Is Media Trial Endangering Judicial Independence In India?

Written by : Ankita Ghosh, LL.B, Sarsuna Law College, Behala

Abstract

Media trials have become one of the most integral parts of news landscape in the contemporary scenario. Media plays critical role in making public informed regarding a wide arrays of matters. However, its impact on both judiciary and society raises some important questions concerning fairness, rule of law and ethics. Judicial bodies are responsible for running trials to decide specific cases. When media runs such trials on its own before judgement of court, these are called media trials and in some cases, they portray accused or mere suspects as criminals, which violate the law completely. Media trials often highly influence public opinions about the accused or even about the victims by creating an environment of mob-lynching. In a few cases, trial court judges are sometimes bound to take into account the media criticisms and their trials as the extra-judicial trial conducted by media already ends up forming public opinions in a particular way that influences the witnesses and their testimony. The judges therefore, stay under extreme pressure and although media criticisms do not necessarily influence the final decisions made by the judges, these trials affect the perceptions of public and also pressurize the victims that sway their statements.  The article has provided a detailed analysis of the ways media trials are interfering with judicial proceedings in India and the adequacy of the present legal framework in governing media behaviour.

Keywords: Janta Adalat or Public Court, NBSA or News Broadcasting Standard Authority, Contempt of Courts Act, 1971, Article 19(1)(a), Fair Trial, Article 21, Administration of Justice

Ankita.pdf

Download PDF • 260KB

Volume 1 | Issue 4