to family,
marriage, motherhood, procreation and child rearing.

For example, the Supreme Court first recognized that the various Bill of Rights guarantees
creates a "zone of privacy" in Griswold v. Connecticut, a 1965 ruling that upheld marital privacy
and struck down bans on contraception.
The court ruled in 1969 that the right to privacy protected a person's right to possess and view
pornography in his own home. Justice Thurgood Marshall wrote in Stanley v. Georgia that, " If
the First Amendment means anything, it means that a State has no business telling a man,
sitting alone in his own house, what books he may read or what films he may watch."
The controversial case Roe v. Wade in 1972 firmly established the right to privacy as
fundamental, and required that any governmental infringement of that right to be justified by a
compelling state interest. In Roe, the court ruled that the state's compelling interest
in preventing abortion and protecting the life of the mother outweighs a mother's personal
autonomy only after viability. Before viability, the mother's right to privacy limits state
interference due to the lack of a compelling state interest.
In 2003, the court, in Lawrence v. Texas, overturned an earlier ruling and found that Texas had
violated the rights of two gay men when it enforced a law prohibiting sodomy.
Justice Anthony Kennedy wrote, "The petitioners are entitled to respect for their private lives.
The State cannot demean their existence or control their destiny by making their private sexual
conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to
engage in their conduct without intervention of the government."
Access to personal information
A person has the right to determine what sort of information about them is collected and how
that information is used. In the marketplace, the FTC enforces this right through laws intended
to prevent deceptive practices and unfair competition.

The Privacy Act of 1974 prevents unauthorized disclosure of personal information held by the
federal government. A person has the right to review their own personal information, ask for
corrections and be informed of any disclosures.

The Financial Monetization Act of 1999 requires financial institutions to provide customers with
a privacy policy that explains what kind of information is being collected and how it is being
used. Financial institutions are also required to have safeguards that protect the information
they collect from customers.

The Fair Credit Reporting Act protects personal financial information collected by credit
reporting agencies. The act puts limits on who can access such information and requires
agencies to have simple processes by which consumers can get their information, review it and
make corrections.

Online privacy
Browsers and social media platforms, such as Facebook and Twitter, allow users to choose
levels of privacy settings, from share everything to only share with friends to share only the
minimum, such as your name, gender and profile picture. Protecting personally identifiable
information is important for preventing identity theft.
The Children's Online Privacy Protection Act (COPPA) enforces a parent's right to control what
information websites collect about their children. Websites that target children younger than
13 or knowingly collect information from children must post privacy policies, get parental
consent before collecting information from children, allow parents to decide how such
information is used and provide an opt-out option for future collection of a child's information.

Right of publicity
Just as a person has the right to keep personal information private, he or she also has the right
to control the use of his or her identity for commercial promotion. Unauthorized use of one's
name or likeness is recognized as an invasion of privacy.

There are four types of invasion of privacy: intrusion, appropriation of name or likeness,
unreasonable publicity and false light. If a company uses a person's photo in an ad claiming that
the person endorses a certain product, the person could file a lawsuit claiming
misappropriation.
Movable boundaries
The Supreme Court approaches the right to privacy and personal autonomy on a case-by-case
basis. As public opinion changes regarding relationships and activities, and the boundaries of
personal privacy change, largely due to social media and an atmosphere of "sharing," the
definition of the right to privacy is ever-changing.

FREEDOM OF PRESS IN INDIA

Indian Prime Minister Shri Atal Bihari Vajpayee spoke at the opening ceremony of the
World Congress of the International Press Institute (IPI), Jan 26-29, 2001, “A free and
responsible press is an important pillar of the republican architecture, as essential for a
healthy democracy as the legislature or the judiciary.” IPI chairman Hugo Bütler
reaffirmed this view in his speech when he quoted Mahatma Gandhi. “Liberty of speech
means that it is unassailable even when the speech hurts,” Bütler said.
Mahatma Gandhi, who was an eminent journalist in his own right, said, “ The sole aim of
journalist should be service. The newspaper press is a great power, but just as unchained
torrent of water submerges the whole countryside and devastates crops, even so an
uncontrolled pen serves but to destroy. If the control is from without, it proves more
poisonous than want of control. It can be profitable only when exercised from within.”
Pandit Jawaharlal Nehru while defending press freedom, warned of the danger if it is used
irresponsibly, “If there is no responsibility and no obligation attached to it, freedom
gradually withers away. This is true of a nation’s freedom and it applies as much to the
Press as to any other group, organisation or individual.”
A free and vigilant Press is vital to restrain corruption and injustice at least to the extent
that public opinion can be roused as a result of press investigations and comments.
Information is indispensable for the functioning of a true democracy. People have to be
kept informed about current affairs and broad issues — political, social, and economic.
Free exchange of ideas and free debate are essentially desirable for the government of a
free country.
Press in India has a special role to play as the guardian of democracy. If functions as an
extra parliamentary opposition to strengthen the roots of democracy and democratic
institutions and to keep the government in check. It has to guard against the erosion of
democratic values and create a vocal public opinion for realising the goal of social and
economic justice. Most of the raw material for parliamentary questions, motions, and
debates comes from the daily press and this is an important tool on which a member
often relies. In fact, it is generally the press that provides the background needed to bring
the work of Parliament in tune with the demands of time.
Freedom of the Press is controlled by the nature of ownership. Some editors and
journalists cannot have adequate freedom of collecting and disseminating facts and
offering comments as they are under the pressure of the capitalist owners. It is further
pointed out that free collection and dissemination of facts is not possible in the case of
newspapers which depend to a large extent on revenue from advertisements as the
advertising interests cannot but influence the presentation of news and comments.
A persistent attempt to curb Press freedom how ever began from 1969 when Indira
Gandhi felt that the Press was too critical of her ways and she sought to change its
approach. Freedom of the press suffered during the emergency. ‘Prevention of
Publication of Objectionable Matters Act in 1976’ tried to control the press with threat of
punishment. After the emergency, the changed government repealed the act in 1977.
From 1980 struggle between the press and the government worsened. In different states
it had the same repercussions. In Karnataka major daily offices were blocked so as to
prevent their publication on one day and the police practically pleaded helplessness to do
anything about the matter. Another former chief Minister compared the press to snakes
and scorpions.The Tamil Nadu Government adopted stringent measures and made the
“scurrilous” writing a non-bailable offence and also one where imprisonment on
conviction is made obligatory as a punishment.
The then Prime Minister Indira Gandhi herself clearly ruled out giving autonomy to All
India Radio. She stated that All India Radio is “a Government organ, it is going to remain a
Government organ… It is there to project Government policies and Government views. It
does not mean we do not give the views of other people, but primarily its function is
there to give the views of the Government of India”. The Prime Minister justified this by
stating that “in no country in the world, in no developing country, do they even allow
anybody else to appear or any other viewpoint to be projected’.
Though the Janata Government appointed B. G. Verghese Committee to examine this
question, and the Committee recommended the setting up of an autonomous body for
taking charge of broadcasting, the Janata Government, and also the short-lived Lok Dal
Government, took no steps to pursue this recommendation and to make All India Radio
autonomous and largely free of Government control. This is an adequate indication of the
battles that may always have to be fought, whichever party is in power, to ensure that
media of mass communication are permitted to operate freely.
The struggle is on the rise. Now what is spoken about is “Freedom with Responsibility,”
and “Autonomy with accountability”.
Threats to Press Freedom
 Press Council has enacted procedures to check the threats to press freedom in India.
Different activities of the interest groups threatening the freedom of the press, and to
make the press to act according to their wishes are:
• Attacking media offices, media personnel, blocking the activities
• Refusing access to information
• Fabricating cases against media professionals
• Harassing and victimizing journalists
• Seizing camera and destroying film by police from a Press Photographer
• Disaccrediting and withdrawing of housing facilities from media professionals
• Favors to media professionals.
• Control over issue of newsprint,
• Control over Electricity supply
Government Control through Discrimination
Revenue from advertisements is the blood of any media organization. The giving or withholding
of advertisements, whether by individuals or by the government as a lever to influence the
editorial policy constitutes a threat to and jeopardises the liberty of the Press. This is especially
so in case of the government since it is the trustee of public funds and, therefore, bound to
utilise them without discrimination.
Advertisements, from any party including the government cannot be claimed as a matter of
right by a newspaper. Government can frame its policy of placing advertisements based on
objective criteria. But this should be based upon publicly stated principles without taking into
consideration the editorial policy of the paper.
If an editor is found guilty of an action, he can be proceeded against personally but this would
not justify denial of advertisements to the paper of which he happens to be the editor. This
applies to an employee or even the proprietor of a newspaper.
IMPORTANCE OF FREEDOM OF PRESS IN DEMOCRACY
An independent press is one of the essential pillars of a democracy, and we need to support
journalists and whistleblowers alike to protect it, says lawyer and free press advocate Trevor
Timm.

