LAW RESOURCE INDIA

No forcible taking of vehicles on default of loan payment: SC

Posted in UNCATEGORIZED by NNLRJ INDIA on November 16, 2011

DHANANJAY MAHAPATRA IN TIMES OF INDIA

NEW DELHI: The Supreme Court has warned financial institutions and banks against forcible taking away of vehicles under hire-purchase agreement when there is a default in payment of loans and said they could be saddled with punitive costs if they did so. “Even in case of mortgaged goods subject to hire-purchase agreements, the recovery process has to be in accordance with law and the recovery process referred to in the agreements also contemplates such recovery to be effected in due process of law and not by use of force,” said a bench of Justices Altamas Kabir, Cyriac Joseph and S S Nijjar.

Writing the judgment for the bench, Justice Kabir agreed that till the time the loans were paid in its entirety and ownership had not been transferred to the purchaser, the financier normally continued to be the owner of the vehicle.

“But that does not entitle him (the financier) on the strength of the agreement to take back possession of the vehicle by use of force. The guidelines which had been laid down by Reserve Bank of India as well as the appellant bank (Citicorp Maruti Finance Ltd) itself, in fact, support and make a virtue of such conduct,” the bench said.

If any financier of a vehicle resorts to force to take back possession in violation of such guidelines or principles as laid down by the Supreme Court, “such an action cannot but be struck down”, the bench said in its judgment delivered on Monday. The verdict came on a petition filed by Citicorp Maruti Finance Ltd challenging a July 2007 decision of the National Consumer Disputes Redressal Commission upholding a state commission’s verdict. The state commission had increased the punitive damage on Citicorp Maruti Finance Ltd from Rs 5,000, which was imposed by the district forum, to Rs 50,000.

The case related to a hire-purchase agreement between one S Vijaylaxmi and Citicorp Maruti Finance Ltd for purchase of a Maruti Omni van. When she defaulted repeatedly and failed to honour payment of even a mutually settled amount, the financier took away the van with prior information to the police. It later sold off the vehicle. Vijaylaxmi approached the district forum and complained of deficient service.

During pendency of the appeal, the financier had complied with the district forum’s decision. Taking note of this, the apex court said, “In the instant case, the situation is a little different, since after the vehicle had been seized, the same was also sold and third party rights have accrued over the vehicle. It is possibly on such account that the appellant bank chose to comply with the directions of the district forum notwithstanding the pendency of this case.”

It added, “Since the appellant bank has already accepted the decision of the district forum and has paid the amount as directed, no relief can be granted to the appellant and the appeals are disposed of in light of the observations made hereinabove.”

SC JUDGEMENT Citicorp.Maruti Finance Ltd vs S.Vijayalaxmi

dhananjay.mahapatra@timesgroup.com

http://timesofindia.indiatimes.com/india/No-forcible-taking-of-vehicles-on-default-of-loan-payment-SC/articleshow/10748184.cms

Are judges under media pressure in high profile cases- while deciding on Bail?

Posted in BAIL, CONSTITUTION, CRIMINAL JUSTICE SYSTEM by NNLRJ INDIA on November 16, 2011

Supreme Court of India

DECCAN CHRONICLE

Are the trial court judges in high profile case like 2G scam working under media pressure to deny bail to the accused?

This question was raised on Tuesday in the Supreme Court, which agreed to go into the bail principles afresh in the wake of such assertions being made by some senior advocates.

A three-judge bench, headed by Justice Altamas Kabir, the senior most judge after CJI, though pointed out that the Supreme Court had laid down the guidelines for courts below for granting bail, still the issue would be examined afresh in the light of the assertions made by the senior counsel.While fixing January 18 for fresh assessment of the guidelines, the bench also having Justices S.S. Nijjar and J. Chelameswar as the other two judges further explained that fresh guidelines had been recently laid on grant of bail by the top court in excise and income tax cases and the issue of bail in other general cases would be considered in the light of those norms.

The assurance from the top court came after senior advocates Ranjit Kumar and Mukul Rohtagi without specifically mentioning the 2G case, made an apparent reference to it with Kumar stating that the trial court judges were working under “tremendous media pressure” and fearing that any adverse publicity to their orders in high profile cases might affect their “annual confidential report (ACR)”.

