Premium Essay

A Human Right Perspective Media Trial

In:

Submitted By lawvivek
Words 3164
Pages 13
“Without A Free Press There Can Be No Free Society. Freedom Of Press, However, Is Not An End In Itself But A Means To The End Of A Free Society.” -Felix Frankfurter ( In Pennekamp V. Florida )

ABSTRACT

In rapidly changing socio-economic condition of a country like India, the media plays a vital role in moulding the whole viewpoint of society hence it is often quoted that media is the fourth pillar of Indian democracy. Violation of human right has many dimensions and one of such dimensions finds in the trial by media. In India trial by media has assumed significant proportions. There are many cases in India where media showed its importance by continuously highlighting it, such as Priyadarshnimatto case, Nitishkatra murder case, Bijaljoshi rape case, Aarushitalwar case, Jessica case etc.
Media has now reincarnated itself into a “public court” (jantaadalat). It use to watch out injustice, which has conducted the trial of an accused and passed the own verdict even before the pronouncement of judgment by the court. By this way, it prejudice the public and sometime even judges and as a result it violates the basic principle of criminal jurisprudence i.e.; ‘’presumption of innocence until proven guilty and guilty beyond reasonable doubt’’. This paper focuses on the rights of accused such as his right to fair trial, right to privacy and right to dignity, which are a violation of basic human rights guaranteed not only under Indian constitution, but also by many international organizations.
Media trial along with revolutionary sting operations is an appreciable effort which helps government more accountable. But it must be done without violating basic

Similar Documents

Premium Essay

Ethics of Offshoring

...conducting clinical trials in emerging countries has arisen over years. Being a leading company in biopharmaceutical industry, Novo Nordisk faces the critiques of whether it is justice to offshoring their clinical trials in developing economies. With the consistency of ethical principles brought up by Novo Nordisk, the company would be able to move their trials into emerging economies with the best interest for stakeholders. I will also propose ideas to Mr, Dejgaard for possible approach to media as well as the practices that Novo Nordisk could have changed over time at the end. Conducting Clinical Trials in Emerging Economies With Utilitarian approach, every party has different perspectives in the outcome of an action. In this case, we have shareholders, employees, customers, supply chain, government and local communities, with secondary stakeholders of media, special interest groups and NGOs. For customers, government and local communities, they emphasize more on the proof of efficacy and safety of medical products. While shareholders, employees, supply chain care more of the profitability as a whole in general. As a result, Novo Nordisk will be better off maximizing its profits while holding their ethical justice for conducting clinical trials in emerging countries. Economic Aspect As the Nobel prize winner, Milton Friedman pointed out that making profit will be the first priority for business to fulfill social responsibility, Novo Nordisk has every right to maximize its...

Words: 919 - Pages: 4

Free Essay

The Sierra Leone Media on the Eve of Elections

...The IMC AWARDS of 2010 will always be remembered for two statements. IB Kargbo, the former president of SLAJ took the stage and in a long and rambling speech assured former employees of the Sierra Leone Daily Mail that their long-delayed retrenchment benefits would be paid them within two weeks. The applause was long and loud. I imagine some of those people were already drawing up their budgets. Next, the current President of the Sierra Leone Association of Journalists, SLAJ, Umaru Fofana, in his usual fiery style warned media workers not to ignite another civil war in Sierra Leone by what they say on radio or publish in newspapers. Two years on, former Daily Mail workers have still not been paid; unrepentant IB Kargbo continues to make promises that go unfulfilled – taking him by his other promise, the Access to Information Law would have been in place eight weeks ago. I was not among those who applauded that promise at SLAJ headquarters on the eve of World Press Freedom Day on 2 May, because I was at the British Council before that when IB Kargbo and the Speaker of Parliament openly contradicted each other regarding the status of the Access to Information bill. I wasn’t amused. It’s on Umaru Fofana’s side of things that I want to concentrate this week. On the night he made that statement, I was among a handful of journalists who suggested to him, that he had just exaggerated a perfectly manageable situation, which was not unique to Sierra Leone. We had a small argument about...

Words: 1850 - Pages: 8

Premium Essay

Meme

...Cultural Perspectives on Vaccination — History of Vaccines 6/2/15, 11:02 AM History of Vaccines A VACCINE HISTORY PROJECT OF THE COLLEGE OF PHYSICIANS OF PHILADELPHIA Vaccine Science En español History and Society Cultural Perspectives on Vaccination Debunked: The Polio Vaccine and HIV Link Development of the Immunization Schedule Disease Eradication Ethical Issues and Vaccines History of Anti-vaccination Movements Influenza Pandemics Scientific Method in Vaccine History The History of the Lyme Disease Vaccine U.S. Military and Vaccine History Vaccination Exemptions Vaccine Injury Compensation Programs Vaccine Testing & Vulnerable Human Subjects Cultural Perspectives on Vaccination Public opinions about vaccination include varied and deepseated beliefs, a result of the tension between divergent cultural viewpoints and value systems. Several key cultural perspectives on vaccination stem from (1) individual rights and public health stances toward vaccination, (2) various religious standpoints and vaccine objections, and (3) suspicion and mistrust of vaccines among different U.S. and global cultures and communities. Individual versus Public Health Stances Many countries require their citizens to receive certain immunizations. In the United States, state laws dictate mandatory vaccinations, such as those required for children to enter school.[1] Controversies over the efficacy, safety, and morality of compulsory immunization stem...