The First Amendment of the US Constitution is only 45 words, but it packs a punch. It protects
free speech and a free press in America (in addition to religion, assembly and petition); without
it, the country would look completely different. “The First Amendment is the safety valve of our
democracy,” says US free press advocate Trevor Timm (TED Talk: How free is our freedom of
the press?). “It has always been the bulwark against secret government, against
authoritarianism and against tyranny.”
Americans take great pride in their press freedom. But the truth is, it’s under attack. This trend
goes beyond the current president and his administration branding credible news outlets as
“fake news” and threatening journalists and leakers with lawsuits. What’s perhaps less widely
known is the Obama administration’s prosecution of a record eight whistleblowers for leaking
government secrets to the media. Journalists are also increasingly being stopped and searched
at US borders, and they’ve recently been arrested for covering protests at the inauguration and
at Standing Rock. For these reasons, the US ranks number 43 out of 180 countries on the World
Press Freedom Index. That’s right — 42 countries, including Ghana, South Africa and Jamaica —
are judged by Reporters Without Borders to have greater press freedom than the United
States, whose freedom is enshrined in its most important document.

Timm, a lawyer and a TED Fellow, runs the Freedom of the Press Foundation, a nonprofit
organization that defends journalists through Internet advocacy, crowdfunding campaigns
and tools to protect reporters and their sources (including SecureDrop, a safe way for
whistleblowers to send information to journalists). The Foundation’s newest tool is the US
Press Freedom Tracker, which monitors violations in the US. Here, Timm shares a brief
overview of press freedom in America and explains why government whistleblowers are so
vital to an independent press.

The US owes its existence in part to a free press - “Some of the most important voices before
and during the American Revolution were anonymous pamphleteers who were writing under
pseudonyms, talking about the crimes of the British government,” Timm says. Speeches,
pamphlets and newspapers were critical in informing and galvanizing public support for the
revolt. And because a free press was so pivotal in their efforts to overthrow British rule, the
Founding Fathers decided to protect that right with the First Amendment, ratified in 1791.

But the rights protected by the First Amendment have never been absolute- US history has
been marked by an ongoing conflict between the government’s attempts to strengthen and
protect itself and the press’s attempts to scrutinize and report on the government. Along the
way, the US government has scored some key victories in stifling the press. The Sedition Act of
1798 made it criminal to criticize high-ranking government officials; anti-war activists during
WWI were jailed; and FDR created an Office of Censorship during WWII in an attempt to control
the media narrative around the war effort. However, a number of Supreme Court cases in the
20th century were able to establish robust legal protections for the press. These cases
include Near vs. Minnesota (1931), which held that it was largely unconstitutional for a
government to censor the press, and New York Times v. United States (1971), which ruled that
the Nixon Administration could not use vague pronouncements of “national security” to censor
the publication of the Pentagon Papers.

“Fake news” is more than an insult — it hampers the press in its efforts to protect the public-
Thomas Jefferson famously mused that he’d rather have newspapers without a country than a
country without newspapers, and for good reason. An independent press ensures that citizens
stay informed about the actions of their government, creating a forum for debate and the open
exchange of ideas. And the press also occupies another critical role: watchdog. “We’re in a
situation now where one party controls three branches of the government, so the fourth
estate, the press, is really the last mechanism that the public has to force accountability on
government,” Timm says. But if people don’t believe the mainstream media can be trusted,
then they won’t believe journalists if they publish evidence of corruption or illegal activity by
the government. That’s the troubling situation we could find ourselves in if “fake news”
becomes shorthand for reporting that the government doesn’t agree with.

The press relies on whistleblowers to help keep the government in check-Consider some of
the most explosive political scandals of the last 50 years, from Watergate to the Pentagon
Papers to the CIA torture program in the early 2000s. “The only reason that reforms were made
is because investigative reporters talked to whistleblowers in the government and published
information the government tried to keep secret,” Timm says. In the last few months, we’ve
witnessed a deluge of leaks from within the White House, some of which have aimed to
highlight potential conflicts of interest or possible corruption. While the administration has
threatened both the whistleblowers as well as the journalists who’ve spoken to them, Timm
says these types of leaks are essential to a healthy democracy. “We understand the press will
make the lives of our leaders a little bit harder,” he says. “But that is as intended.” Critics claim
that leaks can jeopardize national security and imperil American lives. But responsible news
organizations operate according to ethical standards, consulting with government officials
before releasing sensitive information and refraining from publishing stories that would cause
the public more harm than good.

In recent years, the US government has taken legal action against journalists’ sources -Recent
whistleblowers have been prosecuted under the Espionage Act of 1917, a law passed during
WWI to prevent insubordination and the disclosure of military secrets to foreign enemies. From
1917 until 2009, only one government whistleblower was convicted under this law. But from
2009 to 2016, the Obama administration used it to prosecute eight whistleblowers, including
Chelsea Manning and Edward Snowden, and many predict that the law will continue to be used
aggressively against sources. The Espionage Act has been called unconstitutional by the
ACLU because it is selectively used against leakers who depict the government in bad light and
it does not allow for whistleblowers to argue in court for the public interest served by the
release of leaked information. Ultimately, says Timm, the increasing use of the Espionage Act
makes sources less likely to approach journalists with classified information, even if it would
benefit the general public, for fear of being jailed.

The Espionage Act could be deployed against reporters, too-Nixon tried and failed to use the
Espionage Act against the New York Times for publishing the Pentagon Papers. But the narrow
Supreme Court ruling in that case leaves open the possibility that it could one day be used to
criminally prosecute journalists for publishing leaks, says Timm. “There have been a half-a-
dozen cases over the past 50 years of administrations threatening to use the Espionage Act
directly against reporters for publishing stories about national security, and they’ve never fully
gone down that path,” he says. “But it’s always been a cloud that has loomed over journalists.”
A new database keeps tabs on press freedom in the US- While Timm and other media
observers sensed that free press violations have been increasing over the past decade, no one
was actually keeping a record. Now for the first time, the US Press Freedom Tracker will
comprehensively count and document press freedom violations in America, including reporter
arrests, border stops and court orders for surveillance. “We want to raise awareness about how
it’s not just journalists who are affected by the erosion of press freedom rights,” Timm says,
“it’s really the public that ultimately suffers.”

Despite mounting challenges, journalists must continue to keep the public informed- “The
press should always be antagonistic and aggressive and not kowtow to any administration, no
matter what party they’re part of,” Timm says. “So in some ways, Trump has brought out the
best in journalism.” He adds that Americans should feel “incredibly lucky” to have the First
Amendment enshrined in the nation’s Constitution — “hardly any other countries in the world
have such a clause.” Now it’s up to all of us to continue to appreciate this freedom and demand
that it remains protected.

