Freedom of press is the backbone of Democracy. It is the foundation and essential condition for a successful democracy.In a democratic society the freedom of press must be protected. This right can be available only in a society where there is right to freedom of expression. The freedom to criticise government without suffering any interference or punishment before or after publication is the freedom of press. According to The Universal Declaration of Human Rights ” Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers”
Freedom of press in India is guaranteed by the constitution. The article 19 (1)a of the constitution of India lays down that “All citizens shall have the right to freedom of speech and expression” the freedom of press as provided in the U.S. constitution is not provided in Indian constitution. But Article 19 (1)a of the constitution implicitly provides for the freedom of press in India.
In Indian Express Newspapers v/s Union of India (1985)1 SCC 641 Supreme court of India observed that the press plays an important role in the democratic machinery. It was further held that the courts have a duty to uphold the freedom of press and invalidate all the laws and administrative actions that abridge that freedom. In the same case it was held that the press has three essential elements.They are:
(i) freedom of access to all sources of information.
(ii) freedom of publication,
(iii) freedom of circulation.
In one of the cases Patanjli shastri C.J. has observed “Freedom of speech and of the press lay at the foundation of all democratic organizations, for without free political discussion no public education, so essential for the proper functioning of government is possible”
The significance of this freedom in India can be understood from the very fact that the preamble of the constitution of India itself ensures to all citizens the freedom of thought, speech and expression.
The free press in India has grown substantially and has contributed significantly to the evolution of Indian democracy since the establishment of India as a free nation. Unfortunately, the freedom of press is seen to have been under serious threat in these times.
A well known activist and journalist Gauri Lankesh and a television reporter Santanu Bhowmik in September of the last year were killed in separate incidents. According to a New York based NGO The committee to protect the journalists, there have been 41 instances in the past 25 years in which Indian journalists have been murdered “in direct reprisal for his/her work”. The raid on the homes and of the founders of NDTV, and violence upon the journalists by the Central Bureau of Investigation for an alleged loss incurred by a private bank. This was highlighted by The New York Times in an editorial on the raid that began, “Press freedom in India suffered a fresh blow on Monday…”
An organization Freedom House that evaluates the countries in terms of the press, gives India’s Press a score of 40, with 0 being the best and 100 worst and rated it as only partially free in 2016.
Consider some key developments:
-At least two journalists in connection with their work were killed.
-The Journalists are facing tremendous pressure in Chhattisgarh with some relocating due to concerns for their safety. According to a report, 26 attacks against the journalists have been reported in 2016 alone. Amnesty International also states that one of the most dangerous places for journalists is Chattisgarh in India. Chhattisgarh, Tamil Nadu and Uttar Pradesh top the list with highest number of defamation cases against Journalists. The Hoot also states that the Jagendra Singh (journalist) who was set on fire in 2015 was awarded with the Redink Veer Patrakar Puraskar by Mumbai Press Club.
-Newspapers being shut down, heavy-handed restrictions on the press and a clampdown on mobile internet services in Jammu and Kashmir. Ravi R Prasad, director of advocacy at Vienna based International press institute (IPI) said in a statement that “Journalism in Jammu and Kashmir is under a dramatic state of repression “.
According to a report titled,”Kashmir’s information Blockade” by the Network of Women in Media, India (NWMI) and the Free Speech collective(FSC) the continued communication shutdown in Jammu and Kashmir has resulted in “throttling of Independent media”.
In sum, the freedom of India’s press is not very good. Now i would like to elaborate why the press is so essential in India as well as in the world . The most important wheel of democracy is the freedom of press. A democracy cannot exist without a free press. Press is supposed to be a link between the government and the people in a democratic country. However if the press is not free it cannot function properly. By exposing the various misdoings and acts of the government it keeps the government on its toes. In a democratic country like India the people have the right to know everything and this right is a part of the fundamental right of freedom of speech and expression. Therefore it is the duty of the press to keep people informed and educated about the happenings in the world. The press is not supposed to incite people to violence but is meant to educate public opinion. The freedom of press doesn’t mean the freedom to blackmail people or to distort facts or the freedom to indulge in character assisnation.
Journalism must be practiced in a responsible way to stop the people from spreading hate and maintaining the harmony of Country. At all the times and in every circumstance the freedom of press is not absolute, unfettered and unlimited, as giving unrestricted freedom of speech and expression would amount to an uncontrolled licence. Without reasonable restraints it would lead to anarchy and disorder. If any newspaper publishes anything which is improper, false or illegal and abuses its liberty should be punished by the Courts. The protective cover of freedom of press must not be thrown open for wrongdoings or we can say in other words press without restraints can be hazardous. Public opinions can be easily manipulated by the free press. The reason why we in India need responsible journalism to refrain the press from reporting the facts which are false and which may harm the peace and harmony of a country. The free press is critical to the future of India and future of its citizens. We should not bury the free press rather we should praise the free press. Journalists have a duty to seek and report the truth they should not hesitate in asking hard questions and writing tough stories.
The freedom of press is important for the development of a democratic country like India without which a democratic society cannot sustain. Freedom of press is also known as bulwark against secret government. Thus we can conclude that the press has played an important and significant role in delivering justice, welfare etc. The time has come for the press to work hand in hand with the judiciary for the welfare of its subjects and the sun of justice will shine brightly forever and there will be no eclipse of Injustice.