Due to such a pressure, the basic principle that “bail is a rule and jail an exception” as laid down by the Supreme Court was being given a go by.

“The bail is even denied in cases where maximum punishment is only five or seven years,” Kumar said while arguing for the bail of Vikas Kumar Sinha, an alleged front man of former Jharkhand Chief Minister Madhu Koda, facing charges of corruption. Kumar said Sinha had been chargesheeted by the CBI with offences carrying minimum sentence of 3 years and maximum seven years almost a year back and he was in jail for two years now.

“I don’t know when trial will begin. He has already undergone two years of sentence. Why should the accused suffer such a long incarceration before the conviction? Judges refuse to grant bail as they are afraid of their ACR. A message should go to the trial courts that the accused also have the right under the constitution,” Kumar asserted.

His views were supplemented by Rohtagi.

http://www.deccanchronicle.com/channels/nation/north/are-judges-under-media-pressure-high-profile-cases-761

Media Ethics Debate – Justice Markandey Katju clarifies

Posted in MEDIA ETHICS, MEDIA ISSUES, MEDIA LAW by NNLRJ INDIA on November 16, 2011
JUSTICE MARKANDEY KATJU

JUSTICE MARKANDEY KATJU

PUBLISHED IN THE HINDU

Justice Markandey Katju, Chairman, Press Council of India, has issued the following clarification on his critical observations of the Indian media.

I have expressed my views relating to the media in several T.V. interviews I gave as well as in my articles in some newspapers.

However, many people, including many media people, wanted clarification and amplification of some of the issues I had raised. Many media people (including several T.V. channels) wanted interviews with me but I told them that I will not give interviews for some time, since it does not create a good impression if one keeps giving interviews frequently. However, since some controversy appears to have been raised about what I said a clarification is in order.

Today India is passing through a transitional period in our history, the transition being from feudal agricultural society to modern industrial society. This is a very painful and agonizing period in history. The old feudal society is being uprooted and torn apart, but the new modern industrial society has not been fully and firmly established. Old values are crumbling, but new modern values have not yet been put in place. Everything is in flux, in turmoil. What was regarded good yesterday, is regarded bad today, and what was regarded bad is regarded good. As Shakespeare said in Macbeth “Fair is foul and foul is fair”.

If one studies the history of Europe from the 16th to the 19th Centuries, when the transition from feudalism to modern society was taking place, one will know that this transitional period was full of turbulence, turmoil, wars, revolutions, chaos, social churning, and intellectual ferment. It was only after going through this fire that modern society emerged in Europe. India is presently going through that fire. We are going through a very painful period in our country’s history, which, I guess, will last another 15 to 20 years. I wish this transition would take place painlessly and immediately but unfortunately that is not how history functions.

In this transition period the role of ideas, and therefore of the media, becomes extremely important. At a particular historical juncture, ideas become a material force. For instance, the ideas of liberty, equality and fraternity, and of religious freedom (secularism) became powerful material forces during the Age of Enlightenment in Europe and particularly during the American and French Revolutions. In the age of transition in Europe, the media (which was only the print media at that time) played a great, historical role in the transformation of feudal Europe to modern Europe.

Historically, the print medium arose as an organ of the people against feudal oppression. At that time, the established organs of power were all in the hands of the feudal, despotic authorities (kings, aristocrats, etc.). Hence the people had to create new organs which could represent their interests. That is why the print medium became known as the Fourth Estate. In Europe and America it represented the voice of the future, as a contrast to the established feudal organs which wanted to preserve status quo.

Great writers like Voltaire, Rousseau, Thomas Paine, ‘Junius’ (whose real name we yet do not know) played an outstanding role in this connection (see Will Durant’s ‘The Age of Voltaire’ and ‘Rousseau and Revolution’). The Encyclopaedists like Voltaire, Diderot, Helvetius, Holbach etc. created the Age of Reason, which paved the way for a modern Europe. Diderot wrote that “Men will be free when the last king is strangled with the entrails of the last priest”. Voltaire, in his satirical novels ‘Candide’ and ‘Zadig’ lashed out at religious bigotry, superstitions, and irrationalism. Rousseau in his ‘Social Contract’ attacked feudal despotism by propounding the theory of the ‘general will’ (which broadly stands for popular sovereignty). Thomas Paine wrote about the Right of Man, and Junius attacked the corruption of the Ministers of the despotic George III. Dickens criticized the terrible social conditions in 19th Century England. These, and many others, were responsible for creating modern Europe.