Words: 2235 - Pages: 9

Premium Essay

Criminal Trial

...The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial The Court’s Administration: An Analysis of the Roles in the Process of Criminal Trial Criminal procedure is the process of investigating, prosecuting, and punishing crimes (Scheb & Sharma, 2013). Criminal procedure includes law enforcement activities, including the arrest, interrogation, and identification of suspects. Criminal procedure also involves a process of criminal trial, in which a person is tried for their crime. The trial process can be extensive, but criminal charges can also be settled in the pretrial process. The pretrial process largely determines the outcome of a criminal case; most criminal cases never make it to trial. Charges against the defendant may be dropped or dismissed due to a lack of evidence. The defendant may also plead guilty without trial. Many guilty pleas result from plea negotiations between the prosecutors and defendant or defense attorneys. This pretrial process makes a formal criminal trial unnecessary (Scheb & Sharma, 2013). There are various roles in the criminal trial process, including the judge, the prosecuting attorneys, the jury, and the expert witnesses such as forensic psychologists. The assortment of roles has a high effect on the outcome for the defendant. A prosecutor is responsible for determining what charges to pursue and whether to plea bargain with the defendant. A jury decides a verdict. A judge decides a sentence. A forensic...

Words: 3921 - Pages: 16

Free Essay

Scopes Trial Book Review

...November, 2015 Larson, Edward J. Summer for the Gods: The Scopes Trial and America's Continuing Debate over Science and Religion. New York: BasicBooks, 1997. Summer for the Gods: The Scopes Trial and America's Continuing Debate over Science and Religion, by Edward J. Larson, tells of the court trial of Clarence Darrow defending John Scopes against the radical populist William Jennings Bryan. Scopes had been challenged for going against the law by teaching evolution to students in a public school. The length of text begins with Scope studying the scientific findings of Charles Dawson, who examined skull pieces that may have filled the gap between apes and humans. This is what motivated Scopes with the fascination of evolution. But then there were people like William Jennings Bryan who come into play and take the religious side, wanting to go against the idea of evolution. Society wasn’t exactly mostly favoring the idea of evolution since there were laws against spreading the idea as Scopes had. This is, of course, how Scopes ended up in court. However, the text does not end with the ruling of the trial. The text stretches to the anti-evolution movement continuing on with Bryan trying to start his crusade, and eventually gets to how schools restructure what society thinks should be the new benchmarks of education. Basically, the text tells the history of these two ideas, but in the end, neither is right or wrong since everyone has the liberty for their own beliefs. The...

Words: 958 - Pages: 4

Premium Essay

12th Edukcircle

...those events and submit it to your Editor in Chief. What I didn’t know is the underlying principle each media practitioner should have—STRONG MORAL PRINCIPLE. After the time I was introduced to the Journalist’s Code of Ethics and Broadcast Code of Ethics in my Journalism Principles and Practices class, my perspective about news writing broadened and extended. News writing is merely not “just writing.” It is more than that. I proved this to myself when I had the chance to listen to great media practitioners and speakers on the 12th EdukCircle Convention that was held in the University of the Philippines Diliman last August 15, 2015. The Journalist’s and Broadcast Codes of Ethics guided and secured me as I went on listening to the speakers of the 12th EdukCircle Convention. The topic really got my attention because it was about children and media (news coverage/news writing). The topic, for me really was unexpected and heart-warming at the same time. After the convention, I felt really blessed for having my mind filled with good moral principles and learnings that involve minors/children in news coverage. What left a mark in my heart and in my mind are the rights that children have as subjects in news items. In the discussion of the Rights of Children as Subjects in News Items, Article III Section 7 of the 1987 Philippine Constitution was discussed. It states that: The right of the people to information on matters of public concern shall be recognized. Access to official records...

