Amity University Lucknow Campus

2020-2021

Synopsis on the topic

“The Role And Accountability Of The Media In The Dispensation Of Justice In

The Indian Democracy”

For the Dissertation Of Constitutional Law

Submitted to: Submitted by:

Mrs. Axita Shrivastava Margaret Rose

Professor (Law) LLM- 2nd Semester

Amity University Enroll-

A8101820110

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 INTRODUCTION

Media, referred to as the fourth pillar of democracy has the power to outline and influence
political issues and therefore its role in the society cannot be undermined nor can it be ignored.
In today’s day and age, media pervades all spheres of an individual’s life, as a consequence of
which, the role of erstwhile consumers of news has changed from being a passive observer to
that of an active participant. With the advent of modern technology, the role of journalists in the
society has also changed and so has the manner of reporting. The principal objective of this
thesis is to examine whether media has a positive impact on the criminal justice dispensation
system. This has been done through the identification of a few widely reported cases over the
past 24 years. These cases have been selected based on their coverage in the archives of leading
national dailies. The national dailies have been chosen based on the Indian Readership Survey
conducted by the Media Research Users Council. In addition to print media, reportage by the
broadcast media has also been looked into. Thereafter, the role played by the media on the
dispensation of justice has been observed. Through the study of these cases it has been observed
that media does have the wherewithal to influence the masses. Moreover, widespread coverage
ensures that incidents remain in the public memory for a longer time and is instrumental in
shaping the public’s opinion. However, over the past few years, media has garnered negative
attention as most of these media conglomerates seek to further their business interests which
leads to manipulation of reportage. Furthermore, multi-channel private channel television
channels are not within the purview of any regulatory authority. At the end of this thesis
suggestions have been put forth to address these concerns. Lastly, this study highlights how an
ethical, unbiased and unfettered media is the ‘sine qua non’ of a democratic form of government.

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 OBJECTIVE OF THE STUDY

The following objectives have been identified for the purpose of this research.
(i) To identify the rights of the media.
(ii) To assess the limitations imposed upon the rights of the media
(iii) To find out the methods of transgression of these limitations by the media.
(iv) To critically analyse the concept of media trial. To assess the impact of media trial upon the
public as well as the legal system.
(v) To find out whether the media is accountable; and if yes, to what extent.
(vi) To make an endeavor to strike a balance between the two conflicting rights, that is the right
to privacy of an individual versus the right of free press to report.
(vii) To suggest a few steps to curb the dictatorial aspirations of the media.

SCOPE OF THE STUDY

This research is purely a legal research and all the sources of legislations are included in the
ambit of the research. The scope of the research includes the aspects Jurisprudence,
Constitutional law, Constitutional Assembly Debates (CAD), research methods, statutory
enactments, delegated legislation in the form of rules, bylaws, orders, regulations etc, and
precedents. All the above mentioned subjects are dealt with only to the extent of which they are
related to the topic of the research. The scope also includes the organisations, autonomous
bodies, agencies which are related to the different modes of the media. The powers, functions,
limitations which are prescribed to these bodies have been included in the research. Further all
the aspects which are related to the different modes of the media constitute an integral part of the
scope of the research. Some fleeting reflections to the areas of Criminal Jurisprudence,
Environmental Law and the International Law are made in this research, but only to the extent of
their relevancy to the topic of the research.

HYPOTHESIS

The tentative solution in the form of hypothesis is that the media should not exceed the limits of
its rights for the sake of extraneous considerations, so that the rights of the individuals are
secured. It is the hunch of the present researcher, that the media does overstep its limits to gain

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popularity and publicity. The problem of balancing of conflicting rights can be solved if the
media before reporting, itself analyses, whether their reporting is unbiased, free, well informed
and neutral. Freedom of press is important for every democratic country. Every organ of the state
is accountable to each other and to the people in general. No one is above law and media shall
not be an exception to this. The media should be accountable to themselves and should adhere to
the ethical codes, rather than be forced by law making agency all the time.

RESEARCH METHODOLOGY

Data Collection: The research on this topic has been conducted by adopting doctrinal method of
research. The primary data includes the various Acts and statutes relating to role of media and
the Constitution of India, 1950. The secondary data has also been collected, the sources being
various books, journals, articles, online sources, etc.

Style of Writing: The style of writing is descriptive and analytical as all the relevant reforms
have been be outlined, discussed and analyzed.

Data Coverage: The project covers the objectives, measures and impact of the media and its role
on the society by analyzing the same, the researcher also seeks to put forth reasons for their
failure and suggestions in this regard.

TENTATIVE CHAPTERISATION

 The topic is introduced in Chapter I and the methodology that shall be followed during
the course of this thesis is outlined.
 Chapter II describes the role that media plays in the society and how it has changed over
the course of time. Furthermore, it describes the impact that media has on the masses and
how it can be used for progressive outcomes.
 Chapter III provides a brief overview of the current laws governing the Indian media.
Thereafter, a select few criminal cases that have been widely reported have been
identified and the role of media in the dispensation of justice has been examined.

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  Chapter IV a brief description on the existing literature highlighting the ills of media has
been provided. Additionally, some of the concerns plaguing the Indian media industry
have been identified and plausible solutions suggested.
 Chapter V concludes the thesis with suggestions put forth on how to improve the existing
concerns of media and a summary of the research undertaken has been provided.

BIBLIOGRAPHY
 http://www/temptingent.blogspot.com "Advertising Regulation in India", Neeraj Dubey.
 edaa.in/community radio/community, "The Right to Information Act, 2005-A Guide for
media" published by centre for Good Governance.
 www.loksatla.org. "Indian Media Great Power and Great Responsibility" Jaya Parakash
Narayan.
 . www.lawisgreek.com/ "Constitution-India-Advertisement-and-freedom-speech".
 www.legalserviceindia.com, "Freedom of Press Vis-a-Vis Responsible Journalism",
Prabhsahay Kaur."
 http://www.presscouncilin.com, "Women and Media", G.N. Ray.

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