In my opinion the Indian media too should play a progressive role similar to the one played by the European media. This it can do by attacking backward and feudal ideas and practices like casteism, communalism, superstitions, oppression of women, etc. and propagating modern rational and scientific ideas, secularism, and tolerance.

At one time a section of our media played a great role in our country. Raja Ram Mohan Roy courageously attacked backward customs like sati, child marriage, purda, etc in his newspapers ‘Miratul Akbhar’ and ‘Sambad Kaumudi’. Nikhil Chakravarty wrote about the horrors of the Bengal Famine of 1943. Munshi Premchand and Sharat Chandra Chattopadhyaya wrote against feudal practices and oppression of women. Saadat Hasan Manto wrote about the horrors of Partition.

When I criticized the Indian media, and particularly the electronic media for not playing such a progressive and socially responsible role, I was furiously attacked by a section of the media for my views. Some even launched a personal attack on me saying that I was an agent of the government.

I could have retaliated back in the same tone by saying that most media persons are agents of the corporates who have hired them, but I refrained from doing so as I did not want to stoop down to their level. When serious issues are raised about the functioning of the media it was expected that those issues would be addressed seriously instead of launching personal attacks on me, or simply dismissing me as ‘irresponsible’ (as one Exalted Person has done).

By criticizing the media I wanted to persuade the media to change its manner of functioning and not that I wanted to destroy it. The Indian media has a historical role to play in the age of transition, and I wanted to remind the media persons of their historical duty to the nation. Instead of taking my criticism in the correct spirit, a veritable diatribe was launched against me by a section of the media, which painted me as some kind of dictatorial monster.

The great Hindi poet Rahim has written:

“Nindak nearey raakhiye

Aangan kuti Chawaye”

The media should regard me as their well wisher. I criticized them because I wanted media persons to give up many of their defects (some of which I had mentioned in my T.V. interviews and articles) and follow the path of honour which the European media was following, and which will give them the respect of the Indian people.

I mentioned that 80% of our countrymen are living in horrible poverty, there is massive unemployment, skyrocketing prices, lack of medical care, education etc. and barbaric social practices like honour killing, dowry death, caste oppression, religious bigotry, etc. Instead of seriously addressing these issues 90% of the coverage of our media goes to entertainment, e.g., lives of film stars, fashion parades, pop music, disco dancing, cricket etc, or showing superstitions like astrology.

No doubt the media should provide some entertainment also to the people, but if 90% of its coverage is devoted to entertainment, and only 10% to all the socio-economic issues put together, then the sense of priorities of the media has gone haywire. The real issues before the people are the socio-economic issues, and the media is seeking to divert their attention to the non issues like film stars, fashion parades, disco, pop, cricket etc. Does a hungry or unemployed man require entertainment, or food and a job? It is because of this lack of a sense of priorities and for showing superstitions, that I criticized the media.

One should not be afraid of criticism, nor should one resent it. People can criticize me as much as they like, I will not resent it, and maybe I will benefit from it. But similarly the media too should not mind if I criticize them. My aim in doing so is to make them better media people. While criticizing, however, fairness requires that one should report the words of one’s opponent accurately, without twisting or distorting them. That was the method used by our philosophers. They would first state the views of their opponent, in what was called as the ‘purvapaksha’. This was done with such accuracy and intellectual honesty that if the opponent were present he could not have stated his views better. Thereafter it was sought to be refuted. In this connection one may read Madhavacharya’s ‘Sarva Darshan Sangrah’ (Madhavacharya was the founder of the Dvait school of Vedanta). The views of the Charvaks (Materialist thinkers), the Buddhists, Jains, etc are stated in the ‘purvapaksha’ with such accuracy that if they were present they could not have put them better.

