CONSTITUTIONAL VALIDITY OF MEDIA TRIALS IN INDIA WITH AN COMPREHENSIVE STUDY OF IT’S IMPACT ON INDIAN JUDICIAL SYSTEM

AUTHOR – NAFIZ NASRIN, STUDENT AT AMITY UNIVERSITY KOLKATA

Best Citation – NAFIZ NASRIN, CONSTITUTIONAL VALIDITY OF MEDIA TRIALS IN INDIA WITH AN COMPREHENSIVE STUDY OF IT’S IMPACT ON INDIAN JUDICIAL SYSTEM, ILE LAW AND JURISPRUDENCE (ILE LJ), 1 (1) of 2023, Pg. 22-26, APIS – 3920 – 0044 | ISBN – 978-81-964391-3-2.

ABSTRACT

Media is the fourth pillar of democracy. In democratic country the right to freedom of press guaranteed by the Indian constitution, media considered as a Janta Adalats or public court every step of media impact the societal structure where every publication of media every media coverage influence a large audience. Media act as a medium where every aspect is discussed in front of the audience but now a days media try to sensational news for catching the public attention they start publishing their own interpretation of facts and opinion and give their parallel decision in any cases this media trial hampered the judicial proceedings and investigation procedure and authorities. Hence this media coverage via television and newspapers on an individual it creates a perception of innocent or guilty even before the court of law announced the judgement it’s called media trail or trail by media. Although Article 19(1)(a) guaranteed the right to freedom of speech and expression and freedom of press fall within the ambit of this article but on the same hand Article 21 guarantees Right to fair trail to every citizen of India and fair trial is a basic tenant of Justice system. Right to freedom of press and the right to fair trail both are the essential rights in a democratic country, this two rights need to be balance and maintain by the law. Media has the right to published news and questioning to any injustice occur but the media should know their limits and according article 19(2)  this right can be restrained by law only in the interests of sovereignty and integrity of India. No rights can not be used as an absolutely in nature if the rights hampered the interest of the state.

Keyword – Article 19, Article 21, Freedom of Press, Right to Fair trail, Constitution, Media Trial.