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1
G.N Ray
“-------------recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family in the formation of freedom, justice, and peace in the world”

CHAPTER -1

1. INTRODUCTION

1.1. PREAMBLE TO THE UNIVERSAL DECLARATION OF HUMAN


RIGHTS 1948.

The concept of Human Rights has arisen from that of natural rights of all human. The belief that
every person by virtue of his humanity is entitled to certain natural rights is a recurring theme
throughout the history of mankind. It can be traced back thousands of years from the Vedas to
the Hammurabai Code to the Magna Carta, the French Declaration of Human Rights, and the
American Bill of Rights. Time and again history shows that the existence of human rights has
been recognized and accepted as a necessary component for the wellbeing of civilization at any
given time. In Ca.2050 BC, Ur Nammu, the king of Ur created the first legal codex: followed by
several other sets of laws in Mesopotamia including the Code of Hammurabai (ca. 1780 BC);
one of the best preserved example of the kind. Various rules and punishment on variety of
matters including women’s rights, children’s rights and slave rights are mentioned in the code.
The Persian Empire (Iran) established unprecedented principles of human rights in the 6th
century BC under the reign of Cyrus. Three centuries later, the Mauryan Empire established
principles of civil rights. Religious documents –the Vedas, the Bible, the Quran and Analects of
on focus also referred to the duties, rights and responsibilities of the citizens. In 1222, the
Manden Charter of Mali was a declaration of essential human rights including the rights to life,
and opposed the practice of slavery. Several 17th and 18th century European philosophers
developed the concept of natural rights, the notion that people possess certain rights by virtue of
being human.
The United States Declaration of Independence includes concept of natural rights and states “that
all men are created equal, that they are endowed by their creator with certain unalienable rights,
that among these are life, liberty and the pursuit of happiness” The concept of human rights has
undergone a revolutionary change since the Magna Charta of 1215 to the rights contained in the
Unites Nation Convention. The charter of United Nations which came into force in October1945
begins with the determination of the people of member nations to save the succeeding

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generations from the courage of war and to reaffirm their faith in the fundamental human rights
and the dignity of human being.
The ‘World conference of Human Rights’ held in 1993 marks a crucial stage in United Nation’s
policy in the field of human rights. The Vienna Declaration encouraged the United Nations to
pursue and strengthen its activities to make respect for human rights a priority objective on the
same level as development and democracy and to work for the concurrent achievements of these
three objectives. It is interesting to note that the United Nations ‘Commission on Human Rights’
also created in 1947, a sub-commission on ‘Freedom of Information and of the Press’ to report to
the ‘Commission on Human Rights’ on what rights, obligations and practices should constitute
the freedom of information. This necessarily had to be juxtaposed with the human rights. Its
report on the subject, including the draft code of ethics, was a copious contribution to the charter
drawn up subsequently.
Bearing in mind the pace of technological advancement in the field of communication, there is
need to have a permanent sub-commission that could monitor the developments and their
efficacy with the change of times. However, years after the creation of the revolutionary
document, most people are still unaware of their rights. According to poll conducted recently by
Amnesty International, the largest human rights organization in the world, only 8% of adults and
4% of youth in the Unites States are aware of “foundation stone for human rights”.
It is here that the media can play a salutary role in creating larger awareness of the concept of
human rights, Basic human rights that would constitute the right of every individual to his
fundamental freedom without distinction as to race, sex, language or religion.Human society has
developed from Stone Age to space age. But while some nations or societies have developed
apace the others seem to be nowhere in the race. The rights which citizens enjoy vary depending
upon the economic, social, political and cultural developments. In view of the fact that there is a
revolutionary change and growth in every sphere of life and mainly in the communication and
media world, media today, plays a decisive role in the development of society. Thus the role of
media in protection of human rights cannot be ignored or minimized. Media is a communicator
of the public. Today its role extends not only to giving facts as news, it also analyses and
comments on the facts and thus shapes the views of the people. The impact of media on society
today is beyond doubt and debate.
The media has been setting for the nation its social, political economic and even cultural agenda.
With the advent of satellite channels its impact is even sharper and deeper. With twenty-four
hours news-channels, people cannot remainneutral to and unaffected by what the channels are
serving day and night. It is,therefore, of paramount importance that the media plays an important
andethical role at all levels and in all parts of the country and the world.
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The reports of this statutory authority into the crisis that the nation faced in the 1990s in the
State of Punjab and Jammu and Kashmir. Whenmilitancy was at its peak in these two states, the
credibility of the media andthreats to their free functioning also came under the scanner. Also
inquired intoby the Council were the reports of human rights violation by the Army and thepara
military forces in Kashmir.In Punjab, the press was under threat from militants who had imposed
acrude form of censorship on the local press by enforcing publication of theirdictates so as to
perpetuate the fear psychosis, the mainstay of terrorists. In adouble jeopardy, the government
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warned the press of use of rule of the lawagainst publication of any 'objectionable advertisements
or subversive writings.
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The Press Council in its report of 1991 cautioned that it would not bedesirable to shut out the
point of view of the militants completely as the peoplein a democratic society have a right to
know what the militants stand for and the basis of their arguments, but there is a point beyond
which the state cannotabdicate. While it counselled the press to exercise due caution in
disseminatingthe press notes of the militant groups, equal emphasis was laid on the need forthe
press to be vigilant against official plants to maintain its credibility. Soon thereafter in Kashmir,
human rights excesses by army and the para military forces had invited international concern and
criticism. The role and the plight of the press also came under scanner. The Council found that
the threat to the freedom of the press in Kashmir came primarily from the climate of fear that the
militants had generated and caused the media to abandon their post. It wasfelt that the
newspapers must be willing to accept the risks that go with theirprofession. Experienced hands
should be posted who would report all sides andaspects of events fairly and objectively. The
result of inquiry into the report ofhuman rights excesses were astonishing. It was found that
while some excesses had indeed taken place, been enquired into and processed, the most
seriousinstances were without any foundation. Clearly, the psychological warfare byterrorists,
orchestra human rights violation needs careful, unbiased andthorough investigation to sift the
chaff from the grain.
Media can play a major role in protecting and promoting human rights in the world. It can make
people aware of the need to promote certain values inthe cause of human rights which are of
eternal value to the mankind. Peace,non-violence, disarmament, maintenance and promotion of
ecological balancesand unpolluted environment and ensuring human rights to all irrespective
ofcaste, color and creed should be the minimum common agenda for the media.The media can
perform this role in different ways. It can make people aware of their rights, expose its violations
and focus attention on people andareas in need of the protection of human rights and pursue their
case till they achieve them.
Media can also give publicity to the individuals and organizations, which are engaged in
securing human rights. This will encourage as well as motivateothers to do the similar
work.Media can inform and educate the people of their rights and suggest ways and means by
which they can solve their problems and thus empowering themto protect their rights.Since
media plays the role of communication between the state and thepublic, it can also play an
effective role of making the authorities aware of theirduties.Media’s new role today is reporting,
analyzing and commenting. It faces a challenge in playing the role in protecting human rights in
the world. Whileplaying this new role, there is risk of its misuse. For that self-regulation is
theneed of the hour. Journalists should set ‘Lakshman Rekha’ while reporting human rights
violations. The main aim before the journalists should be to givefacts but not in a manner and
with the purpose to create sensation and toarouse the sentiments of the people. Projection and
language should be decentand civilized. Journalists should not add insult to inquiry. Media
should refrainfrom giving statements and pictures that are flaring. Since media is the mirror of
the society, care should be taken that the mirror is not hazy.

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While reporting such violation media should not get influenced byauthorities. It should look deep
into the problem and provide solutions. Merereporting of the facts is not enough. It should give
reasons of the problem andthe nature of the violations and then give solutions.Press has a sacred
duty to focus human rights violations and thenmeasures for protecting them.Freedom of
expression is a sacred right well accepted over the globe andjournalists should respect this
freedom. In Indian constitution, it finds place asa guaranteed fundamental right. The Government
ofIndia in tune withconstitutional mandate professes its anxiety to protect and safeguard
thisfundamental right. But no right and for that matter the right to freedom ofexpression is
absolute and unfettered in all circumstances but bound by duty tomaintain peace and harmony of
the body polity by exercising prudence andrestraint in the exercise of right to freedom of speech.
If exercise of this right is likely to inflame passion, the right to freedom of expression
needscircumspection and consequent restraint for greater good of the society.
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The apex court of the country in a watershed judgment in the case of Olga Tellis declared that a
man has not only a right to live but to live with human dignity. Consequently all attributes for
living with the dignity of a human soulnamely education, shelter etc. are to be guaranteed and
welfare activities of theState must be directed to ensure socio-economic condition where no one
in the country is deprived of the basic requirements to lead a dignified life. Themediabeing the
watchdog of the nation must work for guiding the people and thegovernment to move towards
such goal relentlessly and in right direction.
5
For our media work it is very important to use the relevant human rights days as ¨hooks¨, special
days that can be used for media coverage, such as Dec. 10, the ratification of the convention of
the child, the UN year of human rights education. They serve the media as hooks to report on a
certain issues. Our experience is that media is not too interested in reporting on human rights
education projects, but rather reports on the violations of human rights. When we can give it a
hook like mentioned above, we experience openness, as images of children and young people
(our future.) are attractive to publish. In times when topics like violent juveniles, sexual abuse
among juveniles, and racism amongst juveniles are in the media, human rights education can be
more attractive for the media, showing that there are ways to address these issues.
Media has been entrusted with the responsibility of guarding the rights of the people in a
democratic political system. This points towards the pivotal role that media can play in ensuring
that the people who make a political system enjoy its positive outcome. However, it is important
to come out of the visionary discourse of media and critically look at its role and function in our
present socio-political context.
This paper tries to focus on three issues: role of media in protecting and promoting human rights,
media as the cause for violation of human rights, and lastly, media as the mediator in rethinking
human rights. The paper will also attempt to problematize the existing discourse of human rights
and media. The word ‘media’ in this paper refers largely to mainstream media.