Unfortunately, this practice is often not followed by our media, and my words were distorted by many, and then I was furiously attacked. To give only two examples: (1) In my interview to Mr. Karan Thapar, I stated that in my opinion the majority of media people are of a poor intellectual level. This statement of mine was twisted and distorted by several persons on T.V. channels who quoted me as saying that all media persons are ‘uneducated’ and ‘illiterate’. I telephoned the lady journalist who anchored one of such T.V. panel discussions and asked her why she had distorted my words. She had begun the panel discussion by saying “Katju called journalists uneducated”. She said she only interpreted what I said. I told her that first she should have quoted my exact words, and then only should she have interpreted them. I would like to clarify this further.

Firstly, I did not make a statement about all media people but only of the majority. There are many media people for whom I have great respect. I had mentioned the name of Mr. P. Sainath, whose name should be written in letters of gold in the history of India journalism (for highlighting farmer’s suicides and other farmers issues). I can name several others. Mr. Paranjoy Guha Thakurta and Mr. Shreenivas Reddy did a commendable job in exposing in detail the scandal of paid news. I also have high respect for Mr. Vinod Mehta, Mr. Vinod Sharma, Mr. N. Ram and many others.

I may also mention that before my interview with Mr. Karan Thanpar I sat for about 10 minutes in his office having a cup of coffee with him. At that time I mentioned the name of Emile Zola to him, and he immediately said ‘J’ Accuse’. That one word made him go up high in my esteem. I earlier did not have a very high opinion of him, but that single word completely changed my opinion, and I realized I was in the presence of a highly educated man.

So I wish to clarify have that I did not paint the entire media with the same brush, but my words were totally distorted. Secondly, I did not say that this majority was uneducated or illiterate. This again was a deliberate distortion of what I said. I never used the word ‘uneducated’. I said that the majority is of a poor intellectual level. A person may have passed B.A. or M.A. but yet may be of a poor intellectual level.

Thirdly, even if one did not agree with my view, he could have coolly and patiently disagreed in a civil tone and expressed his own views instead of shouting and raving on the TV screen and giving an ugly display of temper. And this by a person who belongs to a profession a large section of which is accused of the scandal of paid news, Radia tapes, etc. Really, the Lady doth protest too much! (Shakespeare: Hamlet).

(2) I have again and again said in my articles, speeches and TV interviews that I am not in favour of harsh measures against the media. In a democracy, issues are ordinarily resolved by discussion, persuasion, consultation, and dialogue, and that is the method I prefer, rather than using harsh measures. If a channel/newspaper has done something wrong I would prefer to call the persons responsible ad patiently explain to them that what they have done is not proper. I am sure that in 90% or more cases that would be sufficient. I strongly believe that 90% of people who are doing wrong things can be reformed and made good people.

It is only in extreme cases, which would only be about 5 to 10%, that harsh measures would be required, and that too after repeated use of the democratic method has failed and the person proves incorrigible.

This statement of mine was again distorted and a false impression created that I wanted to impose emergency in the country, cartoons were published in some newspapers showing me as some kind of dictator, etc., etc.

The truth is that I have always been a strong votary for liberty, and the proof of this is my judgments in the Supreme Court and the High Court in which I have consistently held that judges are guardians of the liberties of the citizens, and they will be failing in their duties if they do not uphold these liberties. However, liberty does not mean license to do anything one wishes. All freedoms are subject to reasonable restrictions in the public interest, and are coupled with responsibilities.

We may now discuss the question of self regulation.

Self regulation by electronic media

At present, there is no regulatory authority to cover the electronic media. The Press Council of India governs only the print media, and even in cases of violation of journalistic ethics by the latter the only punishment which can be given is admonition or censure.

I have written to the Prime Minister requesting him to initiate legislation to amend the Press Council Act by (1) bringing electronic media also under the ambit of the Press Council, and (2) giving more teeth to the Press Council.

The electronic media has strongly opposed bringing it under the Press Council. Their claim is of self regulation. But even Judges of the Supreme Court and High Courts do not have such an absolute right. They can be impeached by Parliament for misconduct. Lawyers are under the Bar Council, who can suspend or cancel their license for professional misconduct. Doctors come under the Medical Council who can suspend/cancel their license. Auditors are in the same position. Why then is the electronic media shy of coming under any regulatory authority? Why these double standards? If they do not wish to come under the Press Council (because the present Chairman is a wicked and/or undesirable person) then the N.B.A., and B.E.A. should indicate under which regulatory authority they wish to come. Are they willing to come under the proposed Lokpal? I have repeatedly raised this question in several newspapers, but my question has always been met either by stony silence on the part of the N.B.A., and B.E.A. or dismissing the very question as ‘irresponsible’.

