Press Freedom and the Right to Privacy in Ind...

Press Freedom and the Right to Privacy in India

Author Name : Gaurav Saxena

DOI: https://doi.org/10.56025/IJARESM.2022.1091285

INTRODUCTION

Even before India became Independent, it had already become party to the United Nations Declaration on Human Rights 1948. This was indicative of its future plans and visions for a free and democratic government. In furtherance of this, when it finally got independence the first strategy was to have its own Constitution. In 1950 India declared itself to be a fully democratic country, having adopted most of the basic principles of the UDHR. Indian government understood the importance of press and its impact on the people of India. Press had played a very important and productive role in the independence movement, through its strong support for the popular movement of Satyagraha and abdication of foreign goods and other similar forms of freedom struggle. Such was the impact of the print media that it frightened the British, as it gave a picture of a strong India, though the reality was a disintegrated India ruled by princely kings and people in deep poverty. The framers of our Constitution knew the immense power vested in the print media, therefore they imbibed the Freedom of Speech and Expression in Article 19(1) (a) of the Indian Constitution from Article 19 of the UDHR, and also reflected similarly in Article 19 of the International Covenant on Civil and Political Rights 1966 (ICCPR). But somewhere in their thought process it never came to light, about the consequences of an unbridled horse set free in a vast pasture called India. British India was not a free country like free India. There, the print media had to work under constraints, which forced them to be within rules. Originally enacted Article 19(2), provided that Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law relating to libel, slander, defamation, contempt of court or any matter which offends against decency or morality or which undermines the security of or tends to overthrow, the state. Although Article 19(1) (a) does not mention freedom of press. The Supreme Court in Romesh Thapper v. State of Madrasstated that freedom of speech and expression includes freedom of press. It stated Turning now to the merits there can be no doubt that freedom of speech and expression includes propagation of ideas, and that freedom is enshrined by the freedom of circulation. the Supreme Court further increased the ambit of the freedom of the press. After this came the First Amendment of the Constitution in 1951, amending Article 19(2). The new Article provided Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law or prevent the state from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. This amendment further increases the ambit of freedom of press under the Constitution.