Words: 900 - Pages: 4

Premium Essay

Profit vs Freedom of Speech

...Profit Vs. Freedom of Speech: a Cross-Cultural Perspective It is no secret that in a business profit is the bottom line. It is the reason someone starts a company, the reason employees crawl out of bed each morning, and the reason why sometimes ethical values are bent or broken. On the small scale, such as a local grocery, ethics of the owners and employees can be easily maintained because the area they are operating in shares the same values. This, however, is not the case with global businesses. Instead of a local community for profits large businesses rely on the global market, thus exposing and challenging their original ethics for the sake of continued profits. This cross-cultural perspective will examine a recent example of this challenge when the company Google began to expand into the Chinese and other Asian markets. Google is a multi-billion dollar company that was started in the garage of two Stanford students in 1997 (Google, 2012). The initial goal was to produce an internet search engine that would be able to find and provide access to an immeasurable amount of information. Since its inception, Google published several values that were believed to be the essence of the company. Among them were that all focus should be on the user of the product and that any ad revenue should not come at the users cost, examples include pop-up advertising and manipulated searches (Google, 2012). Google also started with a relaxed approach to business, believing that employees worked...

Words: 1206 - Pages: 5

Premium Essay

Arguments Against Realism

...that the world`s affairs and politics are driven and control by competitive self-interest. Therefore, in connection with human right perspective a realist person would suggest that the state agents should use force on any person suspected to be a threat to the nation. For example, they recommended that suspect should be interrogated in secret using special facilities such as Guantanamo Bay detainment facility or be terminated on sight. Liberalism refers to the situation where people or countries have the ability to find mutual relationship and interests and can work together to achieve them (COLE, 167). A liberalist perspective on issues of human right is that suspects have a right to fair and free legal processes. The civil right movement were successfully in airing Ahmed Mohamed story. This is the young boy from Irying a Texas high school who wanted to show his teacher a homemade clock he made. He ended up...

Words: 1171 - Pages: 5

Premium Essay

Racine V. Woods

...The following case analysis seeks to examine the Supreme Court’s decisions in Racine v. Woods, [1983] 2 S.C.R. 173, in regard to the legal questions, basis of reasoning, as well as the cultural implications. In order to fully understand the outcomes of this case, it is necessary to briefly review the legal issues that prompted the appellants and respondent to pursue legal action. The initial factor was the apprehension of a six week old infant named Leticia Grace Woods, on October 20th, 1976, by C.A.S. of central Manitoba. Upon removing her from her mother’s custody, in an effort to protect her, she was placed in a foster home as stipulated in the Child Welfare Act, C.C.S.M., c. C80. After several months in foster care, Mrs. Woods’, Leticia’s mother consented to a year extension on her daughter’s stay in Society care, followed by an additional six month period. At which time Leticia was situated in the foster home of Sandra Ransom (later Racine) and Lorne Ransom. In March of 1978, when the extended period had ended, Leticia was returned to her mother. At this point, the Racine’s had developed an attachment and sense of responsibility for her care, which impelled them to visit Leticia with Mrs. Woods’ permission. On the second visit, in May of 1978, Mrs. Woods authorized the Racine’s to take Leticia home with them. This concept of “taking home” was later disputed by the Racine’s and Mrs. Woods on the basis of intended length of stay. The Racine’s believed that Mrs. Woods intended...

Words: 1796 - Pages: 8

Premium Essay

Criminal Justice System Paper

...perception that stresses the efficient arrest and conviction of criminal offenders. In the late 1960’s, this model was first brought to the attention of the academic community in Stanford University law professor Herbert Packer’s incisive presentation of the state of criminal justice. This model is sometimes referred to as Packer’s crime-control model. The other most common model of how society determines which acts are criminal is the due process model which is a criminal justice perspective the stresses individual rights at all stages of justice system processing. This process is intended to make sure that innocent people are not convicted of crimes. This is an essential part of the justice system in America. Facts are individually and carefully considered for each case to be determined. The police are required to identify the suspect’s rights during arrest, questioning, and handling. It also requires that the prosecutors and judges must recognize the constitutional rights during the trial and the presentation of any evidence. The criminal justice system works with federal, state, and local governments. Unfortunately, this sometimes creates problems where the lines of communication may become...

Words: 865 - Pages: 4

Premium Essay

Death Penalty Case

...though controversial this punishment has no place in America. Death Penalty is unreasonable and inhumane deterrent for crime and should be abolished. First of all. data shows a racial bias towards black crimes against white victims. In addition, it is less expensive to house inmates than to execute them. Finally many countries have abolished the Death Penalty deeming it merciless I am a person that does not believe in the death penalty. The main thing we Question is, what purpose it serves for us to put another person on death row. By killing another human being it wont bring back that victim they murder. People against this method realize capital punishment does not stop criminals from killing or stop them from their mischief act. Many states that are against this method argue that the death penalty is both cruel and unnecessary that the dignity of human life must never be taken away, even in the case of someone who done great evil. Prosecutor need to take time out to make sure that innocent people are not being put to death due to the fact that some people which are given the death penalty are being treated unfair. Many of the Americans people believe in capital punishment. Capital punishment is another word that we use to identify the term death penalty. Another reason capital punishment should be eliminated is cost to taxpayers. The cost is one of...