T.V. news and shows have a large influence on a wide section of our public. Hence in my opinion T.V. channels must also be made accountable to the public.

If the electronic media insists on self regulation, then by the same logic politicians, bureaucrats, etc., must also be granted the right of self regulation, instead of being placed under the Lokpal. Or does the electronic media regard itself so holy, so ‘doodh ka dhula’ that nobody should regulate it except itself. In that case, what is paid news, Radia tapes, etc? Is that the work of saints?

In fact there is no such thing as self regulation, which is an oxymoron. Everybody is accountable to the people in a democracy, and so is the media.

JUSTICE KATJU- MEDIA ETHICS DEBATE ‘Every particle is in a condition of half night’

Posted in MEDIA ETHICS, MEDIA ISSUES, MEDIA LAW by NNLRJ INDIA on November 16, 2011
topographic map of India

Image via Wikipedia

Nirupama Subramanian in The Hindu

Justice Katju’s criticism has triggered a welcome debate and introspection in the media but it is also expected of the Press Council chairman to take a more nuanced view of the complex terrain before him.

A Pakistani columnist once asked me: “What is it with you all? You claim to have a free media and yet, when I was in Delhi last year, it took me less than 15 minutes to run through some six or seven papers. They’re full of trivia. There’s nothing to read in them, not even on the front pages.” His words came back to me after Justice Markandey Katju‘s outburst against Indian journalism. It is not just the two of them either.Some months ago, a well-known Delhi-based Bharatanatyam dancer told me how “sad” she felt about the Indian media scene. She was an aggrieved party: “I cannot understand this,” she said, “no paper will review my performances. They have all done away with their review pages. Yet journalists call me all the time to find out what my favourite restaurant is, or what my favourite food is. There is an excessive focus on me, and none on my work.”

Let’s face it: plenty of journalists too would agree that both Indian electronic and print media are obsessed with celebrity and trivia and are given to sensationalism. In fact, journalists have long been concerned — much before the Press Council chairman voiced his criticism — about the amount of journalistic energies and space/time devoted to the coverage of fluff, and the shallow treatment meted out to what Justice Katju described as the “real” issues.

The impulse to dumb down is only increasing under the pressure of 24×7 news cycles, and as the competition to snare young readers and viewers grows. On television, all news is spectacle, and even the irrelevant gains importance as ‘breaking news.’ I remember switching on the television in my hotel room in Jaisalmer some years ago, to be greeted by this important Breaking News: “Jail mey karva chauth” — a report about women prisoners celebrating this north Indian festival of wifely piety.

Journalists get constantly told by those who claim to know better to ‘lighten up,’ that Indian readers are getting younger, they have short attention spans, and they do not want to read gloom and doom stories about India not shining; if these stories have to be covered, they must be delivered to these attention-deficit readers/viewers in bite-sized pieces; coverage must be about personalities, even if about politicians; the coverage must cater to young, aspirational India’s race for upwardly mobile lifestyles rather than the multiple crises in the country, even if these crises will ultimately work towards thwarting those very aspirations.

So bring in the beautiful people, go easy on farmers’ suicides and rural employment generation. In this model, science journalism cannot get more cerebral than whether mobile phones give you cancer; international news would ideally feature breaking up — or breaking down — teenage pop stars, film stars, and supermodels, and the Jasmine Revolution would fare better as a new line of perfume, and Arab Spring a brand of sparkling mineral water that Angelina Jolie drinks on her UNHCR trips.

“This is what young people want today” is the market mantra. If that is correct, and we do not know that, the question is, as media — presuming that media are a substantially different entity from a fizzy drink — do we lead our ‘consumers,’ or should we allow ourselves to be led by what sections of these consumers consider ‘boring’ or ‘interesting’? Steve Jobs, whose market strategies are much admired by the pundits, is said to have nursed a healthy disrespect for market research, saying “customers don’t know what they want until we’ve shown them.”

Dumbing down aside, in the past couple of years, the gory stories of media corruption, paid news, and the Radia tapes controversy have all taken the sheen off Indian journalism.