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CHAPTER-2

2. MEDIA AS THE PROMOTER OF HUMAN RIGHTS IN INDIA

Since media are the eyes and ears of any democratic society, their existence becomes detrimental
to the sustenance of all democratic societies. Unless a society knows what is happening to it and
its members, the question of protecting or promoting rights does not emerge. Hence, it is in
fulfilling this function that media justifies its existence.
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No doubt in India, media especially the print, has played an important role in educating and
informing citizens of their rights as well as the violations of such rights. One cannot forget that
the origin of newspapers in India itself lay in challenging the denial of rights. Hicky’s Bengal
Gazette was begun in 1780 to challenge the autocratic rule of the East India Company. Of
course, James Augustus Hicky paid dearly for fighting for the rights and against their violations.
In South India, The Hindu, we are given to understand, constantly attracted the wrath of the then
British government, because it drew attention of the readers to the gross violation of people’s
dignity and rights. In the post – independence India to the newspapers have constantly attracted
the anger of and harassment by the governments for trying to take the truth to the people.
Significant section of the national press has dared to oppose events that have changed the course
of history in India – Emergency, Babri Masjid demolition, murder of Graham Steins and his
children, the Godhra carnage, and recently Nandigram.
However, one cannot forget that for much of the press, the rights of the Dalits, women, rural
poor, urban poor, and workers in the unorganized sector increasingly remained outside the
purview of human rights. Further, only the human rights violations by the state against the
middle class became violations of human rights for media.

2.1. MEDIA AS PROMOTER OF HUMAN RIGHTS VIOLATIONS

Although it sounds paradoxical, it is true that contemporary media driven by numbers is


increasingly becoming a cause for violations of human rights. Media is not only a witness but
also a promoter of violence. The then India Today reporter Shyam Tekwani involved in covering
Indian Peace Keeping Force (IPKF) operations in Sri Lanka took photographs of the Indian
soldiers captured and killed by the LTTE only to realize they used to mutilate the bodies because
he would click the photographs. During the 1992 riots, ‘mobs’ burnt more houses and other
building in order to create spectacle for the photographers. The Taliban inAfghanistan has also
gone on to burn the dead bodies and mutilate them in order to get better publicity through the so
called foreign journalists. A lot of child welfare NGOs inIndia have spoken about how European
and American documentary film makers have subjected street children to inhuman conditions to
get better visual impact.

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Communally insensitive reporting in the name of truth has not only claimed a number of
innocent human lives, but also created and perpetuated numerous stereotypes.The way media
harassed and treated Sabeel’s pregnant wife in Bangalore calls for serious reconsideration of
media as fourth estate.The above instances demand a close and serious questioning of numerous
media practices which violate or cause human rights violations.

2.2. RETHINKING HUMAN RIGHTS AND THE ROLE OF MEDIA

Contrary to the belief that human rights are an uncontested terrain, there is a vibrant history of
challenging them. The questioning has been there right from the time of the conception of human
rights to the post-globalized world. The momentum perhaps built up with signing of trade related
treaties by the ‘developing and third word countries’ which expedited the process of
globalization and the emergence of postnational societies.
The most important critique of human rights has been, what UpendraBaxi calls, ‘authorship,’ in
other words human rights have been seen as ‘the gift of the West to the rest’. He says that the
while such a metanarrative has disabled ‘any intercultural, multi-civilizational discourse on the
genealogy of human rights, it has also imparted ‘a loss of reflexivity in the terms of intercultural
learning, for the Euro American traditions (Baxi, 2002).
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Post-GATT, many thinkers see human rights as the strategy of neo-colonialism to further the
economic and political interests of the ‘first’ world countries. As Susan Kosy argues
“Neocolonial strategies of power are increasingly articulated … through a new Universalist
ethics of human rights, labor standards, environmental standards, and intellectual property rights
(Koshy, 1999).”
While such claims are valid one needs to pay attention to the politics of claims which have
significant consequences in the modern-day postcolonial societies. I wish to draw attention to
only three such issues.
8
First, there are conceptual problems in the ‘authorship’ metanarrative. Such a conceptualization
denies the historical experience to a society and does not acknowledge that the present is
transformed and acted upon by modernity, thereby proposing a sanitized and linear culture,
denying the plurality of culture and societies. By so doing, such claims also land them into the
same trap of non-self-reflexivity that they accuse the West of. Through such claims there is also
a greater danger of hampering inter-cultural learning for a culture. The claim also does not take
into account the fact that with the eleventh hour exit by the US from being a part of shaping
UDHR, the UDHR became socialist in its outlook, incorporating many a concern of the third
world nations.
Second, it is important to see who is articulating such claims. In the last two decades one notices
that such claims have been increasingly voiced by Hindutva organizations in India, and
dictatorial regimes in the neighboring countries in Asia and Africa which have a record of human

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rights violations themselves. Baxi says, “the original stories about human rights equip dictatorial
regimes in the Third World to deny wholesale, and in retail, even the most minimal protection
from human rights violations and serves such regimes with an atrocious impunity of power
(Baxi, 2002). In India such claims hide the pre- and post - independent nationalist politics of
creating a homogenous Hindu identity, at the cost numerous communities and cultures within the
subcontinent. This also masks the larger political equation that Nandi and many other scholars
have pointed out of -Indian =Hindu = upper caste male Hindu.
9
Third, human rights discourse emerges in the mid-twentieth century in the background of the
experience of the two World Wars, the fear of nation-states exploiting their subjects. However,
with globalization multinational corporations becoming more powerful than nation-states,
shouldn’t there be a serious rethinking of human rights? If one has a look at the instances of
protest against violations of human rights in India, they have largely been against the violations
of human rights by the state. However, there is hardly any protest against the violation of human
rights by the MNCs, who are mostly invisible in our imagination of human rights violations.
It is in this context that I propose for the media a newer role. Media needs to develop a critique
of existing frameworks human rights, and develop a plural and more nuanced discourse of
human rights in the public domain.

2.3. RETHINKING MEDIA

Media has largely become mass information rather than mass communication. Media needs to
communicate with the governments, NGOs, human rights activists and the public the critical
discourse of human rights and the violations. May be a paradigm shift is required to look at
media communication as community interaction rather than mass communication. Such a shift
would then justify the sacred role that media has been called upon to play. If the media does not
take up the role of enabling protection of human rights of the citizens, then it would become an
accomplice to the violation of human rights.
However, since media cannot be completely trusted, thanks to the changes brought about by the
economic and political developments, especially post liberalization, we need to strengthen
advocacy groups, citizen groups and media watch groups.
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Due to various historical reasons our imagination of media has largely been dominated by print
media. With print media increasingly losing its foothold in forming public opinion, there is a
pressing need to look at recent developments in new media, especially the cyberspace, and
mobile phone convergence and the consequent possibilities, to engage with discourses of human
rights through these media.
Media is increasingly getting concentrated in the hands of a few. While such a concentration will
reduce media spaces for plural voices, they also make such voices look non-significant. With
media becoming and industry, and profits becoming a priority, audience, who are increasingly

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referred to as ‘eyeballs,’ become merely numbers to determine the amount of advertisement


revenue that will flow into the organization.
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While media has played a significant role in the promoting the cause of human rights inIndia, it
has largely been by the print medium. There is an increasing need for the various other media
which have emerged post-independence to also engage with the discourse of human rights. This
calls for a departure from our own obsession with print medium as themedium, with marginal
inclusion of news-based television channels. There is also a critical need to engage with and
problematize the present binary discourse of human rights as well as the conception of mass
media. An inquiry and experimentation with alternative ownership and communication patterns
of media are also the need of the hour.

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CHAPTER-3

3. THE COMPLEXITY OF THE ROLE OF THE MEDIA

There is not just one role of the media. Media can take on many roles, which makes the
discussion on how to link media with human rights very complex, depending on the question:

3.1. Media in the role of the victim:

Is the questions, how we can protects journalist? The recent murder of the Russian journalist
Natalja Estemirowa is just one out of many sad examples of how dangerous it can be to expose
human rights violation or report on sensitive political issues.

3.2. Media in the role of the perpetrator:

Or is the question on how to stop media from violating human rights? In many cases the media
has an important role in heating up conflicts, using propaganda towards minorities. Also the use
of language in terms of reproducing stereo types or the media violating the rights to privacy are
important issues to consider.

3.3. Media in the role of the agenda setter / gate keeper:


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An important question can also be on how media set the agenda and act as a gatekeeper? The
media has a lot of power to turn an issue into a public debate or to ignore it. That concerns
national and international topics. Let’s take an example of a hunger crisis in South Sudan in the
early 90ies during the Gulf war. There was a big lack of media reporting resulting in no active
aid involvement from the international community. One of the many examples in which a crisis
was forgotten by the international press because of other ongoing events that were given priority.
There can be a particular interest of the owner of a media, economical motives and also personal
preferences and specialization of a journalist that influence what ends up on the agenda.

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3.4. Media in the role of the entrepreneur:

Another possible question is how media act as entrepreneurs? “Sex and crime” sell, as weknow.
It’s not only the responsibility of themedia but ofcourse the one of the readers whoinfluence the
quality of a medium,supportingits existence as consumers. In times ofeconomic crisis the
competition factor is high, cutting back jobs ofjournalist’s influence thequality and media don’t
want to take risk in their agenda setting.

3.5. Media in the role of the “amplifier”:


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Who has access to media? Is there a variety of media? If we think about that, we comeacross
the problems of illiteracy, education, available technology (internet). A democracy needs a broad
media landscape in order to enable public debates on relevant topics. In thatsense the media is an
important factor for a healthy immune system of every democracy.The media can “amplify”
people’s voice, it canmake their positions, questions, needs or demands heard.

3.6. Media in the role of the educator:

Should media take part in educating people / children? If so, who sets the content, thestandards?
Media can be active inreporting onhuman rights issues,for example on thesituation ofminorities
in a country in order to decrease stereotypes and increase understanding. A TV program can
educate children on their rights, a TVsoap can transport values through theirs characters. The
choice ofmovies shown in TV and in cinemas caninfluence people’s perspective.
Guaranteed freedom of expressionis the base for media to take responsible role ofprotector,
promoter and educator in human rights,and also to expose human rights violations while
protecting the reporters. 14A diverse media environment with independent mediaand no
monopolizationis crucial in avoiding media getting into the role of the perpetrator and limiting
the effects of agenda setting.An ethical codex for journalists or an ethical commission for media
affairs can help to set standards for ethical journalism. So does the training of journaliststhrough
setting up human rights education programs for schools of journalism. Quality standardsfor
licenses (TV, radio) can be set by a state in order to secure quality.
Access to informationis a condition that facilitates public debate and enables publicparticipation.
The fight against illiteracy or access to internet / radio / TV / press are two additional criteria to
mention in that regard. Media policy in state or private media can set educational priorities,
addressing the values of human rights, as mentioned above.