RIGHT TO INFORMATION ACT 2005

The date of 12th October 2005 shall be remembered as a new era of empowerment for the
common man in India. It is applicable everywhere except the state of Jammu and Kashmir. This
law was passed by Parliament on 15th June 2005 and came fully into force on 12th October
2005. Information disclosure in India was restricted by the Official Secrets Act 1923 and various
other special laws, which the new RTI Act now relaxes.

The effective date is often incorrectly referred to as 13th October 2005. But, since the Act came
into force on the midnight between the 12th and 13th, therefore, the official date is 12th
October 2005.

An Act to provide for setting out the practical regime of right to information for citizens to
secure access to information under the control of public authorities, in order to promote
transparency and accountability in the working of every public authority.

Citation: Act No. 22 of 2005

Territorial extent: Whole of India except the State of Jammu and Kashmir
Enacted by: Parliament of India;

Date enacted: 15-06-2005;

Date assented to: 15-06-2005; Date commenced:15-06-2005

RTI act 2005 is a law enacted by the parliament of India, giving citizens of India access to
records of the central government and state governments. The Act applies to all States and
Union Territories of India, except the state of Jammu and Kashmir – which is covered under a
State-level law. Under the provisions of the Act, any citizen (including the citizens within J&K)
may request information from a “public authority” (a body of government) which is required to
reply within thirty days.

The Act also requires every public authority to computerize their records for wide
dissemination and to proactively publish certain categories of information so that the citizens
need minimum recourse to request for information formally. Thus, the Right to Information Act
is a codification of the important fundamental right (Article 19) of citizens. The Act and its rules
define a format for requisitioning information, a time period within which information must be
provided, the method of giving the information, some charges for applying, and list of
organizations exempted from giving information.

The Right to Information Act 2005 (RTI) is applicable to all constitutional authorities, including
the executive, legislature and judiciary; any institution or body established or constituted by an
act of Parliament or a state legislature. It is an Act of the Parliament of India “to provide for
setting out the practical regime of right to information for citizens.” Jammu and Kashmir has its
own act called Jammu & Kashmir Right to Information Act, 2009.

The formal recognition of a legal Right to Information in India occurred more than two decades
before legislation was finally enacted, when the Supreme Court of India ruled in State of U.P. v
Raj Narain that the Right to Information is implicit in the right to freedom of speech and
expression explicitly guaranteed in Article 19 of the Indian Constitution. Subsequently, the
Court has affirmed this decision in numerous cases and has even linked the Right to Information
with the right to life enshrined in Article 21 of the Constitution.

On 16th December 2002, the Bill for Freedom of Information was passed after several changes
were made for its improvement. The Bill is in accord with both Article 19 of the Constitution as
well as Article 19 of the Universal Declaration of Human Rights. Regarding the penalty for
those officials who refuse information, as per the Bill’s provisions, that the CCS Conduct Rules
would be amended for disciplinary action against such officials. Out of 200 countries, only 20
have laws for Freedom to Information. Bill will enable the citizens to have an access to
information on a statutory basis. The Bill specifies that every citizen shall have the right to
freedom of information. An obligation is cast upon every public authority to provide
information and to maintain all records consistent with its operational requirements duly. The
Bill provides for the appointment of one or more officers as Public Information Officers to deal
with requests for information.

The primary stakeholders in RTI are –

1. Citizens;
2. Public Authorities comprising of Public Information Officers and the Appellate; and
3. Central and State Information Commissions.
One important task of the State both at center as well as at the state level is to appoint the
Chief Information Commissioners and other Commissioners and it is clearly stated in the act
that those people who will be appointed for these positions should have the background of
social Service, journalism, academics, jurist etc.

Definition of RTI in Legal Terms-

Section 2(f) of the RTI Act defines Information as:

“Information” means any material in any form, including records, documents, memos, e-mails,
opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples,
models, data material held in any electronic form and information relating to any private body
which can be accessed by a public authority under any other law for a time being in force.

Right to Information (RTI) is defined under Section 2(j) as:

“Right to Information” means the Right to Information accessible under this Act which is held
by or under the control of any public authority and includes the right to-
i. Inspection of work, documents, records;
ii. Taking notes, extracts, or certified copies of documents or records;
iii. Taking certified of materials;
iv. Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any
other electronic mode or through printouts where such information is stored in a computer or
in any other device.

The Importance of RTI –

At the price of ₹10, it provides the facility for citizens to get information and the government’s
actions and decisions.

If a thousand citizens spend about ₹70 per month (if you send your application by registered
post or courier, the extra cost will be about 10 to 25₹. The cost getting the information of about
five pages would be ₹10. Even if you add the postage cost of getting the information the total
will be about ₹70) and about an hour in their own house they can file a new RTI application and
get information about matters, which concern them.

The law mandates that the information has to be given within 30 days.

The power of getting accountability, reducing corruption, impacting policy decisions and
ensuring better governance is now with us. We missed our opportunity in 1950, but have
another chance now. You individually can make a big contribution to getting the Nation we
want. A small effort from our own house can bring Swaraj.
The RTI stipulates the following –

1. A time period within which information must be provided, namely 30 days.

2. Method of giving information.

3. Ten exemptions of information –

Section 8(1) – “Which will not be given.”

However, Section 8(2) specifies that “if there is great public interest in disclosure, all
information must be given, even if it exempt.”
Citizens can ask information by getting Xerox copies of documents, permissions, policies, and
decisions. Inspections of files can also be done and samples can be asked.

All administrations offices of public authorities have to appoint ‘Public Information Officers’
(PIO) or ‘Assistant Public Information Officers’ (APIO). Citizens apply for information to the
Public Information Officer of the concerned office.

If the information is not provided or wrongly refused, the citizen can go in appeal to an Appellate
Authority who would be an official in the same department, senior to the PIO. The Appellate
Authority has to give a decision in 30 days. If this too does not give a satisfactory result, one can
appeal, to the State or Central Information Commissioner, which is an Independent
Constitutional Authority, established under the Act.

The Act provides for a penalty for a delay on the POI at a rate of ₹250 per day of delay, or for
mala fide denial of information, or giving false information. In case of information being
delayed, no charges for information are to be paid.

Cases related to RTI –

1. State of U.P. vs Raj Narain case (1975) 4 SCC 428 (landmark case)

It was held that “In a government of responsibility like ours, where all the agents of the public
must be responsible for their conduct, there can be but few, secrets. The people of this country
have a right to know every public act, everything that is done in a public way, by their public,
functionaries. They all entitled to know the particulars of every public transaction in all its
bearing.”

2. People’s Union for Civil Liberties vs Union of India (AIR 2004 SC 1442)
Justice S.B. Sinha and Justice B.M. Khare

It was held that “Right to Information is a facet of the freedom of ‘speech and expression’ as
contained in article 19(1) (a) of the constitution of India. Right to Information, thus,
indisputably is Fundamental Right.”

3. Govt. of India vs The Cricket Association of Bengal (1995) 2 SCC 161.

The Supreme Court says that “the freedom of speech and expression includes right to acquire
information and disseminate it. It enables people to contribute to the debate on social and
moral issues. Right to freedom of speech and expression means right to education, to inform, to
entertain and right to be educated, informed and entertained. Right to telecast is, therefore,
within the ambit of Article 19 (1) (a).”

Apart from these leading cases, there are many cases where a person’s right to know and right
to information have been upheld. The purpose of discussing all these is to show that we already
have the right to information as guaranteed by Article 19(1) (a) of the Constitution of India.
Moreover, as an extended part of the freedom of speech and expression, the right to know and
to be known is our Fundamental right.

Interrelation of RTI with other reforms –

1. Constitution and Right to Information:

As a result of the Indian national movement against the British imperialist colonial rule, the
liberal democratic political system with a written Constitution includes rule of law, social
justice, development, adult franchise, periodic elections, a multiparty system has come into
existence. For the transparent functioning of the democratic political system, the founding
fathers of the Constitution included the provisions of the right to expression in part three of the
Constitution in the fundamental rights. While there is no specific right to information or even
right to freedom of the press in the Constitution of India, the right to information has been read
into the Constitutional guarantees which are a part of the Chapter on Fundamental Rights.