Yet I find myself disagreeing with Justice Katju’s broad swipe. It is easy to tar the entire media with one broad brush of criticism. But not all journalists are the same, just as not all judges are the same. There are many journalists who are doing exactly what Justice Katju thinks journalists should be doing, and they are not necessarily all high-profile. It also needs to be said that the media have made a lot more positive contribution than they are given credit for. Much of the corruption that has come to light over the last one year, all the scams that are currently churning the Indian polity, would have gone unnoticed had it not been for exposés by news organisations. Just in the last year, the government has had to sack Cabinet Ministers and Chief Ministers in response to the great 2G heist, the CWG and the Adarsh scams, all of which were unearthed by the media.

We are living through a complex period of economic, social and demographic change. Even Justice Katju, in an article inThe Hinduon the media that was a forerunner to his interview with Karan Thapar on CNN-IBN‘s Devil’s Advocate programme, quoted his favourite Firaq Gorkahpuri couplet to make this point:Har zarre par ek qaifiyat-e-neemshabi hai, Ai saaqi-e- dauraan yeh gunahon ki ghadi hai. Translating this literally as “every particle is in a condition of half-night; it’s a time of sin,” Justice Katju spoke of the pains of living through an era of transition.

It is a nice thought that the media must separate themselves from the flux in which they exist, but the truth is that the media, and the people who work in them, are also a reflection — a snapshot — of society at any particular time. My Pakistani columnist friend who complained about the lightness of Indian newspapers is used to the steady high-fibre fare of strategic and political analyses offered up in the Pakistani papers. But that is a reflection of Pakistan’s country situation.

India’s situation is a bit more mixed than that. For that reason, any newspaper or television channel has the challenging job of accommodating a wide variety of interests, and there is no point being in denial about this. At one end is the need to cater to a mass of people who seem to be on an endless buying spree, from cars to clothes and everything in between; at the other, the need to remind them that there are people who cannot buy even one square meal a day. The challenge for media organisations is to get the mix right, without compromising on the essentials of journalism. The world’s best newspapers (not necessarily the ones with the largest circulation) are the ones that have mastered this mix.

For instance, the visit of the Pakistan Foreign Minister, Hina Rabbani Khar, excited much criticism that the coverage focussed more on her looks, clothes, Birken bag, and her glasses than on the substance of her discussions with her Indian counterpart, S.M. Krishna. From a reporter’s perspective, when a Minister of a country with a worse Human Development Index than yours lands at your airport with a $10,000 handbag, pricey shades, and “classy pearls,” it is bound to attract media comment. This is not trivialising news. It is news. The criticism that the coverage of her film star looks was excessive and breathless may not be misplaced. But there is nothing startlingly wrong if a newspaper’s fashion reporter dissects the pearls, and a foreign affairs reporter covers the substance of the visit, as most mainline newspapers did.

Yes, it is true that journalists could be better informed about the subjects they cover, and could be possessed of more general knowledge. But that is more a commentary on our education system than on journalism itself. Some of the best journalists may not know their Shakespeare or Emile Zola, but that has not been known to affect the quality of their work.

It must also be said in defence of my tribe that journalism is far more open to criticism than some other professions. Who can criticise the judiciary this way and get away with it? Partly, this is in the nature of the work we do — the ‘product’ of our labour and its authors are out there in the public realm, for everyone to evaluate. There is no hiding.

Journalism may lack a capacity for introspection, though that too is not entirely true. But there is absolutely no doubt that outside regulation, such as by using government advertisements as a weapon against media organisations as Justice Katju suggests, is dangerous. It is already used by the government to silence media criticism, and it is hardly a solution that one would expect someone of Justice Katju’s calibre to come up with. To the extent his comments have triggered debate and introspection in the media and jolted us out of smug back-slapping complacency, he has made a positive contribution. But it is also expected of the chairman of the Press Council to separate himself from Everyman, and take a more nuanced view of the complex terrain before him.