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CHAPTER-4

4. ROLE OF MEDIA IN PRESENT INDIAN SOCIAL SCENARIO

“It may be true that the law can’t make a man love me, but it can stop him from lynching that’s
pretty important.”Laws are enacted for the protection of people and for the smooth functioning
of the society. Laws provide a fair framework within which individuals and groups can choose
their own values and codes, consistent with a similar liberty for others. Hence laws both protect
the integrity of different sects of society and also promote their hormonalexistence. In the
absence of law and order, society will turn into an unbearable chaos. However law acquires its
life and performs its intended social functions through the process of implementation and
enforcements, without which it has little meaning in any given society. Implementationof law is
about „law-in-action‟ and not „law-in-the-books.‟
Implementation part is the most difficult part for therule of law. As Eugene Bardach notes,it is
hard enough to design public policies and programs that look good on paper. It is harder stillto
formulate them in words and slogans that resonate pleasingly in the ears of political leaders
andconstituencies to which they are responsive. And it is excruciatingly hard to implement them
in a way thatpleases anyone at all, including the supposed beneficiaries or clients.There is no
doubt that the implementation of law is a complicated socio-legal process which involvesmany
institutions and players. Judiciary and media are two independent institutions. Court, „the capital
of law’s empire‟is the first and last place where justice is fought for. Media is an indirect agent
that assists police and judiciary in serving justice to suffering people by bringing perpetrators of
law before public notice.
15
Media is the fourth pillar of democracy. It is a mirror of society and a powerful tool in
implementing laws. Although the Indian constitution does not have an exclusive act defining the
liberty of the press but it is evidently included in the freedom of speech and expression under the
Article 19 (1) (a). Media, a derivative ofword medium meaning carrier, reports news, provides
information and analysis on issues and creates awareness among masses. The fundamental
function of media, both print and mass media, is to inform people, educatethem and guiding the
society. Newspapers satisfies the queries of public by answering the questions of what, when,
where, why, how the events happened and who are participants in various happenings. Media is
easily accessible by all walks of people. It keeps people updated as information about everything
and from everywhere is provided within seconds. Mark Twain rightly said“There are only two
forces that can carry light to all corners of the globe…the sun in the heavens and the associated
press down here.”
Media plays an active role in raising awareness on human rights, apart from other civil and
political rights and helps in mobilizing people to recognize and protect human rights and
bringing perpetrators to justice. By reporting and denouncing cases of human rights violations
and other criminal cases and discussing punishments according to laws, media helps in bringing

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down the incidences of abuse and violation. Jian fu Chen notes, “Implementation is often
conceptualized as pressure politics (a system of pressure and counter pressure), a social and
political phenomenon, an administrative control process, or an intergovernmentalbargaining
process.
Media by exposing every crime, highlighting its far reaching effects, puts pressure on authorities
toimplement laws properly and to do justice to suffering people. Hence media roles as an
enforcer of law. It acts as a watchdog and investigates and evaluates every incident in detail. By
highlighting cases of violation and crime cases, media creates pressure on agencies to implement
laws properly and give due punishments to thepeople involved in such criminal activities. Media
offers a diagnostic and analytical platform for discussing thedifferent causes of and solutions to,
to the problem of improper implementation of law. 16Thereby forcing governments to adopt
policies to raise the standard of actual implementation and to improve the functioning of the
various law implementing/enforcing agencies.Media voices the hidden struggles of people for
justice. It infuses new hope in people who have lost hopes of getting any justice. Media pinpoints
the effect of delays and less punishments. Simply by reporting and discussing a crime event,
media catalyzes the process of effective implementation of laws. Media played an important role
in highlighting the cases such as Arushi murder case, Jessica Lal case. Media provided a
highprofile coverage of these crimes. These cases are being finalized due to the interference and
pressure of media.
Media is also an agent of change. It is because of media foregrounding the role of getting young
adults in rape cases that the juvenile laws are reviewed and the age is now reduced to 16 from 18.
Similarly sex determination tests were banned only when media brought its misuse to public
notice. Media has occupied a place of immense importance in today’s society. Media is the
difference betweenlight and darkness. It removes the veil of darkness with the sun of information
and right knowledge. By narrating the various rights and laws for the protection of rights in
simple language, media acts as a mentor for laymen. It is now common fact that media is a
beneficial agency in supporting or opposing any issue because it commands public opinion. As
government is answerable to public, it can’t ignore the irregularities brought tolight by media.
Hence as soon as media raises any issue, government tries to find its solution according to law.
This is the power of free media in a democratic state. It brings a transparency in the working of
administration. 17“Social media is a catalyst for the advancement of everyone’s rights. It’s where
we’re reminded that we’re all human and all equal. It’s where people can find and fight for a
cause, global or local, popular or specialized, even when there are hundreds of miles between
them”, there is now an increasing willingness among population to take their cases to court.
Media employs the tools of discussion, opinion polls, debates, and write ups to stimulate
authorities fortaking proper action. Hence media also holds the government and officials
accountable before general public.
“When there is information, there is enlightenment. When there is debate, there are solutions.
When there is no sharing of power, no rule of law, no accountability, there is abuse, corruption,
subjugation and indignation. By sharing information enlightens the common masses and puts a
check on abuse or violation of laws.Media does more than mere reporting news. It also monitors
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administration and keeps a check oncorruption and bad administration. The fight against
corruption has been largely fueled by the media. The scam cases like 2G spectrum, Adarsh
society scam, CWG scam, all were brought to public notice and brought thepoliticians under
scrutiny.
It is not only that media highlights the weaknesses of improper implementation and resulting
crimes, it also aware people for respecting and abiding by the laws of state, encourages people to
pursue a lifestyle based on virtues of honesty and moral values. Media is the most vigilant sector
towards the rule of law. Emphasizingthe necessity of rule of law for stable and smooth society in
citizens, media promotes a peaceful environment forthe implementation of law.It is through the
operation and functioning of law in society that justice, fairness and human rightsprotection are
achieved or abused.Laws in books serve no purpose. Implementation is life and breathe of laws.
Media is the guardian angel of the liberties that human race possesses. By imparting correct
news, media applies a brake on the high-handedness of the sword of injustice. By arming
common man with the weapons ofknowledge and awareness, it helps in building a peaceful law
governed just society.
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CHAPTER -5

5. ROLE OF MEDIA IN PROMOTING HUMAN RIGHTSIN JAMMU &


KASHMIR

On August 15, 1947, India got its independence from the British rule andwith Jammu&Kashmir
principalitybecame free as well. It was neither with India nor with Pakistan. But Pakistan wanted
it at all cost. When the British left, Pakistan began the siege on Kashmir. In fact, Pakistan wanted
to integrate with Jammu&Kashmir by force. On October 22, 1947 some 4000 to 5000 armed
tribes (Raider) from Pakistani side attacked on Kashmir under Operation Gulmarg (Hori Lal
Saxena, 1975). The aim was to capture Srinagar. On reaching Baramula these invaders started
looting, raping and killing innocent people. They put the human rights aside and inflicted harm
on all the rights of the individual.
During this hundreds of men, women, old and children were murdered.Many villages were
burned to ground. The human right to life, the right to expression, freedom, equality and all other
rights were flagrantly violated. If seen in modern perspective then it was the first incident of
these very large scale human rights violations in Kashmir after the independence from the British
rule (Hori Lal Saxena, 1975). 18 The Kashmir dispute began after Pakistan illegally occupied
thousands of square kilometers of Kashmir and then China also occupied some part of it. Since
then it hasn't been solved. It has been mentioned above. But the big serious thing is that
thousands of innocent people lost their lives because of this dispute. Millions of people were left
homeless (Hori Lal Saxena, 1975). This attack is discussed in media time to time and an
atmosphere to take action on thepeople responsible is created so that the victims get justice.
Though, in Jammu& Kashmir, nature and working style of media is quite different. Hence, if
media doesn't expose the issues related to human rights violations, it'll be difficult for the
victims to get justice. In many such cases, media has exposed human rights violationand
regularly make it a part of their news coverage, till the victims have got justice. In this context,
we can understand that media can play an important rolein humanrights promotion, as it has
potential to change society opinion and set agenda towards any positive thing.

5.1. DISPLACEMENT OF KASHMIRI HINDUS (KASHMIRI PANDITS)


FROM KASHMIR

It was not an ordinary incident when in the cold weather on January 19,1990 millions of
Kashmiri Hindus left Kashmir who had been living in the Valley for many-many years. It did not
happen all of a sudden in a day but in reality a ground had already been prepared for it. It is

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alleged that our neighboring country Pakistan planned the displacement of Kashmiri Hindus
from Kashmir because it wants to take over Kashmir in any case. To spread violence in Kashmir,
Pakistan has provided money and weapons to extremists (Nagendra Sehgala, 2011).
19
On January 22, 2012, In HUM LOG, a program aired on Hindi News channel NDTV India,
displaced Kashmiri Hindus said that the insurgency in Kashmir was atits peak in the 1990s.
During this time, the extremists selectively targeted Kashmiri Hindus. In these extremist
activities, on September 14, 1989 Secretary of State for the BJP Tikka Lal Taplu was gunned
down. One and a half months later, retired Sessions Judge Neelkanth Ganju was murdered who
had sentenced the Jammu & Kashmir Liberation Front leader Maqbool Butt to death. This
created panic among Kashmiri Hindus. Some Kashmiri Hindus tell that on January 4, 1990, a
note was pasted on the walls of all Hindu homes, which had written on it that if you donot leave
Kashmir, you'll be killed. People's right to live was flagrantly violated but the government and
administration were all sitting idle (NDTV India, 2012). This is not the only incident, such
several incidents took place every day.