The Indian Constitution has an impressive array of basic and inalienable rights contained in
Chapter Three of the Constitution. These include the Right to Equal Protection of the Laws and
the Right to Equality Before the Law (Article 14), the Right to Freedom of Speech and
Expression (Article 19 (1)(a)) and the Right to Life and Personal Liberty (Article 21). The Right to
Constitutional Remedies in Article 32, backs these that is, the Right to approach the Supreme
Court in case of infringement of any of these rights. These rights have received dynamic
interpretation by the Supreme Court over the years and can truly said to be the basis for the
development of the Rule of Law in India.

As pointed out by H.M. Seervai, “Corruption, nepotism and favoritism have led to the gross
abuse of power by the Executive, which abuse has increasingly come to light partly as a result of
investigative journalism and partly as a result of litigation in the Courts”. The legal position with
regard to the right to information has developed through several Supreme Court decisions
given in the context of all above rights, but more specifically in the context of the Right to
Freedom of Speech and Expression, which has been said to be the adverse side of the Right to
Know, and one cannot be exercised without the other.

The interesting aspect of these judicial pronouncements is that the scope of the right has
gradually widened, taking into account the cultural shifts in the polity and in society. The
development of the right to information as a part of the Constitutional Law of the country
started with petitions of the press to the Supreme Court for enforcement of certain logistical
implications of the right to freedom of speech and expression such as challenging governmental
orders for control of newsprint bans on distribution of papers, etc. It was through these cases
that the concepts of the public’s right know developed.

2. Supreme Court and Right to Information:

For more than two decades, the Supreme Court of India has recognized the right to information
as a constitutionally protected fundamental right, established under the Article 19 (right to
freedom of speech and expression) and Article 21 (right to life) of the Constitution. The court
has recognized the right to access information from government departments is fundamental to
democracy.

Therefore, Justice K. K. Mathew of Supreme Court of India said that “In a government, where
all the agents of the public must be responsible for their conduct, there can be but few secrets.
The people have a right to know every public act, everything that is done in a public way, by
their public functionaries. The responsibility of officials to explain or to justify their acts is the
chief safeguard against oppression and corruption.”

3. The Indian Penal Code 1860 and Right to Information:

Though The Indian Penal Code 1860 does not deal explicitly with a citizen’s Right to
Information, it however contains various provisions which have close bearing on the
responsibility of a public servant to provide correct information to the public, failing which the
public servant concerned is liable to punishment for his acts of omission and commission in this
regard. The Section 21 of IPC defines a public servant to include such categories of persons as
every commissioned officer in the military, naval or air force of India, every judge, every officer
of a Court of Justice, every juryman, assessor or a member of Panchayat assisting a Court of
Justice or public servant, every arbitrator or other person to whom a cause or matter has been
referred for decision or report by a Court of Justice or by any other competent public authority,
every person who holds any office by virtue of which he is empowered to place or keep any
person in confinement, every officer of the Government whose duty it is, as such officer, to
prevent offenses and to give information of offenses.

Role of the government in RTI –

Section 26 of the Act enjoins the central government, as also the state governments of the Union
of India (excluding J&K), to initiate necessary steps to:

 Develop educational programs for the public especially disadvantaged communities on

RTI.
 Encourage Public Authorities to participate in the development and organization of such
programs.
 Promote timely dissemination of accurate information to the public.
 Train officers and develop training materials.
  Compile and disseminate a User Guide for the public in the respective official language.
 Publish names, designation postal addresses and contact details of PIOs and other
information such as notices regarding fees to be paid, remedies available in law if the
request is rejected etc.

Use of Technology in RTI –

For any program to scale up to a national level and across different demographic segments, a
technology-based approach is most effective. For RTI in particular, RTI being an information-
based system, the use of technology is not just preferable, but imperative. In national scale
programs, initiated by the central government, the typical approach is to allow every state to
create and deploy its own technology solution. This results in a plethora of issues, such as:

 Inadequacy of the state machinery with respect to technology know-how.

 Attempt to procure hardware and software rather than long-term solutions.
 Lack of intent for process improvement prior to deployment.
 Opaque systems for citizens and the central government.
 Lack of transparency in fund allocation and utilization.
 Lack of ownership for achieving the desired success.
 Dilution of the overall vision.

The use of technology, therefore, is not about deploying computers and connecting government
offices. It is more about how citizen requests can be captured and tracked, and how PA
responsiveness can be monitored, and all of this in the true spirit of the Act.

Besides citizens, technology also needs to become an enabler for PAs to be able to respond to
RTI requests on time as stipulated by the Act. When we all know that it is impossible for PAs to
become fully automated overnight, nor is there sufficient budget with them to automate several
decade old processes and records, is there a way in which they could still cope with the RTI
onslaught? Rollout of RTI cannot be successful unless PAs have the required means to fulfil
citizen expectations.

The key metrics for accelerating “Right to Information” in India –

There must be a consistent growth in RTI requests over the years with exponential growth in the
initial years.
This is because:

(1) RTI has been implemented primarily due to realization by the Government that transparency
and accountability generally lack in governance. By this rationale, a significant portion of the
population must necessarily be dissatisfied, hence should have the need to submit RTI queries if
given a chance.

(2) With increased transparency in governance, the information visible to the people will initially
result in more RTI queries, not less. This is because filing an RTI request is only a means and not
an end. Information will enable people to pursue their actual “ends” with government
organizations, which is extremely difficult today.

(3) A maturing democracy tends to be more aware and makes the government more answerable
and transparent.

The interpretation of the RTI Act must, to the extent possible under the Indian federal structure,
be consistent across central and state governments. This should be reflected in the nature of
responses made to RTI queries and appeals/complaints made to the Commission. This in turn
should be monitored in which requests complaints and appeals data is accurate and available
real-time.

The level of automation must see a steady increase across government organizations. This will
indicate theadoption of the RTI Act in letter and spirit by PAs. There should eventually be a
steady decline of appeals and complaints (in percentage terms). Government departments should
be able to resolve the majority of the RTI queries while ensuring satisfaction of the applicants.
The nature of RTI queries should see maturity over the years. This would be reflected in
information-based queries changing to analysis-based queries as a result of the basic information
being already available to the masses.

In the case of RTI, the citizen is central. RTI is “for, to and by” the citizen. As a result, the entire
RTI system needs to gravitate around the citizen, and not the other way round. This essentially
means the following:

 The citizen should be able to send a request in the same manner to all PAs;
 The citizen should not be required to decipher the government maze in order to reach the
specific PA in charge of the area of the RTI request;
 The citizen should be able to track the status of the request at any time.
 The PA/PIO not responding within the stipulated time should get exposed automatically.
 The identity of the citizen should be held anonymous to the PA. The SIC in the state for
state government PAs and the CIC for central government PAs should be able to see the
requests currently floating in the system.

Restrictions Imposed by the Act –

The Act itself is self-restrictive in nature. The Act does not make the Right to Information an
absolute right but imposes restriction on this right. Section 8(1) of the Act deals with exemption
from disclosure of information. The section says that notwithstanding anything contained in this
Act, there shall be no obligation to give any citizen, –

“(a) Information, disclosure of which would prejudicially affect the sovereignty and integrity of
India, the security, strategic, scientific or economic interests of the State, relation with foreign
State or lead to incitement of an offence;

(b) Information which has been expressly forbidden to be published by any court of law or
tribunal or the disclosure of which may constitute contempt of court;
(c)Information disclosure of which would cause a breach of privilege of Parliament or the State
Legislature;

(d) Information including commercial confidence, trade secrets or intellectual property, the
disclosure of which would harm the competitive position of a third party, unless the competent
authority is satisfied that larger public interest warrants the disclosure of such information;

(e) Information available to a person is his fiduciary relationship, unless the competent authority
is satisfied that the larger public interest warrants the disclosure of such information;

(f) Information received in confidence from foreign Government;

(g) Information, disclosure of which would endanger the life or physical safety of any person or
identify the source of information or assistance given in confidence for law enforcement or
security purposes;

(h) Information which would impede the process of investigation or apprehension or prosecution
of offenders;

(i)cabinet papers including records of deliberations of the Council of Ministers, Secretaries and
other officers ; Provided that the decisions of Council of Ministers, the reasons thereof, and the
material on the basis of which the decisions were taken shall be made public after the decision
has been taken, and the matter is complete, or over.”