SOURCE:  http://www.thehindu.com/opinion/lead/article2630733.ece

JUSTICE KATJU- MEDIA ETHICS DEBATE ‘I am a votary of liberty; my criticism of the media is aimed at making them better’

Posted in LEGAL LUMINARIES, MEDIA ETHICS, MEDIA ISSUES, MEDIA LAW by NNLRJ INDIA on November 16, 2011
JUSTICE MARKANDEY KATJU

JUSTICE MARKANDEY KATJU

OPED ARTICLE PUBLISHED IN THE HINDU – JUSTICE MARKANDEY KATJU

‘There is no such thing as self-regulation, every institution is accountable to the people.’ We publish here an edited excerpt from a clarification issued by Press Council chairman Markandey Katju. The full text of his clarification can be read at http://www.thehindu.com. ‘No doubt, the media should provide some entertainment also to the people. But if 90 per cent of their coverage is devoted to entertainment, and only 10 per cent to all the socio-economic issues put together, then the sense of priorities of the media has gone haywire.’

I have expressed my views relating to the media in several TV interviews I gave as well as in my articles in some newspapers. However, many people, including media people, wanted clarification and amplification of some of the issues I had raised. Since some controversy appears to have been raised about what I said, a clarification is in order.

Full Text

Today India is passing through a transitional period in our history, the transition being from feudal agricultural society to modern industrial society. This is a very painful and agonising period in history. The old feudal society is being uprooted and torn apart, but the new modern industrial society has not been fully and firmly established. Old values are crumbling, but new modern values have not yet been put in place. Everything is in flux, in turmoil. As Shakespeare said in Macbeth, “Fair is foul and foul is fair.”

If one studies the history of Europe from the 16th to the 19th centuries, when the transition from feudalism to modern society was taking place, one realises that this transitional period was full of turbulence, turmoil, wars, revolutions, chaos, social churning, and intellectual ferment. It was only after going through this fire that modern society emerged in Europe. India is presently going through that fire. We are going through a very painful period in our country’s history, which, I guess, will last another 15 to 20 years. I wish this transition would take place painlessly and immediately but unfortunately that is not how history functions.

In this transition period, the role of ideas, and therefore of the media, becomes extremely important. At a particular historical juncture, ideas become a material force. For instance, the ideas of liberty, equality and fraternity, and of religious freedom (secularism) became powerful material forces during the Age of Enlightenment in Europe, and particularly during the American and French Revolutions. In the age of transition in Europe, the media (which were only the print media at that time) played a great, historical role in the transformation of feudal Europe to modern Europe.

In my opinion, the Indian media too should play a progressive role similar to the one played by the European media [during that age of transition]. This it can do by attacking backward and feudal ideas and practices like casteism, communalism, superstitions, women’s oppression, etc. and propagating modern, rational and scientific ideas, secularism, and tolerance. At one time, a section of our media played a great role in our country.

Manner of functioning

When I criticised the Indian media, and particularly the broadcast media, for not playing such a progressive and socially responsible role, I was furiously attacked by a section of the media for my views. Some even launched a personal attack on me saying that I was an agent of the government. When serious issues are raised about the functioning of the media, it was expected that those issues would be addressed seriously.

By criticising the media, I wanted to persuade them to change their manner of functioning — not that I wanted to destroy them. The Indian media have a historical role to play in the age of transition, and I wanted to remind media persons of their historical duty to the nation. Instead of taking my criticism in the correct spirit, a veritable diatribe was launched against me by a section of the media, which painted me as some kind of dictatorial monster.

More focus on entertainment

The media should regard me as their well-wisher. I criticised them because I wanted media persons to give up many of their defects and follow the path of honour which the European press was following, and which will give them the respect of the Indian people.

I mentioned that 80 per cent of our countrymen are living in horrible poverty; there is massive unemployment, skyrocketing prices, lack of medical care, education, etc. and barbaric social practices like honour killings, dowry deaths, caste oppression, and religious bigotry. Instead of seriously addressing these issues, 90 per cent of the coverage of our media goes to entertainment, for example, the lives of film stars, fashion parades, pop music, disco dancing, cricket, etc, or showing superstitions like astrology.

No doubt, the media should provide some entertainment also to the people. But if 90 per cent of their coverage is devoted to entertainment, and only 10 per cent to all the socio-economic issues put together, then the sense of priorities of the media has gone haywire. The real issues before the people are socio-economic, and the media are seeking to divert their attention to the non-issues like film stars, fashion parades, disco, pop, cricket, and so on. It is for this lack of a sense of priorities, and for showing superstitions, that I criticised the media.