5.2. EXTREMISTS MANIPULATED THE KASHMIRI MEDIA

Barring a few journalists, it is often accused that in 1990 media silentlywatched the arising
situation in Kashmir. One reason behind this was that the militants had taken media on their
target. Media used to get threats time and again from the extremists that if journalists wrote or
aired anything against them then they'll meet the fate of Kashmiri Hindus. Journalists who used
the freedom of expression freely were forced to do journalism in the shadows of fear. On
January4, 1990 an Urdu newspaper ‘Aftab’ printed a press release by the Hizbul Mujahedeen
word by word (Kanchan Gupta, 2008). In this release, the Hindus of Kashmir valley had been
warned to leaveimmediately or else things won't be good for them. On this day, almost all local
newspapers of Kashmir were full of such reports. 20Actually the insurgency in Kashmir was at its
peak around 1990. Law and order and human rights violationwere no big deal for them. Their
sole purpose was to displace Hindus from Kashmir in the name of jihad and make Kashmir a
Muslim state. Some foreign powers had been working behind this. To achieve this target, the
extremists fiercely abused media as well, with weapons and force. And due to fearful
atmosphere, few media houses compromised with their principles and ethics.

5.3. HAD TO LEAVE KASHMIR IN AN ATMOSPHERE OF FEAR


In January1990 Muslim fundamentalists started killing Hindu leaders and top officials in
Kashmir valley. Hindu women were gang raped and burnt alivebefore their family. Children
were beaten and killed. Kashmiri Hindus were feeling suffocated in Kashmir. They were
yearning to breathe freely. This was the reason why thousands of Kashmiri Hindus migrated to
Jammu on the night of January 19, 1990. No Hindu in Kashmir was safe at that time.Whoever

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spoke or wrote against the fanatics was killed. For instance, onFebruary 13, 1990, extremists
killed Lasa Kaul, director of Doordarshan Kendra, Srinagar. This killing of Lasa Kaul by the
extremists broke the patience of Kashmiri Pundits and then in March and in April also, people
fled to Jammu and other cities of the country. Even today, thousands of Kashmiri Pundits are
living in the shelter in government camps in Jammu. They say that they are forced to live as
refugees in their own country (Jagmohan, 2006).The scene of human rights violation lasted long
in Kashmir. Millions of Kashmiri Hindus were denied their home, property, land and other
things but the government and administration could not do anything. Most importantly, after the
exodus of Kashmiri Hindus terrorism expanded rapidly in Kashmir Valley and in Jammu &
Kashmir all over. Due to the displacement of millions of Kashimiri Hindus, Pakistan's intention
to occupy the entire Kashmir and many Kashmiri communities supporting the terrorists secretly,
the government at the center turned the valley into a military camp. State police is also engaged
in the task of maintaining peace in the valley. Their indirect aim is also to prevent human rights
violations.

5.4. MEDIA AND TERRORISM

Country's media has been working in a united manner to create an environment against the
terrorists who violate human rights. Media is always fully alert about the designs of Pakistan
and terrorists. The incidents of open violation of human rights of people by terrorists get
prominent space in the Indian media. Debate programs are shown on TV channels particularly
related to cases involving terrorist incidents. Long exclusive articles are published in
newspapers. The local media of Jammu& Kashmir as well as the national media working in
Delhi gives prominent space to terrorists and the nefarious acts carried out by them.
Government channels such as Doordarshan, Lok Sabha, Rajya Sabha andother national media
like BBC Hindi, NDTV, NDTV India, ABP News, Aaj Tak, Zee News etc. Periodically
broadcast many special programs on Jammu & Kashmir where the issues of protecting human
rights are seriously discussed. However, various journalists and columnists think differently on
human rights violation in Jammu & Kashmir by terrorists.21 Many journalists and columnists,
while talking about human rights, also talk of the human rights of terrorists and support to
protect their human rights as well. On the other hand, many journalists and columnists also
believe that terrorists who kill innocent people, who never hesitate to violate the human rights of
others, should not think about their own human rights.

5.5. SOCIAL MEDIA AND PROTECTION OF HUMAN RIGHTS

In this competitive era where the electronic media and various channels arevying to get ahead of
its rivals and where the print media is worried about its readership, there is a medium of media
which is providing information to people more quickly and with more objectivity. This medium
is social media. We remember September 2014 floods in Jammu & Kashmir.

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Social media showed and informed about the flood more than the Print and electronic media.
Social media can be used with mobile phones easily, whereas to run the newspaper and TV it
requires a certain office or machinery. So the social media is bound to be more accessible. If we
talk about Jammu & Kashmir, on November 3, 2014, in Badgam (Jammu & Kashmir) the
army killed two men in a firing (Times of India, 2014). 22Since military has the power of
AFSPA, they can attack anyone on the basis of suspicion and they do not need to answer anyone
for this. But the matter of killing innocent men without any evidence has been heavilydominated
in the print and electronic media, including on social media.
The military was forced to investigate the matter after social media and other media channels
highlighted the fake encounter case. After just 5 days, on November 8, 2014 Lt. Gen. DS Hooda
of Army Northern Command acknowledgedthe fault of army In this case. Taking responsibility
for the incident he said that in 10 days the matter will be investigated and the guilty soldiers and
officers will be punished. In government, military, administration today social media is
everywhere. Currently the Prime Minister of India and several ministers are connected to social
media and other leaders are also advised to join social media. Actually today the importance of
social media can be gauged from the fact that it is being used on a large scale by the
government, the army and the administration. Currently, the country's prime minister and most
of the ministers are using social media and other politicians, administrative officers are also
being advised to join it.

5.6. SEPARATISM AND MEDIA

The entire state of Jammu& Kashmir is affected by insurgency since it'saccession to India.
Though, if we believe in recent media reports then the separatist stance has slightly softened.
Several separatist leaders in the state are now beginning to believe in sending their message to
the government through dialogue, not by violence. This is the reason why ex-separatist leader
Sajjad Lone met Indian Prime Minister Narendra Modi on November 10, 2014 in Jammu &
Kashmir. The news media in the country published and aired this news prominently. There are
many things to understand in this. The most important thing is this that the separatists are now
quitting the path of violence and trying to come into the mainstream. That means the incidents of
human right violation during the violent activities of separatists will also reduce.
Therefore media has played a crucial role in the development of human rights by giving
prominent space to this news.Whether it is a matter of citizens' rights or the rights of separatists,
media has always tried to create an environment in the favor of human rights. From time to time
when separatists in the valley were arrested, at that time media had also displayed the interests
and rights of separatists. On October 31, 2014, 23The Hindu published a news titled “Separatists
leaders held in J&K' in which the arrest of separatist leaders in Jammu & Kashmir before
elections was reported. Actually, these separatists were planning to boycott the five-phase
assembly polls in 2014 so the police took them in preventive detention. People get to cast their
vote without fear by this kind of news in media and on the other hand the freedom of expression
of separatists is also promoted.
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Directly or indirectly this kind of news creates ground for the human rights of
theseparatists.Whether it is the separatist ideology or the nationalist ideology, media has always
tried to create an environment in favor of protecting human rights. Media does a commendable
job by informing about the human right protection work of Army to the separatists who always
talk about human rights, who demand an independent statehood for Jammu & Kashmir and who
think that the Indian army has forcefully increased its control over Jammu & Kashmir. In
September 2014, the same army which is accused by the separatists of forcefully increasing its
control over Jammu & Kashmir saved thousands of lives who were trapped in floods. More
importantly, the separatist leaders were nowhere close at that time.
The army came forward to protect human rights and to protect the rights ofpeople. Living hand-
carried by army troops. Media played an important role in the development of Human rights by
placing these kinds of news prominently. On September 10, 2014 Hindi news daily Dainik
Jagran published a news which was titled "Kashmir: Musibatkevakt gum hue alagavwadi,
senabanimasiha (Kashmir: In the time of trouble the separatists are nowhere to be seen, the army
became the Messiah)." Media has prominently played the news of human rights and humanity at
the time of floods in Jammu & Kashmir. TV, newspaper, radio, Internet or the social media,
they've all tried to contribute in the development of human rights and creating an environment
for its protection by placing the news of human rightsprominently during the Jammu & Kashmir
floods.
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Terrorism and separatism is a plot of neighboring countries! It is a well known fact that our
neighboring country Pakistan gives shelter and help terrorists. Pakistan has been supporting
terrorists to create an atmosphere of terror not only in India but all over the world. Many reports
have revealed it. Due to this Pakistan has had to face severe criticism much time on the
international platforms. Pakistan's then President Asif AliZardari had himself admitted at a press
conference in Islamabad in 2009 that they let the terrorist groups to flourish for its geo-strategic
objectives (The Telegraph (UK), 2009).
The satellite photographs taken by the US Federal Bureau of Investigation (FBI) makes it very
clear that many terrorist camps are active in Pakistan (DNA, 2006). There are strong evidences
that Pakistan's intelligence agency had been providing help to militant organizations such as
Lashkar-e-Taiba, Jaish-e-Mohammed, and Hizbul Mujahideen militant organizations active in
Kashmir. 25Pakistan is preparing jihadi terrorists on its land to forcefully occupy Jammu &
Kashmir who are spreading terror in Kashmir and fiercely violating human rights (David Scott,
2011). Many terrorists’ organisations declared by the United States of America are active in
Jammu & Kashmir and their headquarters are in Pakistan-occupied Kashmir. In 2010,
Pakistan's former president and army chief Pervez Musharf had also accepted the fact that they
train terror groups in Pakistan whichcan face the Indian army in Kashmir (Times of India, 2010).
Pakistan has been continuously working to create a climate in favor of theseparatists in Kashmir.
Experts believe that Pakistan backs separatists as a strategy to create pressure on India for a
referendum. Provided that either India has plebiscite in Kashmir or declare Kashmir an
independent nation and surrender it to separatists. Many reports have pointed out that the
separatists are playing an important role in creating an atmosphere in favor of Pakistan. They are

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politicising religion and trying to strengthen Pakistan that is why Pakistan has always favoredthe
separatists (Kaia Leather, 2003). On August 18, 2014, the Pakistani High Commissioner has met
separatist leader Shabir Shah of Jammu & Kashmir. On that day itself, just after their meeting
the Indian government immediately declared in a tough move that this foreign secretary’s
meeting is canceled from Indian side. Electronic media and social media carried this news
prominently on August 18 and print media published it on August 19.