Under Section 2(h) of the RTI Act ‘public authority’ means anybody or institution or Authority
constituted or established:

 By or under the Constitution of India;

 By any law made by the Parliament;
 By any law made by the State Legislature;
 By any notification issued by the appropriate government and includes;
 Body owned, controlled or substantially financed;
 NGOs established, financed (directly or indirectly) by the Government.

Restrictions Under Indian Law On Right To Know –

There are laws which are contrary to the right to know in India and need to be amended in order
to preserve the right to know. Sections 123, 124, and 162 of The Indian Evidence Act provide
to hold the disclosure of documents. Section 123 provides that any head of a department may
refuse to provide information on affairs of state and only swearing that it is a state secret will
entitle not to disclose the information. In a similar manner section, 124 states that no public
officer shall be compelled to disclose communications made to him in official
confidence. Section 162 provides court not to inspect a document relating to matters of state.

The Official Secrets Act as evident from its name, under section 5, provides that any
government official can mark a document as confidential so as to prevent its publication.
The challenges faced by the RTI Act –

The general awareness amongst people about the RTI Act and how it can be used for their
benefit is still low. Moreover, there is a lack of sincerity on the part of government officials in
disclosing information, who often threaten the applicant or refuse to provide information.
Additionally, the Information Commissioners have time and again cited the lack of manpower
required to comply with all the provisions of the Act.

Recently, the Union Cabinet was contemplating amendments to the RTI Act, which were
subsequently withdrawn after pressure from activists. The amendments, if cleared, would have
restricted the disclosure of file nothings in government departments under the RTI Act only to
the ones related to social and developmental issues.

Also, the selection process for appointments made to public offices would have been concealed
from the public. However, the very fact the such an amendment was even considered by the
government and moreover, the Supreme Court’s judgment in Namita Sharma’s case has set the
alarm bells ringing as far as the future of the RTI Act is concerned.

Information which is exempted from disclosure –

 Information, disclosure of which would prejudicially affect the sovereignty and integrity
of India, the security, “strategic, scientific or economic” interests of the State, relation
with foreign State or lead to incitement of an offense;
 Information which has been expressly forbidden to be published by any court of law or
tribunal or the disclosure of which may constitute contempt of court;
 Information, the disclosure of which would cause a breach of privilege of Parliament or
the State Legislature;
 Information including commercial confidence, trade secrets or intellectual property, the
disclosure of which would harm the competitive position of a third party, unless the
competent authority is satisfied that larger public interest warrants the disclosure of such
information;
 Information available to a person in his fiduciary relationship, unless the competent
authority is satisfied that the larger public interest warrants the disclosure of such
information;
 Information received in confidence from foreign Government;
 Information, the disclosure of which would endanger the life or physical safety of any
person or identify the source of information or assistance given in confidence for law
enforcement or security purposes;
 Information which would impede the process of investigation or apprehension or
prosecution of offenders;
 Cabinet papers including records of deliberations of the Council of Ministers, Secretaries
and other officers;
 Information which relates to personal information the disclosure of which has no
relationship to any public activity or interest, or which would cause unwarranted invasion
of the privacy of the individual (but it is also provided that the information which cannot
be denied to the Parliament or a State Legislature shall not be denied by this exemption);
  Notwithstanding any of the exemptions listed above, a public authority may allow access
to information, if public interest in disclosure outweighs the harm to the protected
interests. (NB: This provision is qualified by the proviso to sub-section 11(1) of the Act
which exempts disclosure of “trade or commercial secrets protected by law” under this
clause when read along with Section 8(1)(d))

Loopholes of RTI Act –

As much as the Act has empowered the citizen and given them a “weapon” to keep the public
officers in check, not everything about it is foolproof. The Act has flaws – Some of them in its
implementation, and some in its interpretations. There are also some specific problems with the
implementation of Acts in certain states. For instance, Chhattisgarh has increased the fee for an
RTI application to ₹ 500, placing it beyond the reach for a lot of people. This is despite the fact
that the Act stipulates a nominal fee.

There is hope though. The Whistleblowers Protection Bill is closely connected with the success
of the RTI Act, considering the increasing attacks on RTI Activists who have dared to register
complaints against corrupt politicians, and wilful misuse of power by them. The legislations to
protect whistleblowers, when enacted, shall provide safeguards to an RTI applicant.

Fallacy in the Act –

This act empowers the people to gather information. But the problem is that when 35% of the
population is illiterate, then how anyone could expect that people will demand information.The
act lacks necessary teeth for defaulters. In cases where information has been denied without
sufficient cause, the penalty is not so harsh enough so as to have a deterrent effect on those who
do not want to share information.

The official mindset is a very big obstacle in the progress of this act. No official in normal
condition wants to share information. They generally prefer not to share information, and
therefore people find it very difficult to secure information from them. The act itself provides for
several grounds on which the public information officer turn down the application. Although one
is allowed to appeal to next higher authority but this is just making the matter worse.bThe act
being based on computerized records of data, it may take a long time in computerization of such
vast data and therefore the doubt hangs over whether the act would be implemented in a time
bound manner.

Conclusion –

Until the introduction of the Right to Information Act, information was the property of those
people who are in the ruling side and secrecy was maintained. With the commencement of the
Act, now the people have got right to take, see, check and inspect any information, which is not
coming under the exemption list. But at the same time it require a lot of awareness campaign
among the people in order to utilize the act to combat the corruption and get the services of the
State, otherwise the present Right to Information Act 2005 will also become just like any other
act.
RTI can be termed truly successful only if it becomes “effective” in the true spirit of the Act –

 When there is easy and widespread access for filing RTI queries;
 When the masses are aware of the course and recourse they are entitled to;
 When the process becomes so easy that the poor and illiterate can also participate;
 When a PA can be challenged, but not the citizen who is seeking information;
 When all RTI queries can be tracked to completion with full accountability;
 When analysis of RTI queries can be done for improvement of governance;
 When PAs become proactive in sharing information without an RTI query;
 When transparency becomes visible in government, not just in the RTI process;
 When transparency in governance in India is recognized internationally.

The RTI Act has been lauded by democracy advocates all over the world, since it is at par (or
even better) than similar laws enacted in countries in the West. For instance, in the US and UK,
the respective information disclosure acts require the applicant to disclose his personal details,
whereas in India, no such details are required. The RTI Act is one of the legislation that is indeed
the pride of Indian democracy.

The RTI Act, as it stands today, is a strong tool to uphold the spirit of democracy. The need of
the hour is that the RTI Act should be implemented to ensure that the objects of the RTI Act are
fulfilled. Any attempt to dilute the provisions of the RTI Act will only quell its success. Since the
first step in cleansing any system is to expose its malaise, the same method needs to be followed
in RTI as well.

COPY RIGHT ACT

India is one of the largest producers and exporters of copyright materials. In order to protect
the authors and performers government enacted Copyright Act - 1957 (amended in 1999),the
Copyright Rules - 1958 (amended in 1995), and the International Copyright Order, 1999.

Copyright is a legal right to creators of literary, dramatic, musical and artistic works and
producers of cinematograph films and sound recordings. It gives them a blanket right over the
production, reproduction, adaptation and translation of the work. It also gives broadcasting
organizations ‘broadcast reproduction right’ and bestows on performers ‘performer’s right’.