What I said

One should not be afraid of criticism, nor should one resent it. People can criticise me as much as they like, I will not resent it, and maybe I will benefit from it. But similarly the media should not mind if I criticise them. My aim in doing so is to make them better media people.

While criticising, however, fairness requires that one should report the words of one’s opponent accurately, without twisting or distorting them. That was the method used by our philosophers. They would first state the views of their opponent, in what was called as the ‘purvapaksha.’ This was done with such accuracy and intellectual honesty that if the opponent were present, he could not have stated his views better. Thereafter it was sought to be refuted.

Unfortunately, this practice is often not followed by our media.

First, I did not make a statement aboutallmedia people but only of the majority. There are many media people for whom I have great respect. So I wish to clarify here that I did not paint the entire media with the same brush. Second, I did not say that this majority was uneducated or illiterate. This again was a deliberate distortion of what I said. I never used the word ‘uneducated.’ I said that the majority is of a poor intellectual level. A person may have passed B.A. or M.A. but yet may be of a poor intellectual level.

I have again and again said in my articles, speeches, and TV interviews that I am not in favour of harsh measures against the media.

In a democracy, issues are ordinarily resolved by discussion, persuasion, consultation, and dialogue, and that is the method I prefer, rather than using harsh measures. If a channel or newspaper has done something wrong I would prefer to call the persons responsible and patiently explain to them that what they have done is not proper. I am sure that in 90 per cent or more cases that would be sufficient. I strongly believe that 90 per cent of people who are doing wrong things can be reformed and made good people.

It is only in extreme cases, which would only be about five to 10 per cent, that harsh measures would be required, and that too after repeated use of the democratic method has failed and the person proves incorrigible. This statement of mine was again distorted and a false impression created that I wanted to impose emergency in the country. Cartoons were published in some newspapers showing me as some kind of dictator.The truth is that I have always been a strong votary for liberty, and the proof of this is my judgments in the Supreme Court and the High Court in which I have consistently held that judges are guardians of the liberties of the citizens, and they will be failing in their duties if they do not uphold these liberties. However, liberty does not mean licence to do anything one wishes. All freedoms are subject to reasonable restrictions in the public interest, and are coupled with responsibilities.

We may now discuss the question of self-regulation.

Self-regulation by broadcast media

At present, there is no regulatory authority to cover the electronic media. The Press Council of India governs only the print media, and even in cases of violation of journalistic ethics by the latter, the only punishment that can be given is admonition or censure. I have written to the Prime Minister requesting him to initiate legislation to amend the Press Council Act by (1) bringing the electronic media also under the ambit of the Press Council, and (2) giving more teeth to the Press Council.

The electronic media have strongly opposed bringing them under the Press Council. Their claim is of self-regulation. But even Judges of the Supreme Court and High Courts do not have such an absolute right. They can be impeached by Parliament for misconduct. Lawyers are under the Bar Council of India, which can suspend or cancel their licence for professional misconduct. Doctors come under the Medical Council of India, which can suspend or cancel their licence. Auditors are in the same position. Why then are the electronic media shy of coming under any regulatory authority? Why these double standards? If they do not wish to come under the Press Council of India (because the present Chairman is a wicked and/or undesirable person) then the NBA (News Broadcasters Association), and BEA (Broadcast Editors Association) should indicate which regulatory authority they wish to come under. Are they willing to come under the proposed Lokpal? I have repeatedly raised this question in several newspapers, but my question has always been met either by stony silence on the part of the NBA and the BEA or by dismissing the very question as ‘irresponsible.’

TV news and shows have a large influence on a wide section of our public. Hence in my opinion, TV channels must also be made accountable to the public. If the broadcast media insist on self-regulation, then by the same logic, politicians, bureaucrats, and so on must also be granted the right of self-regulation, instead of being placed under the Lokpal. Or do the broadcast media regard themselves so holy that nobody should regulate them except themselves? In that case, what is paid news, the Radia tapes, etc? Is that the work of saints?

In fact there is no such thing as self-regulation, which is an oxymoron. Everybody is accountable to the people in a democracy — and so are the media

http://www.thehindu.com/opinion/op-ed/article2630600.ece

 

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