5.7. AFSPA, HUMAN RIGHTS VIOLATION AND MEDIA

Allegations of human rights violation of the people of Jammu & Kashmir by abusing AFSPA has
been leveled against the military hundreds of times in the past two decades. It was often imposed
by the victim and so many times by human rights activists and organisations. Sometimes media
has stood the military in the dock for violation of human rights by abusing AFSPA. Media has
played an important role in protecting human rights. In present times, particularly social media is
working hard on human rights front and playing an effective role. In the past few years the
social media has been quite active in protecting human rights and bringing justice to the victims.
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Whether it is floods in Jammu & Kashmir or the 2014 assembly elections in the state, social
media has contributed significantly for creating an environment in favor of human rights. On one
hand social media is making people aware of their rights, on the other in case of the violation of
their rights it is forcing the government and the administration to take strict action and give
justice to the victim. Both media and the social media have made people aware of their rights.
This has not only made people aware of human rights, but now they are raisingtheir voice against
the incidents of human rights violation which they used to suffer with until now.

5.8. CHARACTER OF MEDIA IN JAMMU & KASHMIR

Before understanding the character of Media in Jammu& Kashmir it is very important to


understand that the state is divided into three regions. Kashmir, Jammu and Ladakh. Muslim
population is predominant in Kashmir so there are more urdu speaking and reading people.
That's why there are more Urdu newspaper here. English and Hindi newspapers are in the main
role in Ladakh region. Actually there are three kinds of media in Jammu & Kashmir - local
media, national media and social media.

1. Local Media :
In this there are regional Doordarshan center, Radio Kashmir andnewspapers published from
Jammu& Kashmir in Urdu, English, Hindi and Dogri. These newspapers include English dailies
Greater Kashmir, Kashmir Times, Kashmir Observer, Early Times; Hindi dailies Amar Ujala,
DainikJagaran, DainikBhaskar; and Urdu dailies Uzma, Ittelat, Roshni. Then there is national

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media on the other hand. National media is mainly operated from Delhi-NCR and several other
metro-cities in the country. Another medium of media is social media, which can be accessed
from anywhere in the world with the help of internet. Media’s new form, which is known as new
media (Social media, internet etc.) has emerged as the most powerful medium in this digital era.
Since Jammu& Kashmir has got a special status under Section 370, there is a very little
contribution of private investors in the field of media. 27The state media is dependent on the
government and its economic situation. Over the past several years, the situation of the local
media was critical. It was forced to work under the pressure of the government, the security
forces and the militants. There have been incidents when the state government has not made the
paper available for newspapers. Supplies needed to run the paper are often stopped so that
pressure on the local media is created and reports may be published in favor of the government.
However, situation of local media has now improved. Due to the arrival of Internet and e-paper,
local media is now strongly expressing itself without fear. That is why even the smallest human
rights violation events are getting prominent space in the local media. Via e-paper now every
little newspaper of Jammu& Kashmir reaches to the nation and abroad despite the lack of
resources and attracting attention of the world.

2. National Media:
The national media houses, operating from Delhi and other cities of the country, are reaching up
to Jammu & Kashmir through television and newspapers. The violent and terrorist activities in
the state have been attracting the attention of national media but it is constantly accused of not
giving sufficient space to the biggest news of Jammu & Kashmir. The national media is also
accused that it puts the stereotypical image of Jammu& Kashmir before the world whereas as
the time passes things are constantly changing. Some local journalists of Jammu & Kashmir also
believe that there are many other things which are news, not just the violent, radical and terrorist
events. But the national media rarely gives attention to these. However in the past decade, the
national media has increased its reach by appointing its correspondents to various major cities of
Jammu& Kashmir so that news reports of the state can get adequate space. All the news
channels operating from Delhi-NCR and newspapers publishing from here in Hindi, English and
other languages are national media.

3. New Media/ Social media:


In this age of information technology the whole world has transformed into a village. So the
social media is working as a powerful media. 28Experts believe that barring some anti-social
elements who share useless information, social media is the most reliable source of information
which provides the ground reality instantly across the world without fear or favor. Social media
plays a vital role in the development of human rights as well.
It has become quite easy to make people aware of human rights by the mediums of social media
such as Facebook, Twitter, YouTube, Whatsapp and blogs. During the floods in Jammu&
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Kashmir in September 2014 the social media contributed to the protection of human rights.
Through social media, minutes later, information of flood affected areas, pictures of people and
their needs was sent worldwide and people were inspired to help the flood affected people. It
was the result of this only that several thousand crore rupees, food, clothing and other items of
need were sent to Jammu & Kashmir in large amounts. And this is not only Jammu & Kashmir
but the whole country was able to face this calamity easily and so successfully.

5.9. SITUATION OF HUMAN RIGHTS VIOLATIONS IN JAMMU &


KASHMIR

From the time of accession to India, the state is facing human rights violations. Jammu &
Kashmir hardly sees a day when there is no violation of human rights somewhere. Terrorists,
security forces, government, administration all are accused of human rights violations. 29 In
Jammu & Kashmir mainly human rights violation like murder, forcefully hiding someone,
torture, rape and sexual abuse occur. Various terrorist organizations, the military and security
forces have faced serious allegations of human rights violation of the Kashmiri people
thousands of times and in different cases they were found guilty (Om Prakash Dwivedi and V.G.
Julie Rajan, 2016). According to known Human Rights organization Asia Watch, in 90s
terrorist groups forced Kashmiri Pundits for mass exodus and homelessness.
Events like Sexual harassment of women of Kashmiri Pundits, burning homes,torture and
forcefully snatching land were done to them (Asia Watch, 1991). Indian government claims that
the main culprits of this act are Jammu & Kashmir Liberation Front and militant outfits like
Hizbul Mujahedeen who act on the signals of Pakistan's ISI. Although, only terrorists and
separatists are not accused of human rights violation but millions of the security forces deployed
in the state to protect people have faced serious allegations of human rights violation in the past
two decades. 30A US report says that the Indian Army has done big scale extra -judicial killing of
innocents and suspects. The report has also said that the army has committed more killings and
human rights violation than terrorists and separatists.
However, defending the allegations of human rights violation incurred on military, the Indian
army has said that 97 per cent of all the cases on military personnel are fake. Reports and
official statistics may state otherwise, but human rights activists believe that the reality is quite
different from the official figures. In the past two decades there have been thousands of various
human rights violationin Jammu & Kashmir.

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CHAPTER-6

6. CASES OF HUMAN RIGHTS VIOLATION AND THE ROLE OF MEDIA

Thousands of cases of serious human rights violation in Jammu& Kashmir have been frequently
attributed to security forces. On the other hand, some other actors are also held responsible in
various cases for human rights violations. In light of this fact, media becomes more powerful
actor of the society, which can work for protection of human rights. The incidents of human
rights violation by security forces have occurred more in the following categories...

6.1. VIOLATION OF THE RIGHT TO LIFE

Death in custody- On May 1, 2008 Jammu & Kashmir State Human Rights Commission
took cognizance of some newspaper reports. Case of death of a 15 year old boy in the custody of
Rashtriya Rifles 6th Battalion in ShallaDooru of Handwara district was reported. 31Most of the
local newspapers of the state published the news from the perspective of human rights violations.
After which the State Human Rights Commission took cognizance of the incident and the
responsible soldiers were interrogated. Media created an environment in favor of justice for the
victims of human rights violation here and forced the administration to take action
(ParvezImroz& other, 2012).
Year 2011 the then chief minister handed over National Conference leader Syed
Mohammed Yusuf to the crime branch. After which he died in police custody (Nandini
Krishnan, 2011). Other than Local newspapers like Kashmir Times and Greater Kashmir,
national newspapers and news channels featured this news prominently. 32After media reports
there were several protests in the state. Opposition leader Mehbooba Mufti put pressure on the
government. Eventually the state had to undergo an independent investigation in this matter. This
investigation was headed by former Supreme Court judge H.S. Bedi in which later the then Chief
Minister of the state was given a clean chit. Although media and the victims family had been
consistently demanding a CBI inquiry into the matter. According to a report published in
Tehelka magazine on November 21, 2011, the Chief Minister of Jammu& Kashmir informed in
response to a written question stated that between Year 1990 and 2010, 341 people died in
custody in the state. In reality the figure is more than the official figure.

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6.2. EXTRAJUDICIAL KILLINGS

Centre for Human Rights reported that 30 year old Mohammad Ashraf Sheikh resident
of Pehlipora village in Kokarnag (sub-district) of Anantnag district was allegedly shot dead by 3
Jawans of Jammu & Kashmir light Infantry (JAK LI). The incident took place on 3 June 2008.
Tahir Pathan of the 17th Rifle Battalion and a military Informer Riaz Ahmed Chichi
werearrested on the charges of murder in this case. Family members of the victim alleged in
court that many officials of Indian army are directly involved in the murder. Reports regarding
this case were published and disseminated in media in detail (ACHR, 2007).
District and Sessions Judge HasnainMasudi issued non-bailable warrants against five
military personnel on April 2, 2008. Col Vikram Singh of 13 National Rifle, commanding officer
on the second level under him V. K. Sharma, Major Rishi, Junior commissioned Officer Puran
Singh and Nayak Satya are these personnel. 33They all were accused of conspiring to murder
ofShaukat Ahmad Kataria a religious leader in Srinagar mosque on December 4, 2006. A non-
bail able warrant was issued against them for not answering the summons sent repeatedly to
appear in court. This case was prominently covered by media because it was about human rights
violations. Informationregarding this incident was constantly provided to the people. Jammu &
Kashmir’s local newspaper Greater Kashmir prominently published the news on April 2, 2008
titled "Warrant against Colonel, 4 Soldier." The state's local newspapers as well as national
news channels and newspapers published and broadcast the news. This brought direct and
indirect awareness in thepublic about extra-judicial killing in human rights violation cases. In
April 2008, the state Human Rights Commission took suo moto cognizance of media reports
regarding 1000 anonymous graves in Lolab and Biglsur of Kupwara district and in various
villages in Baramula district of north Kashmir. It suggested the state government to make
strategy's to address this issue. This news featured prominently on the front pages of various
local newspapers including The Tribune, Kashmir Times and Greater Kashmir. In the case the
separatist Hurriyat Conference leaders staged widespread dharna and agitations and accused the
security forces of killing these people. In addition to the national media, the international media
also covered this big case of homicide prominently. Globally known satellite television network
Al-Jazeera published the news on its website on August 05, 2011. The news was published on
this website titled "Kashmir: A Wounded Paradise."