Copyright piracy is a theft of the intellectual properties of a person, and therefore is a crime.
According to the National Crime Records Bureau there is a rise of awareness and action against
infringement of copyrights in India.

Situation in India

1997 1998
CASES REGISTERED 479 802
NUMBER OF PEOPLE 794 980
ARRESTED
VALUE OF SEIZURE 2.88 CRORE 7.48 CRORE

The overall piracy rate in India is 20 percent, which is lower than that exists in Russia and China.
Analysis of the data from IFPI and Nasscom, indicate that in 1996 the software piracy rate in
China and Russia is 96% and 91% respectively as compared to India’s 60%.

Extent (%) of Copyright violation in different countries

AUDIO PRODUCTS (1995) SOFTWARES (1996)

UNITED STATES 3.0 27.0
UNITED KINGDOM 1.0 34.0
INDIA 30.0 60.0
CHINA 54.0 96.0
RUSSIA 73.0 91.0

Securing the Copyrights

The copyright office, established in January 1958, registers different classes of works.

The Copyright Board, a quasi-judicial body, was constituted in September 1958 to settle
copyright disputes. The jurisdiction of the Copyright Board extends to the whole of India.

Copyright Enforcement Advisory Council (CEAC) set up on November 6, 1991 to further educate
people about copyrights through seminars.

Nodal Officers are designated to enforce copyright laws.

Adhering to the Copyright (Amendment) Act, 1994 separate copyright societies were set up for
Film, Music, and Sound Recordings.
Intellectual Property Rights are taught in the Universities.
Financial aid is given to copyright societies.

COPY RIGHT ACT

Copyright Act states that a work shall be published or performed in public, only with the license
of the owner of the copyright. In the case of a work of joint authorship, the conditions
conferring copyright specified in this sub-section shall be satisfied by all the authors of the
work.Copyright is defined as the exclusive right:
(a) in the case of a literary, dramatic or musical work,
· to reproduce the work in any medium
· to issue copies
· to perform in public
 · to translate
· to adapt
(b) in the case of a computer programme,
· to do any of the acts specified in clause (a)
· to sell or rent
(c) in the case of an artistic work,
· to do any of the acts specified in clause (a)
· to reproduce the work in different dimensions
(d) in the case of a cinematograph film,
· to make photographs from the original
· to sell or rent
· to communicate the film to the public;
(e) in the case of a sound recording
· to make any other sound recording embodying it;
· to sell or rent
· to communicate the sound recording to the public.
Ownership of the Copyright
Generally the author of a work shall be the first owner of the copyright. The author of a work
has the right to claim authorship of the work and to restrain or claim damages in respect of any
distortion, mutilation, modification or other acts in relation to the said work which is done
before the expiration of the term of copyright if such distortion, mutilation, modification or
other act would be prejudicial to his honour or reputation. Moral rights are available to the
authors even after the economic rights are assigned.
The author of a speech is the one generally who delivers it except when the speech is
given on behalf of someone. For example B writes a speech for A. Since A cannot give it
personally C delivers it. The author of the speech is Mr. A.
The owner may assign anyone or any organization the copyright partially or wholly, the full or
part term, with the territorial extent. The assignment of copyright in any work shall also specify
the amount of royalty payable, if any, to the author or his legal heirs during the currency of the
assignment and the assignment shall be subject to revision, extension or termination on terms
mutually agreed upon by the parties. If no specifics are mentioned in the terms, the copyright is
understood to be given for five years and within India.
The Copyright Board may cancel an agreement, if there is a complaint from the original author,
and it is proven that the person who has the copyright has not exercised the rights and broke
the terms.
The author of a work may relinquish all or any of the rights comprised in the copyright in the
work by giving notice in the prescribed form to the Registrar of Copyrights. The owner of the
copyright shall have a resale share right, a percentage fixed either by the parties involved or by
the Copyright Board.
Criteria for Getting a Copyright in India
In order to qualify for copyright the works, apart from being original, should also satisfy the
following conditions, (except in the case of foreign works.):
Ø The work is first published in India.
Ø Where the work is first published outside India the author, at the date of publication
must be a citizen of India. If the publication was made after the author’s death the
author must have been at the time of his death a citizen of India.
Ø In the case of unpublished work the author is on the date of making of the work a
citizen of India or domiciled in India.
Ø In the case of an architectural work of art, the work is located in India.
Copyright and Journalistic Writings
In the case of a literary, dramatic or artistic work made by the author in the course of his
employment by the proprietor of a newspaper, magazine or similar periodical under a contract
of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar
periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the
first owner of the copyright in the work in so far as the copyright relates to the publication of
the work in any newspaper, magazine or similar periodical, or to the reproduction of the work
for the purpose of its being so published, but in all other respects the author shall be the first
owner of the copyright in the work.
There is no copyright over news. However, there is copyright over the way in which a
news item is reported.
Term of copyright
Copyright is protected for a limited period of time. The general rule is that copyright lasts for 60
years. In the case of original literary, dramatic, musical and artistic works the 60-year period is
counted from the year following the death of the author. In the case of cinematograph films,
sound recordings, photographs, posthumous publications, anonymous and pseudonymous
publications, works of government and works of international organisations, the 60-year period
is counted from the date of publication.
Copyright for Translation
Any person may apply to the Copyright Board for a license to produce and publish a translation
of a literary or dramatic work in any language after a period of seven years from the first
publication of the work. Translation into Indian languages is possible after a period of three
years from the first publication of such work, if such translation is required for the purposes of
teaching, scholarship or research. If the work is not in general use in any developed country,
such application may be made after a period of one year from such publication.
 Copyright Societies
Associations that existed before the Copyright (Amendment) Act, 1994, and new associations
that carry on the business of issuing or granting licenses in respect of any work in which
copyright subsists or in respect of any other rights conferred by this Act, has to register
themselves as copyright societies to the Registrar of Copyrights. The status may be cancelled if
it is proven that the functioning of the society is detrimental to the spirit of the act. The
societies are managed by the owners of copyright.
Rights of Broadcasters and Performers
Every broadcasting organization enjoys “broadcast reproduction right” according to this Act.
The right subsists until 50 years from the beginning of the calendar year next following the year
in which the broadcast is made.
During this period, no person or any other organization shall re-broadcast the broadcasts, cause
the broadcast to be heard or seen by the public on payment of any charges, make any sound
recording or visual recording of the broadcast; or sell or hire such sound or visual recordings.
Performers enjoy a 50 years right over what they perform from the beginning of the calendar
year next following the year in which the performance is made. Anybody who sound records it,
or video records it, or performs it without the consent of the performer, violates this right. But
any of these activities if aimed at personal copy, teaching, research, review, do not go against
this act.
Infringement of Copyrights
Any person who without a license obtained from either the owner of the work or the Registrar
of Copyrights, who permits any place for communication of a copyrighted material for profit,
knowing that it is an infringement, hires, rents, sells or buys or except for personal use is a
violation of copyright.
The following are some of the commonly known acts involving infringement of copyright:
Ø Making infringing copies for sale or hire or selling or letting them for hire;

Ø Permitting any place for the performance of works in public where

such performance constitutes infringement of copyright;