Words: 1758 - Pages: 8

Free Essay

Burying Sm

...Roy Abrams Burying SM Paper April 17, 2011 Death. Death is an inevitable occurrence in the life cycle of the human race that is dealt with in numerous different ways. Culture. Cultures are so numerous and varying that it is almost impossible to compare the small nuances that make them unique. Death and culture truly share a major thing in common, as they coincide harmoniously with such questions as “How is death handled?” and “What happens next?” As human beings, it is certainly possible to only look at the perspective of death that our particular culture is familiar with, and to let that obscure the views of others around the world. In Africa, death is a little more complicated. Placing the focus on one country in Africa, Kenya is a land that is still divided by tribal differences, differences that have been in place since written record itself is known about this region of the world. Death in Kenya raises a few questions, just as it does in places like Chicago, or Venice, or any small town in rural Kansas. These questions were far more involved after the death of lawyer Silvano Melea Otieno in 1986. “SM”, as the man’s name is abbreviated, was born a member of the Luo clan or tribe, but upon marriage with is wife Virginia, a Kikuyu tribe member, threw Kenya for a loop in ways he could never have imagined (Cohen; Odhiambo, 1992). The problem that was really a deep-seeded threat in this situation was a case of pluralism, or a diversity of views. An intense legal...

Words: 1813 - Pages: 8

Free Essay

Globalisation and Crime

...Globalisation refers to the increasing interconnectedness of societies, so that what happens in one locality is shaped by distant events and vice versa. Globalisation has many causes including spread if information communication technology, the global mass media, cheap flights, deregulation of markets and easy movements of businesses. Held et al argues there’s been globalisation of crime; an increasing interconnectedness of crime across national borders. The same process that brought globalisation of legitimate activities has also brought the spread of transnational organised crime. Globalisation creates new opportunities for crime and new means of committing crime, for example cyber crime. Manuel Castells (1998) argues because of globalisation there is a globalised criminal economy worth £1 trillion. This takes a number of forms such as arms dealing, human trafficking, green crime and many others. The global criminal economy has both a demand and supply side. A reason for scale of transnational organised crime is demand from the rich west. However the global criminal economy couldn’t survive without a supply side that provides the source for demands of the west, such as drugs and prostitutes. This supply is linked to the globalisation process. For example third world drug producing countries such as Columbia have large populations of impoverished peasants. For them drug investment is attractive; it’s simple to produce and commands high prices. In Columbia, 20% of peasants rely...

Words: 3642 - Pages: 15

Premium Essay

Forced Disappearance Chapter Summary

...World War is known for its gross Human Rights violations and for its aftermath that gave rise to numerous conventions for the protection of Human Rights in the post war era. Therefore, some very important facts left our memories but with wonder, regarding atrocities culminating to the Holocaust, that were a result of forced or enforced disappearances constituting a crime against humanity. It stood for a strategy of the Nazi regime in 1941 that led to the extermination of more than the double of the current total Jews population and inevitably lead to irreparable losses. In this memoir, the main concern is to situate the origin of the phenomena of forced disappearance which creates victims between the disappeared and their families; hence the calls for reparation remain unavoidable and fundamental for the sake of justice and peace. The notion of Forced or enforced disappearance is ambiguous and complex....

Words: 2132 - Pages: 9

Free Essay

Habeas Corpus

...Civil Liberties, Habeas Corpus, and the War on Terror Robin Blankenship POL201: American National Government (GSI1325J) Instructor Amy Lyons January 22, 2013 In our Nation’s history, we have to consider the legality of the Government’s concerning our civil liberties. The habeas Corpus Act and the War on Terror are full of facts and issues that have brought me to address areas that cover the historical evolution, the suspension of habeas corpus, the importance of this act and the evaluation from different perspectives such as the media and the U.S. Supreme Court. Habeas Corpus is a most extraordinary court order of the judges’ power over a human being. “The Habeas Corpus Act passed by Parliament in 1679 guaranteed this right in law, although its origins go back much further, probably to Anglo-Saxon times. It is Latin for "you may have the body” It is a writ which requires a person detained by the authorities be brought before a court of law so that the legality of the detention may be examined.”(BBC NEWS) Habeas Corpus stemmed from the legal traditions of English law, and the Framers of the United States acknowledged the importance of the law. The United States followed and studied this tradition focusing mainly on the effects of the American Civil War, adopting it as “The Privilege of the writ of Writ of Habeas Corpus shall not be suspended unless when in cases of Rebellion or Invasion the public Safety may require it.”(Revised 9/11) Habeas Corpus is in direct...

Words: 1750 - Pages: 7