6.3. CASES OF HUMAN RIGHTS VIOLATION RELATED TO ILLEGAL


ARREST, ILLEGAL DETENTION (DISAPPEAR) AND TORTURE

21 of the Constitution of India states that except the proceedings established by law, no
person can be denied his life or personal liberty. The Supreme Court has also said in an order
that proceedings established by law should be perfectly fair and reasonable.34 On the other hand
Article 9 of the International covenant on Civil and Political Rights (ICCPR) binds India in a
border as a state and explains that the state must provide all citizens freedom. The article says

33
http://shodhganga.inflibnet.ac.in/bitstream/10603/107619/12/12_chapter%203.pdf
34
http://shodhganga.inflibnet.ac.in/bitstream/10603/107619/12/12_chapter%203.pdf
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that when the state has the provision of judicial detention then there is no basis for any other
form of detention. Despite cases like illegal arrest, illegal detention and torture are persistently
visible in Jammu & Kashmir. According to a report by Amnesty International, more than
10,000 people have been detained illegally in the past two decades under the Public Safety Act
(PSA). (Amnesty International, 2011)
to a report of the human rights group Amnesty International there have been many
such cases of human rights violation in 2013. Jammu & Kashmir police arrested 16 year old
teenager Sajjad Mir on March 8, 2013 in Srinagar under the Public Safety Act (PSA) for
allegedly pelting stones and disturbing the peace. Police immediately sent him to Kotbaval jail in
Jammu, about 300 kilometers away from his home without informing his family(Amnesty
International, 2013).
April 2013, Jammu & Kashmir High Court quashed the detention of Mir. Yet police re-
arrested him on the charges of insulting public officials, endangering self and people's lives,
possessing lethal weapon to attempt murder under the Ranbir Penal Code (RPC). After two days
the lower court (trial court) gave bail to Mir when his family deposited guaranty. But policedid
not release him. Instead, police kept on taking him to various police stations of Srinagar for
about a month. Police did not give any reason for keeping him in detention despite the court
order. He eventually was released on June 13, 2013 after nearly 39 days. The local media kept
total focus on the news of Mir's detention. Rising Kashmir, Kashmir Media Service and others
gave adequate space to the news. The police was forced to release Mir due to enough space given
to this news and because the news media revealed the negligence of police and administration.

6.4. REPORTING OF HUMAN RIGHTS AND ATTACK ON JOURNALISTS

In cases of human rights violation in Jammu & Kashmir journalist often work with complete
honesty and impartiality. But despite violation of human rights, local journalists write news
under pressure from the government, administration and terrorist groups. Journalist security is
important reason behind this (Amnesty International 2015-16).
In 1990s, journalists had to work under the pressure of terrorist groups and governments
(Pradeep Singh Balli, 2014). There are many reasons which have been mentioned above. But at
present, due to domination of information technology and rapid growth of social media,
journalists are able to speak with more freedom.
However, because of the practice of paid news by the government, news related to sensitive
issues such as human rights often do not get enough space. 35 In a report of international
organisation ‘Reporters without Border’ regarding freedom of press, India is ranked 133th in
the year 2016 (Reporters without Borders, 2016).36The ranking is done by World Press Freedom.
In the report, it is said particularly referring to Jammu & Kashmir and Chhattisgarh that
journalists are targeted here by both government and non -government organisations. Attacks on

35
http://shodhganga.inflibnet.ac.in/bitstream/10603/107619/12/12_chapter%203.pdf
36
http://shodhganga.inflibnet.ac.in/bitstream/10603/107619/12/12_chapter%203.pdf
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journalists are following during the coverage of the general elections held in 2014 in Jammu &
Kashmir...

Shaharbin Times were covering a meeting of a local political party on April 19, 2014. During
this, members of the special operation group including police officials attacked the journalists
and injured them gravely.
-journalist Javed Dar working for Xinhua News wasattacked by Kulgam
police.
, ShabnamFayaj of Munsif TV
and Adil Omar Shah of Voice TV were beaten by police.

the last two decades. In the 90s, journalists were intimidated for ever to report the news.
Journalists are constantly attacked; despite this most journalists report the human rights cases in
a sensitive manner. With the rise of social media now a common citizen can play the role of
journalist. So the government, terrorist or anyone many try to suppress the voice of truth but the
truth is exposed in some way or the other.

6.5. JAMMU & KASHMIR HUMAN RIGHTS COMMISSION

Jammu &Kashmir State Human Rights Commission is an organisation toprotect the human
rights, which works under the National Human Rights Commission. Though, Jammu&
Kashmir State Human Rights Commission has been set up to protect human rights, but
practically it hasn't been much of a use.
Role of this organization is very low despite the large number of human rights violation in the
state. There are two major reasons behind this. One, in reality this institution hasn't been
provided more autonomy and second, the state government does not follow the recommendations
of the organization. There is another important thing that security forces deployed in
Jammu&Kashmir do not come under the State Human Rights Commission. Since 2008, the post
of chairman of the Jammu& Kashmir Human Rights Commission is empty.
Several other members and staff are currently employed in the Commission. In 2006, the then
Chairman of the Jammu& Kashmir Human Rights Commission Justice A.M. Meer said in his
resignation letter to Governor Lt General (Retd) S.K. Sinha that the government has not
implemented a single suggestion made by the commission in his tenure. He wrote that the
Jammu& Kashmir State Human Rights Commission is not succeeding in its aim.
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6.6. HUMAN RIGHTS GROUP OPERATING IN THE STATE


37
Not only the state and national level organizations but also many international organizations
are active in Jammu & Kashmir state which is working to protect human rights. United Nations
and many other international organizationswatch the human rights violation in Jammu &
Kashmir closely. The main reason behind this is that in the present context the Jammu &
Kashmir dispute is a dispute which poses a major challenge at the international level whose
solution is discussed at the United Nations and various other forums.

National Organisations
I. International People's Tribunal on Human Rights and Justice in Kashmir (IPTK) –
The organization was set up in 2008 by some human rights activists to investigate the human
rights violation in Jammu & Kashmir . Another purpose of the organization is to bridge the
gap between Kashmiris and India. From the inception in 2008, Pervez Imroz, Angna P.
Chatterjee, GautamNavlakha and Zahir-Ud-Din were in important capacity in the organization.
II. Association of Parents of Disappeared Persons (APDP) – It is an organization by the
families of people who were detained by security forces in Jammu & Kashmir and tortured
extra judicially. APDP was founded in 1994. Its purpose is to give justice to the people
disappeared in Jammu& Kashmir and to keep the victim’s kin informed of the whereabouts.
Currently, more than 1,000 victims' families are part of thisorganisation. From time to time, this
organisation runs campaigns to liberate the people disappeared by unnecessary manner in
Jammu& Kashmir. On the 10th of each month, the families of missing victims organize a
general meeting led by APDP.
III. People Union for Democratic Rights (PUDR) - People’s Union for Democratic Rights is
a Delhi-based organisation which works to ensure civil liberties and democratic rights. PUDR
came into existence in 1976-77 but on national level it began working comprehensively on
February 1, 1981. At present it is working in various districts of India. Many reports of human
rights violation in Jammu & Kashmir have been prepared by the institution.

International Organisations
I. Asian Centre for Human Rights – It works to protect human rights and fundamental rights
in the entire Asian continent. The organisation does research on various issues related to human
rights and fundamental rights in India, Bhutan, Bangladesh, Afghanistan, Pakistan and other
Asiancountries. It shares the various facts found from the research with the national human rights
organisations and the United Nations Human Rights Council. So that an improved strategy can
be prepared for these sensitive issues in due time. This organisation helps to increase the
capacity of civil society groups and the activists working to protect human rights in various
Asian nations.

37
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II. Human Rights Watch - It was formed to protect the rights of people and to take notice of
fundamental human rights violation and speak out against it. Human Rights Watch has
headquarters in New York, America. The institution was founded in 1978 at the global level.
This institution does research in support of human rights. This organisation has offices
indifferent countries. It included Asia Watch in 1985, Africa Watch in 1988 and Middle East
watch in 1989 with itself. These three are known as Watch Committees. These three committees
work under the Human Rights Watch.
III. Amnesty International – Amnesty International is an international NGO. Striving to
protect human freedom and human values is its purpose. It also has various research institutions
in the field of human rights. The institution was founded in 1961 in UK. Amnesty International
tries to draw the attention of the whole world by doing research on the issues of human rights
violation. Its purpose is to put pressure on governments and institutions to protect human rights.
In 1977, the organisation received Nobel Peace Prize for carrying out a campaign against
exploitation. It got United Nations Human Rights Award in 1978. The organisation has
conducted research onthe situation of human rights in Chhattisgarh.
IV. Association for India’s Development (AID) - Association for India's Development is a
voluntary organisation and a campaign which works to promote long-term and fair development
in India. AID ia a US based non -profit organisation. Donations given to AID in US get tax
exemption. AID helps social organisations working at grassroots level in India and attempts to
better education, health and living standards in India. Not only this, AID does conservation
efforts in agriculture, energy and water resources. It also works for women empowerment and
social justice.
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CHAPTER-7

7. ROLE OF MEDIA IN UPHOLDING HUMAN RIGHT

Working in public interest, a sensitized, independent and responsible media helps develop a real
democratic and responsive society through public awareness for promoting a culture free of
religious intolerance, sectarian and ethnic divide, insecurities, injustices, economic deprivation,
discrimination against women, children, minorities, farmers, consumers and other disadvantaged
factions of society. In a conflict zone such as the North East Region of India, the role of media as
an upholder of human rights cannot be over-emphasized when various forces inimical to the
nation’s interest are in operation here. In public interest and in the spirit of democracy the media
is honor-bound to bring to the people and uphold their right to information the thought process of
those inimical forces trying to destabilize the country.38 Doing this it is no easy balancing job to
be at the same time being also cautious in reporting information that could incite violence and
excite people to support those forces. A journalist community sensitized on democracy and
human rights strives to create a social order which prohibits killings, mutilation, kidnappings,
torture, humiliating and degrading treatment either by the outside forces or the administration.
In a conflict zone, however, insensitivity to human dignity on the part of both the electronic or
print media is occasionally noticed -- often in their urgency to report incidents of bomb blasts by
insurgents, communal or any other violence as they happen. Commercial considerations for
attracting more viewers to the TV channels or readers to newspapers also cannot be ruled out for
sensational visual presentations ignoring the dignity of the dead. 39Visuals of gory dismembered
victims of the explosions or riots with close ups are shown repeatedly not only offending the
sensibility of the viewers, but also more so violating the dignity of the victims and the privacy of
their families. The visuals possibly are shown with the good intention of arousing public protest
and revulsion for such senseless violence, but the truth when shown insensitively loses its
impact. Restrain and caution are the watch words here when showing such visuals as absence of
warning about them offend and shock the viewers. Such visuals particularly have a negative
impact on children often confusing them, rob them of their innocence and create a fear psychosis
among them that their village, town or state is an unsafe place to live in.
Violent visuals have a further dangerous consequence of giving an unnecessary sense of bravado
to the perpetrators of violence for continuing with their attacks as a show of strength. In the case
of communal tension, violent visuals run the risk of instigating the base instincts even of the
moderates in the warring communities to participate in violence against each other.