Ø Distributing infringing copies for the purpose of trade or to such an extent so

as to affect prejudicially the interest of the owner of copyright ;
Ø Public exhibition of infringing copies by way of trade; and
Ø Importation of infringing copies into India.
Exceptions
Subject to certain conditions, a fair deal for research, study, criticism, review and news
reporting, as well as use of works in library and schools and in the legislatures, is permitted
without specific permission of the copyright owners. In order to protect the interests of users,
some exemptions have been prescribed in respect of specific uses of works enjoying copyright.
Some of the exemptions are the uses of the work
Ø for the purpose of instruction or private study,
Ø for criticism or review, research,
Ø for reporting current events,
Ø in connection with judicial proceeding,
Ø performance by an amateur club or society if the performance is given to a non
paying audience.
A fair dealing with a literary, dramatic, musical or artistic work for the purpose of
reporting current events in a newspaper, magazine or similar periodical, or by broadcast or in a
cinematograph film or by means of photographs. But, the publication of a compilation of
addresses or speeches delivered in public is not a fair dealing of such work within the meaning
of this clause.
The publication in a collection, mainly composed of non-copyright matter, bona fide intended
for the use of educational institutions, and so described in the title and in any advertisement
issued by or on behalf of the publisher, of short passages from published literary or dramatic
works, not themselves published for the use of educational institutions, in which copyright
subsists: PROVIDED that not more than two such passages from works by the same author are
published by the same publisher during any period of five years.
Libraries can make not more than three copies of a book (including a pamphlet, sheet of
music, map, chart or plan) by or under the direction of the person in charge of a public library
for the use of the library if such book is not available for sale in India.
Translation of publication of Matters published in any Official Gazette, Acts of the Legislature,
reports of any committee, commission, council, board or other like body appointed by the
government if such report has been laid on the Table of the Legislature, unless the
reproduction or publication of such report is prohibited by the government, court Judgments
unless prohibited by court, is permitted
Civil remedies for infringement of copyright
Any person who knowingly infringes or abets the infringement of the copyright in any work
commits criminal offence under Section 63 of the Copyright Act.
When copyright in any work has been infringed, the owner of the copyright shall, be entitled
to all such remedies by way of injunction, damages, accounts and otherwise as are or may be
conferred by law for the infringement of a right.
Every suit or other civil proceeding arising in respect of the infringement of copyright in any
work or the infringement of any other right shall be instituted in the district court having
jurisdiction. No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of
the first class shall try any offence under the Copyright Act.
 The minimum punishment for infringement of copyright is imprisonment for six months
with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent conviction the
minimum punishment is imprisonment for one year and fine of Rs. one lakh.
Any person who knowingly makes, or has in his possession, any plate for the purpose of
making infringing copies of any work in which copyright subsists shall be punishable with
imprisonment which may extend to two years and shall also be liable to fine.
The Registrar of Copyrights may stop importation of copies of materials made abroad but
which have copyright in India. The office may make a search in any ship, place in this regard. If
copies confiscated, shall be delivered to the owner of the copyright.
Any police officer, not below the rank of a sub inspector, may, if he is satisfied that an offence
in respect of the infringement of copyright in any work has been, is being, or is likely to be
committed, seize without warrant, all copies of the work and all plates used for the purpose of
making infringing copies of the work, wherever found, and all copies and plates so seized shall,
as soon as practicable be produced before a magistrate.
The court shall order return copies of the work, or all plates be delivered up to the owner of
the copyright.

OFFICIAL SECRETS ACT 1923

The Official Secrets Act was enacted 2nd April, 1923. It extends to the whole of India and
applies also to servants of the Government and to citizens of India outside India.

One of the most important threats for the national security is the leak of official secrets to
foreign countries or groups that work against the integrity of the country. To combat the
nefarious acts of government officials and others in spying and leaking the strategic secrets,
Indian Official Secrets Act, 1889 was enacted. The Act was amended in 1904. The British version
of the Act (1911) was enforced in India. Existence of two acts of the same nature led to conflicts
and administrational difficulties. A consolidated Bill was passed in the Legislature in 1923 and
received the assent on 2nd April, 1923.

If an unauthorized person reports or communicates any material and it is detrimental to the

safety and security of the nation, or steals, makes and stores sketches of vital importance to the
country, violates the official secrets act.

Such acts will be considered as spying and punishable with three to 14 years of imprisonment. If
anyone misleads, interferes with, obstructs in the duties of the members of the Armed Forces,
shall be punishable with imprisonment with or without fine. It is the duty of any citizen, to
share any information of vital importance with army or police voluntarily or when asked for.
Any person who attempts to commit or abets the commission of an offence under this Act shall
be punishable with punishment.
If any person knowingly harbors any person whom he knows or has reasonable grounds for
supposing to be a person who is about to commit or who has committed an offence that
pertains to national security, he shall be guilty of an offence under this section.

Any place that is suspected to be harboring persons who work against the security of the
country, or a possible meeting ground can be searched, if necessary with force, with search and
arrest warrant from the court.

No court below the rank of District or Presidency Magistrate shall try any offence under this
Act. The trial could be held in anywhere in India, if court wishes in camera. But passing of
sentence shall in any case take place in public.

If the person committing an offence under this Act. is a company, every person who, at the
time the offence was committed, was in charge of, and was responsible to, the company for the
conduct of business of the company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished accordingly.

Prosecution and penalties

Punishments under the Act range from three to life imprisonment (if intent is to declare war
against India - section 5 ) imprisonment. A person prosecuted under this Act can be charged
with the crime even if the action was unintentional and not intended to endanger the security
of the state. The Act only empowers persons in positions of authority to handle official secrets,
and others who handle it in prohibited areas or outside them are liable for punishment.
Journalists have to help members of the police forces above the rank of the sub-Inspector and
members of the military with investigation regarding an offense, up to and including revealing
his sources of information.
Under the Act, search warrants may be issued at any time if the magistrate determines that
based on the evidence there is enough danger to the security of the state.
Uninterested members of the public may be excluded from court proceedings if the
prosecution feels that any information which is going to be passed on during the proceedings is
sensitive. This also includes media.
When a company is seen as the offender under this Act, everyone involved with the
management of the company, including the board of directors, can be liable for punishment. In
the case of a newspaper, everyone – including the editor, publisher and the proprietor — can
be imprisoned for an offense. OSA is controversial to the modern RTI act 2005.
Criticism
Conflict with right to information
In the OSA clause 6, information from any governmental office is considered official
information, hence it can be used to override Right to Information Act 2005 requests. This has
drawn harsh criticism.
Iftikhar Gilani case
In June 2002, journalist Iftikhar Gilani was, arrested for violating the OSA 1923. He was charged
under the OSA, with a case under the Obscenity Act added to it. The first military report
suggested that the information he was accused of holding was "secret" despite being publicly
available. The second military intelligence report contradicted this, stating that there was no
"official secret". Even after this, the government denied the opinion of the military and was on
the verge of challenging it when the contradictions were exposed in the press.
The military reported that, "the information contained in the document is easily available" and
"the documents carries no security classified information and the information seems to have
been gathered from open sources”.
On 13 January 2004, the government withdrew its case against him to prevent having two of its
ministries having to give contradictory opinions. Gilani was released the same month.
VERY SHORT NOTES
REGISTRAR OF NEWSPAPER FOR INDIA
It is a Government of India statutory body of Ministry of Information and Broadcasting for the
registration of the publications, such as newspapers and magazines, India. It was established on
1 July 1956, on the recommendation of the First Press Commission in 1953 and by amending
the Press and Registration of Books Act 1867.The Office of the Registrar of Newspapers for
India is headquartered in New Delhi. RNI regulates and monitors printing and publication of
newspapers based on the Press and Registration of Books Act, 1867 and the Registration of
Newspapers (Central) Rules, 1956. The registrar is designated as Press Registrar,
and Dr.Sadhana Rout a 1984 batch senior IIS officer is the current Press Registrar and Head of
Department.

ARTICLE 19 (1) (A)

Article 19(1) (a) is the fundamental right of freedom of speech and expression of all the citizens. One’s
opinions may be expressed by words of mouth, in writing, printing, pictures, or any other mode. This
freedom includes a person’s right to propagate or publish the views of other people.

