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A Human Right Perspective Media Trial

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Submitted By lawvivek
Words 3164
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“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

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