38
http://www.dnaindia.com/india/report-nhrc-chairperson-highlights-role-of-media-in-protection-of-human-
rights-2480604
39
https://unama.unmissions.org/media%E2%80%99s-role-protecting-human-rights-spotlighted-un-backed-radio-
series
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As journalists of both the print and electronic media have a social responsibility to maintain
social order even as they report on issues of public interest, scribes have to be vigilant against
themselves so that they do not instead become a cause of further violence or even spark discord
among different communities through their irresponsible reporting. Though media is doing its
job of bringing to light any violation of human rights and individual freedom, yet it can focus
and be sensitized on the rights of the people taking up the cause of “Protecting their Right to
Know”.
Journalists being the most effective individuals to promote democratic norms and protect the
right to know of the people, it is a sensitized journalistic community that can also monitor, report
and help protect human rights.
Sometime ago during my journalistic assignment to cover an international conference, I had
asked a very senior official of one of the countries about the proceedings of the meeting. The
official was unwilling to talk initially. But upon my insistence this is what he had to say: “my
position is like a young girl being raped. After sometime the girl starts enjoying the rape”.
Shocking and completely irrelevant to my queries. This is where journalists step in and intervene
to change such chauvinistic attitude which reflects the prejudiced mindset against women’s
human dignity and self-respect. 40The media puts international and national human rights
standards to practice by telling people everywhere what democratic and basic rights they have
and how to claim and defend them. Well-informed and vigilant people insist on the effective
measures to enjoy their basic rights of equality of status, opportunity, equality before law, social,
economic and political justice and freedom of thoughts, expression, belief and faith. The media,
whether electronic, print or on-line, as a public interest entity helps people in attaining such
rights by exposing all sorts of human rights violations.
The Universal Declaration of Human Rights is the basic international manifesto that guarantees
inalienable and inviolable rights of all members of human family. Countries that agree to this
Declaration and other legal instruments on human rights are legally bound to bring national
legislation, policy and practice in line with the provisions set forth in these international
instruments and to respect and ensure the rights and freedom of individual citizens.
Though media is doing its job of bringing to light any violation of human rights and individual
freedom, yet it can focus and be sensitized on the rights of the people taking up the cause of
“Protecting their Right to know”. Working in public interest, it is only a sensitized, independent
and responsible media that can help develop a real democratic and responsive society through
public awareness for promoting a culture free of religious intolerance, sectarian and ethnic
divide, insecurities, injustices, economic deprivation, discrimination against women, children,
minorities, farmers, consumers and other disadvantaged factions of society. Working journalists
also need to ensure prompt, genuine and fair reporting on other thorny issues such as illiteracy,
child labor, oppressive socio-cultural norms and lack of access to equal opportunities for all,
besides environmental degradation.
Striving for prompt reporting and monitoring of the issues relating to democracy and human
rights by enhancing extensive coverage on the two issues, the journalists are encouraged to raise
voice against the atrocities and human right violations taking place anywhere. The newspersons

40
https://unama.unmissions.org/media%E2%80%99s-role-protecting-human-rights-spotlighted-un-backed-radio-
series
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reporting violations not only to their respective media -- be print, electronic or online -- should
also report them to local administrations and the Human Rights Commissions for their onward
submission to the high-ups to seek justice for victims. It would not be a bad idea for associations
of journalists to collectively lobby with local leaders, parliamentarians and bureaucrats for
assurances regarding effective implementation of human rights instruments and for adoption of
any such covenants.
Training on how to deal with news items of victims of rights violations would further go a long
way in developing a sensitized journalist community on democracy and human rights related
issues, particularly reporting on transparent election process, on HIV and AIDS issues, violence
against women, commercial sexual exploitation and abuse of children, exploitation of farmers,
minorities and consumers.
Instances of violation of human rights is noticed in reporting’s about rape and molestation cases.
By mentioning the name of the victim in the news copy adversely affects her dignity and future
by the unwanted negative publicity. The name of the rapist or aggressor, however, should by no
means be left out as this is a deterrent for future aggressors.
Print or TV advertisements showing women as objects also covertly violate the human rights of
women to dignity and honor. We often don’t realize this. In an advertisement for a car what is
the role of a female model seductively lying on the vehicle? 41The media here can help change
the social mindset that objectifies the female gender and also remove the prevailing perspective
of women as mere objects of male desire. A vigilant media during their line of duty reporting
about human rights violation themselves do not become the victims of such violation from an
unexpected quarter. Journalists can become victims of violence committed by officials or private
agencies and organizations. In such an eventuality, to protect themselves journalists have to raise
their voice for their safety and well-being. Journalist associations and journalism schools can
take proactive action by training and motivating journalists to deal with human rights and
poverty related issues and help the people organize themselves so that they may work to develop
their areas on self-help basis and attain the empowerment they need. Being relentless observers
and monitors of human rights and democracy, journalists need to take care to ensure a rights
based approach to reduce vulnerabilities, ensure fundamental rights of the people are promoted
for peace, well-being and social justice of current and future generations. A media that reflects
and shares the concern of society and the country on the important issues of the civil society and
public interest also ensures protection of human rights and promotion of democratic norms.
Lastly but not the least, the state human rights and women commissions’ role in upholding
human dignity by mobilizing public opinion in favor of democracy and human rights cannot be
overlooked.42 Frequent workshops and training courses can be conducted by the Commissions
for media persons to impart techniques on how to monitor and report violations of democratic
norms, human rights, poverty, governance, healthcare, environment, human development and
insurgency issues for promotion of a non-violent and tolerant culture. Workshops and seminars
can also be on how to write on the rights of vulnerable sections of society like women, children,

41
http://www.dnaindia.com/india/report-nhrc-chairperson-highlights-role-of-media-in-protection-of-human-
rights-2480604
42
https://unama.unmissions.org/media%E2%80%99s-role-protecting-human-rights-spotlighted-un-backed-radio-
series
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farmers, consumers and minorities for protection of basic rights and civil liberties of every
person to express his or her views, obtain information and hold ideas regardless of frontiers.

7.1. WHAT CAN SOCIAL MEDIA PLATFORMS DO FOR HUMAN RIGHTS?

Policy decisions by companies like Facebook and Twitter affect freedom of expression globally.
Civil society has constructive solutions to this problem – tech firms must continue to listen and
work with us.
Social media platforms such as Twitter and Facebook have become essential to free expression
in the digital age. From the Arab Spring, to Turkey, to major electoral reform rallies in Malaysia,
we’ve seen how movements around the world have used internet-based platforms to
communicate, organize, and share critical information that impacts their lives.
It’s easy to forget that Facebook, for example, was created as a simple tool to let college
classmates get to know each other. Now that platforms like Facebook have billions of users, the
decisions that social media companies make impact free expression on a global scale. Indeed,
many people who are new to the internet tend to confuse social media apps with the internet
itself, new research by the Mozilla Foundation confirms—a fact that has important implications
when it comes to free expression.
Social media platforms are increasingly where people connect with other people online. As such,
police and security agencies, especially in repressive countries, often rely on social media to
force people—members of minority groups, journalists, activists, and others—to reveal their
social networks. With one password, sometimes revealed under torture, government authorities
can clamp down on entire communities. 43Many human rights organizations have worked with
platforms like Facebook to develop mechanisms to ensure the safety and security of people who
are arrested and detained. At Access, our Digital Security Helpline works with platforms to help
secure the social media accounts of users when it’s necessary to protect human rights and
safeguard marginalized communities. Social media platforms have responded over the years by
developing numerous positive security enhancements.
However, these platforms don’t get it right all of the time. 44For example, Twitter is without a
doubt one of the most important platforms for news and information in the 21st century. Yet this
August, Twitter revoked access to its API for the Netherlands-based Open State Foundation,
which in 2010 created Polytopes, a valuable tool that lets the public see Tweets deleted by
politicians. Before Twitter revoked access, it had been used in 32 countries, as a way to stop
politicians from spinning their public statements after the fact. For that reason, we’ve joined a
coalition of transparency and free expression organizations from around the world in a letter
calling on Twitter to turn Polytopes back on. Without Polytopes, a politician who wants to
rewrite the past can more easily do just that. This harms free expression, which includes the right
to access information. On October 21, Twitter CEO Jack Dorsey pledged his company’s support
for free expression, accountability, and transparency while speaking at a conference for