The freedom of speech under Article 19(1) (a) includes the right to express one’s views and opinions at
any issue through any medium. For example: Newspapers, films, Advertisements etc. It includes the
freedom of communication and the right to propagate or publish opinion.
But this right is not absolute. It is restricted by Art 19(2) which lays down the following restrictions :

 I. security of the State,

 II. friendly relations with foreign States,
 III. public order,
 IV. decency and morality,
 V. contempt of court,
 VI. defamation,
 VII. incitement to an offence, and
 VIII. sovereignty and integrity of India.

PRASAR BHARTI
Prasar Bharati is India's largest public broadcasting agency. It is a statutory autonomous body
set up by an Act of Parliament and comprises the Doordarshan Television Network and All India
Radio, which were earlier media units of the Ministry of Information and Broadcasting.
The Parliament of India passed the Prasar Bharati Act to grant this autonomy in 1990, but it was
not enacted until 15 September 1997.
Dr A. Surya Prakash is the current chairperson of Prasar Bharati (he succeeded Dr Mrinal
Pandey). Shashi Shekhar Vempati is the CEO of Prasar Bharati (he succeeded Jawhar Sircar who
was the CEO until November 2016).
The Prasar Bharati Act provides for the establishment of a Broadcasting Corporation, to be
known as Prasar Bharati, and define its composition, functions, and powers. The Act grants
autonomy to All India Radio and to Doordarshan, both of which were previously under
government control. The Act received the assent of the President of India on 12 September
1990 after being unanimously passed by Parliament. It was finally implemented in November
1997. By the Prasar Bharati Act, all property, assets, debts, liabilities, payments of money due,
as well as all suits and legal proceedings involving Akashvani (All India Radio) and Doordarshan
were transferred to Prasar Bharat

STATE LEGISLATURE
The Constitution of India provides for a legislature in each State and entrusts it with the
responsibility to make laws for the state. However, the composition of a state Legislature can
be different in different states. It can be either bicameral or unicameral. Presently, only six
states (Andhra Pradesh, Bihar, J&K, Karnataka Maharashtra and UP) have bi-cameral
legislatures. Twenty two States and Two Union Territories (Delhi and Puducherry) have uni-
cameral Legislatures.

In case of a bicameral state legislature, the upper house is known as State Legislative Council
(Vidhan Parishad) and the lower house as the State Legislative Assembly (Vidhan Sabha). Where
there is only one House of the State Legislature, it is known as the State Legislative Assembly.
Orissa has a unicameral legislature with Orissa Legislative Assembly as its all powerful house.

NDPS ACT

The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS
Act, is an Act of the Parliament of India that prohibits a person to
produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume
any narcotic drug or psychotropic substance. The Narcotic Drugs and Psychotropic Substances
Bill, 1985 was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses
of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and
came into force on 14 November 1985. The NDPS Act has since been amended thrice - in 1988,
2001 and 2014. The Act extends to the whole of India and it applies also to all Indian citizens
outside India and to all persons on ships and aircraft registered in India.
Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect
from March 1986. The Act is designed to fulfill India's treaty obligations under the Single
Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations
Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

DOMESTIC VIOLENCE

For violence to be ‘domestic’, it doesn’t have to occur within your home, only within a
relationship (with family or an intimate partner). It occurs when someone close to you has
power and control over you. This control or abuse can be expressed in different ways.

 Physical abuse

If someone is hurting you physically, or is threatening to hurt you, a loved one or a pet,
then you will need to take action. Read more about physical abuse and learn where to
get support.

 Emotional abuse

Emotional abuse often goes unrecognised and can be very hurtful. Someone who is
emotionally abusive towards you wants to chip away at your feelings of self-worth and
independence. Read more about what constitutes emotional abuse.

 Economic abuse

If someone close to you controls your finances, and keeps you financially dependent on
them so that you always have to ask them for money, this is a form of domestic violence.
  Social abuse

Social domestic violence occurs when someone insults or humiliates you in front of other
people, keeps you isolated from family and friends, or controls what you do and where
you go.

 Spiritual abuse

Spiritual domestic violence involves preventing you from having your own opinions about
religion, cultural beliefs and values. It may also involve manipulating your thoughts on
spirituality in order to make you feel powerless.

CABLE TELIVISION ACT 2011

The Cable Television Networks (Regulation) Second Amendment Bill, 2011 was introduced in
the Lok Sabha on December 15, 2011 by Ms. Ambika Soni, Minister of Information and
Broadcasting. The Bill was referred to the Standing Committee on Information Technology on
January 5, 2012.

 The Bill amends the Cable Television Networks (Regulation) Act, 1995 (Principal Act).
The Bill seeks to do the following:

(a) prohibit transmission or retransmission of unregistered channels

(b) enhance penalties under the Act.

 The Bill seeks to insert a new section that prohibits cable operators from carrying, or
including in their cable service, any satellite or terrestrial television broadcast or channel
that is

(a) not registered with the central government

(b) not approved by the central government for viewing within the territory of India

(c) not allowed under the provisions of any central Act or Rules.

 The Bill seeks to penalise transmission of broadcasts or channels that contravene the
proposed section with a minimum fine of Rs 50,000 for the first offence; and with a
minimum fine of one lakh rupees.

 The Principal Act penalises all contraventions with imprisonment up to two years or a
fine up to a maximum of Rs 1,000.
  The Bill seeks to increase the value of fine for contravention of the provisions of the
Principal Act from one thousand rupees to one lakh rupees.

COURT PROCEDING
A legal proceeding or court proceeding is an activity that seeks to invoke the power of a
tribunal in order to enforce a law. Although the term may be defined more broadly or more
narrowly as circumstances require, it has been noted that "[t]he term legal
proceedings includes proceedings brought by or at the instigation of a public authority, and
an appeal against the decision of a court or tribunal". Legal proceedings are generally
characterized by an orderly process in which participants or their representatives are able to
present evidence in support of their claims, and to argue in favor of particular interpretations of
the law, after which a judge, jury, or other fact finder makes a determination of the factual and
legal issues.
 Activities needed to have a court deem legal process to have been provided, such as
through service of process.
 Conduct of a trial, whether a lawsuit or civil trial, or a criminal trial.
 Issuance and enforcement of court orders, including those
imposing foreclosure or receivership.
 Hearings, particularly administrative hearings.
 Arbitration.

MEDIA ETHICS
Media ethics is the subdivision of applied ethics dealing with the specific ethical principles and
standards of media, including broadcast media, film, theatre, the arts, print media and the
internet. The field covers many varied and highly controversial topics, ranging from war
journalism to Benetton ad campaigns.
Media ethics involves promoting and defending values such as a universal respect for life and
the rule of law and legality.
Literature regarding the ways in which specifically the Internet impacts media ethics in
journalism online is scarce, thereby complicating the idea for a universal code of media ethics

JUVENILE JUSTICE ACT

Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed by Parliament of
India amidst intense controversy, debate and protest on many of its provisions by Child Rights
fraternity. It replaced the Indian juvenile delinquency law, Juvenile Justice (Care and Protection
of Children) Act, 2000, and allows for juveniles in conflict with Law in the age group of 16–18,
involved in Heinous Offences, to be tried as adults. The Act came into force from 15 January
2016.
It was passed on 7 May 2015 by the Lok Sabha amid intense protest by several Members of
Parliament. It was passed on 22 December 2015 by the Rajya Sabha.
To streamline adoption procedures for orphan, abandoned and surrendered children, the
existing Central Adoption Resource Authority (CARA) has been given the status of a statutory
body to enable it to perform its function more effectively. A separate chapter on Adoption
provides detailed provisions relating to adoption and punishments for non compliance.
Processes have been streamlined with timelines for both in-country and inter-country adoption
including declaring a child legally free for adoption.
As of 2019, Ministry of Women & Child Development of Government of India is working
towards bringing an amendment, primarily to remove courts from adoption process, to
handover it to Executive Magistrates/ District Magistrates and to make Child Welfare
Committees administratively and judicially subordinate to District Magistrate, despite
nationwide protest against such a move.