LLM Notes: The Media's Role in Promoting Human Rights in India

The media plays a crucial role in promoting human rights in India by educating the public, exposing violations, and empowering citizens to take action. It acts as a vital link between the government and the people, drawing attention to human rights issues and advocating for the voiceless.

Media as a Defender and Mediator

The media's role extends to defending human rights, acting as a mediator, and even causing violations. It is considered the "voice of the voiceless," empowering people to protect their rights through advocacy. By creating awareness and informing citizens of their rights, the media enables the public to recognize violations.

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Madras HC Directs media not to Publish names of Lawyers and Judges while reporting Court matters

It appears that
he is a practitioner of law. If a practitioner of law is seeking to use the
platform of High Court for purposes of gaining popularity and publicity, so
that he will be able to attract more number of clients, if not the alleged
victims themselves in this case, it would amount to an unethical practice of
soliciting work on one's part. When once the Code of Conduct is prescribed by
the Bar Council of India to be always adhered to and followed by every
practitioner of law, any attempt to overreach the situation and also to
breach it, even in an indirect manner, as has been done in the present case,
it must attract necessary corrective action.
                We therefore, direct the Registrar (Judicial) of this Bench to
place a copy of the affidavit filed by the writ petitioner in this case
before the Bar Council of Tamil Nadu and Puducherry at Chennai for initiating
necessary action for the breach of Code of Ethics and professional conduct by
the writ petitioner. In the event the Bar Council agrees with our prima facie
opinion that the writ petition is instituted by a practicing lawyer, seeking
publicity and mileage for his professional activity rather than propelled by
genuine desire to protect the larger public-good and interest, the Bar
Council shall take appropriate action.  We hope and trust that the Bar
Council will be placing its 'action taken report' before this Court within a
period of six months.
                6.Often times, we have been noticing that the Print and
Electronic Media is carrying on publication of the names of legal
practitioners as well as the names of the Judges of the High Court concerned,
who dealt with particular cases, publication of names of practitioners who
may have appeared for one party or the other in a particular case can lead to
an indirect method of soliciting or indulging in advertisement of the
professional abilities or skills of the advocates. We, therefore, direct the
Registrar (Administration) of this Bench to immediately circulate
instructions to all Print, Electronic and Media Houses not to publish the
names of the practitioners as part of news item.
                7.We also direct, for the present, the Registrar (Administration)
to request the Print, Electronic and Media House, not to publish the
individual names of the Judges unless it is so essentially required. The
reason being every Judge of the High Court is carrying on with his work
sitting in a particular division/roster as assigned by My Lord The Hon'ble
Chief Justice. The Judges do perform their duties dispassionately and to the
extent possible by not allowing their individual notions and philosophies to
be a guiding factor in deciding the causes brought before them.  Therefore,
we feel that the names of the Judges should not be published and on the other
hand, the name of the High Court alone should be published.
                8.We further direct the Registrar (Administration) to place this
matter before My Lord The Hon'ble Chief Justice, so that appropriate
instructions can be issued in this regard by My Lord The Hon'ble Chief
Justice.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED:  22.08.2016  

CORAM   
THE HONOURABLE MR.JUSTICE NOOTY.RAMAMOHANA RAO                 
and 
THE HONOURABLE MR.JUSTICE S.S.SUNDAR           

Writ Petition (MD) No.15480  of 2016
and 
W.M.P(MD)Nos.11379 to 11381 of 2016    

S.Baskar Mathuram                                               ... Petitioner
Vs.
The State of Tamil Nadu,
   

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Whether court can restrain Media from publishing/broadcasting any information regarding call of hartal/strike?

  From the foregoing discussion, we conclude

that this Court, in exercise of writ jurisdiction, cannot

issue any writ restraining from publishing/broadcasting

any information regarding call of hartal/strike. 
   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT:

     THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
            MR.JUSTICE A.M.SHAFFIQUE
                                &
      MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

   WEDNESDAY, THE 29TH DAY OF OCTOBER 2014/
                  WP(C).NO. 32529 OF 2007 (S)
                  ----------------------------



       S.SUDIN
     
Vs           THE UNION OF INDIA AND OTHERS
     


                                                

               ASHOK BHUSHAN, Ag. CJ,
                   A.M.SHAFFIQUE, J
                              &
          A.K.JAYASANKARAN NAMBIAR, J.

     
Citation; AIR 2015 Kerala 49

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Whether it is necessary to conduct test identification parade if accused is known to witness?

In Vijay @ Chinee v. State of M.P., (2010) 8 SCC 191, this Court, while dealing with the effect of non holding of a test identification parade, placed very heavy reliance upon the judgments of this Court in Santokh Singh v. Izhar Hussain & Anr., AIR 1973 SC 2190; State of Himachal Pradesh v. Lekh Raj & Anr., AIR 1999 SC 3916; and Malkhan Singh & Ors. v. State of M.P., AIR 2003 SC 2669 and held that, the evidence from a test identification parade is admissible under Section 9 of the Evidence Act, 1872. The identification parade is conducted by the police. The actual evidence regarding identification, is that which is given by the witnesses in court. A test identification parade cannot be claimed by an accused as a matter of right. Mere identification of an accused in a test identification parade is only a circumstance corroborative of the identification of the accused in court. Further, conducting a test identification parade is meaningless if the witnesses know the accused, or if they have been shown his photographs, or if he has been exposed by the media to the public. Holding a test identification parade may be helpful to the investigation to ascertain whether the investigation is being conducted in a proper manner and with proper direction. (See also: Munna Kumar Upadhyay v. State of A.P., AIR 2012 SC 2470).

   REPORTABLE


                        IN THE SUPREME COURT OF INDIA
                       CRIMINAL APPELLATE JURISDICTION


                      CRIMINAL APPEAL NO. 1774  of 2010


 R. Shaji   Vs State of kerala
        

Citation;(2013) 14 SCC 266

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