43
https://www.opendemocracy.net/wfd/brett-solomon/what-can-social-media-platforms-do-for-human-rights
44
https://www.opendemocracy.net/wfd/brett-solomon/what-can-social-media-platforms-do-for-human-rights
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developers. His statement, which specifically mentioned Polytopes, is a welcome development


and Access will be working with Twitter over the coming months to determine how to promote
political transparency via the platform. Another example is Facebook, which has run into trouble
with its authentic name (or real name) policy, which requires you to use your real name when
you set up an account on Facebook.
For years, people have been harassed on Facebook by adversaries who flag them as having
“fake” identities, even when they’re using their real names. Others using pseudonyms have had
their accounts suspended, and have been required to submit documentation to prove that their
username matches a legal ID document—even though there is currently no secure way to encrypt
the documents submitted, and we don’t know exactly what Facebook does with the data
collected. Perhaps most disturbing, some people have had the name on their public Facebook
profile changed to match the name in their identity documents—without prior notice or consent.
These are the results of the real name policy, which negatively impacts human rights defenders,
journalists, members of marginalized communities, activists, organizations, and others.Through
our work fighting for digital rights across the globe, we have heard, for example, that several
Vietnamese writers and activists were flagged en masse and disallowed from using pen names on
Facebook. One activist, a mother with two sons in prison, had been using her Facebook account
primarily to campaign for their release. Every one of these activists and writers were asked to
verify their identities. They also reported that in several cases, when they provided documents,
Facebook unilaterally altered their accounts to list their legal names—without notifying them
first. Years of important and anonymous activism became instantly linked with people’s
identities.
Anonymity is essential to the exercise of free expression online. This has been confirmed by
David Kaye, the United Nations special rapporteur on freedom of expression and opinion, who
extolled the value of anonymity in a landmark report. 45As Kaye observed, “Prohibition of
anonymity online interferes with the right to freedom of expression.” This encompasses the full
exercise of the right to freedom of expression: the right to seek, receive, and impart information.
Many at-risk users rely on Facebook to fulfill all three of these important precepts.
But when people are forced to reveal their real identity—or an adversary exposes it—their ability
to exercise that right is threatened, and in some cases, their lives are placed in danger. 46This risk
will become even more significant as Facebook positions itself to deliver the world’s news.
Fortunately, European law already prohibits the use of real name policies due to data protection
regulations. But the rest of the world is not so fortunate.
For these reasons, Access joined a coalition of rights organizations from around the world,
including EFF and Human Rights Watch, in a letter to demand that Facebook fix the real name
policy. We came up with simple, workable solutions, including that Facebook allow pseudonyms
when using your everyday name would put you in danger; that the company require that people
who file abuse reports support their claims with evidence; and that it provide a robust appeals
process for people who are locked out of their accounts.

45
https://www.opendemocracy.net/wfd/brett-solomon/what-can-social-media-platforms-do-for-human-rights
46
https://www.opendemocracy.net/wfd/brett-solomon/what-can-social-media-platforms-do-for-human-rights
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We know that it is possible for tech companies to take the concerns of civil society seriously and
not only respond to reasonable requests to improve their platforms, but also to take a proactive
approach. In 2009, Russian police cracked down on civil society groups for allegedly using
pirated Microsoft software, and Microsoft employees helped with the investigations. After a
backlash from human rights groups, Microsoft altered its licenses to clearly provide its software
free of charge. Now, organizations all over the world can apply to receive free copies of
Windows, Microsoft Office, and other programs. This is good for digital security as well. Old
and/or pirated software often contains vulnerabilities which can be exploited by governments and
malicious attackers. Legitimate software can be easily patched to improve security.
As global internet platforms seek to expand further into our lives, we’ve seen worrying attacks
on the Silicon Valley commitment to support freedom of expression. Policy decisions by
technology companies affect expression on a mass scale—100 hours of video are uploaded to
YouTube every minute—and this can impact human rights and even place whole communities at
risk of persecution. Civil society has constructive solutions, and tech companies are increasingly
listening. All that’s required is for social media platforms to continue to listen, and to act.

7.2. VIOLENCE AGAINST WOMEN AND ROLE OF MEDIA

Media had still not played effective roles in minimizing domestic violence against women even,
media can play a lead role in the society's fight against violence against women. As media is the
eye, ear and limbs of the society they could help a great deal in mitigating violence against
women.
The media's role should be to expose and generate awareness against society's ills and evils,
therefore their role should be still more effective. The media has to be more aware of violence
against women. Even, many women have said that the media coverage (of rape or other
violence) was like a second assault all over again, because of their insensitivity in using pictures,
publishing names, and other violations of privacy.
47
We have some questions. Will media play a pivotal role in stopping injustices to women? Will
media sit together and discuss serious issues inhibiting woman's ability to enjoy right to freedom
and right to equality?
News coverage of violence against women has often been sensational, exploitative, and lacking
in serious analysis of the prevalence. However, media coverage and depictions of sexual assault
and domestic violence have begun to change. Although problems remain. Media also have a duty
to report accurately on acts of violence against women.48 Although some in the media are to be
commended for their ongoing efforts to reflect sensitive, diverse, and egalitarian images, others
in the media still incorporate images that convey destructive messages. Still women's bodies are
used as objects to sell products. Media should highlight injustices meted out to women by the
male dominated society. Media's growing role in highlighting violence against women and

47
https://probonoaustralia.com.au/news/2016/09/medias-powerful-role-ending-violence-women/
48
https://www.ourwatch.org.au/getmedia/339a9055-16fb-4d57-8cb3-3d2a2f9c5fa1/Media-representations-of-
violence-against-women-state-knowledge-paper.pdf.aspx
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stressed the need for creating awareness among the victim women about their rights, so that they
could protect themselves.
49
A Multi-Country Study, is a comprehensive analysis of domestic violence in nine developing
countries based on data from Demographic and Health Surveys finds high rates of domestic
violence in all cases and specifies that over 40% of women in several countries report being
victims of spousal or intimate partner abuse. In summary, the number of ever-married women
reporting spousal physical or sexual abuse was highest in Zambia (48%), Colombia (44%), and
Peru (42%) and lowest in Cambodia (18%), India (19%), and the Dominican Republic (22%).
About one in three women in Egypt (34%), Nicaragua (30%) and Haiti (29%) reported such
abuse. Interestingly, in most countries, the highest rates of violence occur in moderately wealthy
households and not, as commonly assumed, among the poorest households. Women are most at
risk at home and from men they know, usually a family member or spouse.
A new report by global human rights group, Amnesty International accuses countries the world
over of failing to protect women, saying one in three of them continues to face violence in and
outside home. Amnesty says millions of women are beaten, raped, murdered, assaulted or
mutilated - only because they are women. At least one in three women faces serious violence, it
says quoting a study based on 50 surveys conducted across the world. The 122-page report -
called 'It's in our hands - Stop Violence against Women' - stresses that women are subjected to
violence at the hands of the state or armed groups, the community or their own family. Violence
takes different forms.
The role of media is crucial to the issue of violence against women, both in terms of how media
cover the issue, and how media may be used as a tool to help activists and governments raise
awareness and implement programs on this issue. Media should also project the means to combat
violence.
Pratyoush Onta stated in his report50 "The mainstream media is very much politicized and it
picks up women issues according to the political interest of patron political parties. Due to the
lack of resources and trained work force, the media is not capable to produce widely impressive
materials. Some of the women issues like trafficking, prostitution and rape come in the media
just to create sensation. The media seems to be less concerned about women's issues and rights.
the following recommendations can be advanced for further action regarding media advocacy to
combat violence against women.
The networks of NGOs, advocating for women's cause, should try to include media in their
network, they should not see media as their adversary. The women's advocacy NGOs, networks
alliances should maintain transparency in their organizational structure, financial source and
activities. They should feel free to provide information about their organizations and activities. It
is not enough to inform people that VAW is increasing in our society, it is also imperative to let
them know that there are ways to diminish the VAW and what actions can be taken to deal with
particular case of VAW. Sometimes media itself becomes a cause to provoke VAW and
materials presented by it can be called as an act of VAW. For example, defaming false remark
about some woman in the media may cause her to suffer. Publication of obscene materials is an

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act of VAW for it demean women's dignity. The media should be conscious to present women in
their right perspective. The persons working in the media should be made conscious and
sensitive about gender issues and women's human rights. despite media's exposure of violence,
women and their families were still unwilling or afraid to come forward to take advantage of
whatever laws were on the statute book for the protection of women".
Media had been exhibiting a great deal of violence, but the problem arose because the morals
and ethics of a particular incident were under emphasised and the acts of violence were over
emphasised. Media held a mirror that exposed the ills of society. Though cases of violence
against women have always existed, the media has to play an important role in taking up the
issues. In addition to various brutal forms of violence against women, there are some lesser
offences including wife-battering, unnecessary restrictions, like not allowing the wife to go out,
etc. Despite being considered as a violation of human rights, these practices are, more or less,
accepted in our society.
Beena Sarwar, a TV producer in Pakistan, said media did play a role in combating violence
against women. She referred to the Meera wala incident where the victim did not want to speak
about her ordeal, but it was a local journalist who reported the incident, which was then taken up
by national and international media who brought the case to the limelight and serious action was
taken against the criminals. Even Media had helped in promoting human rights, so media should
act as a pressure group against these injustices.
The United Nations Declaration on the Elimination of Violence Against Women defines
Violence Against Women as such: ' 51Violence against women is a manifestation of historically
unequal power relations between men and women, which have led to domination over and
discrimination against women by men and to the prevention of the full advancement of women,
and that violence against women is one of the crucial social mechanisms by which women are
forced into a subordinate position compared with men. Some groups of women, such as
belonging to minority groups, indigenous women, refugee women, migrant women, women
living in rural or remote communities, destitute women, women in institutions or in detention,
female children, disabled women, elderly women and women in situations of armed conflict, are
especially vulnerable to violence'.
"Increasing rates of trafficking and alarming increases in HIV/AIDS infection in women and
children, fuelled by gender inequalities, stigmatization, violence and discriminatory attitudes, as
well as the widespread use of sexual violence as a weapon of intimidation and war, amply
demonstrated the continued relevance of international commitments to eliminate violence against
women and the urgent need for concerted international action". Women activist Puja Budhathoki
said.
Existing discriminatory laws, lack of support system for survivors of trafficking, and lack of
specific laws on sexual assaults have further aided the rise in violence against women. Due to
murder, rape, sexual abuse, battering, mental torture and various other kinds of violence, women
of every community, class, level and economic status were being deprived form the rights of
living with dignity.Thus, the demand that living free from violence is women's human rights had
been raised globally. Violence is committed against every weaker group. She argued. Even

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recently, women rights activists stress on the need to ratify the optional protocol of Convention
on the Elimination of all forms of Discrimination Against Women (CEDAW) to end all types of
violence against women. Nepal ratified the CEDAW in 1991. CEDAW states that member
countries should end all discrimination against women. Although the government has already
signed its Optional Protocol, ratification has yet to be made. The protocol authorizes the
CEDAW committee to intervene in case severe violence is not addressed.
Even after years of signing and ratifying the Convention on Elimination of All Forms of
Discrimination Against Women (CEDAW), women continue to suffer from serious
discrimination and violence all over the world.
In order to better enforce women's human rights and fully implement the CEDAW, the UN had
adopted the Optional Protocol in 1999 including provisions of access to justice for women at the
international level. 52The UN General Assembly adopted the Optional Protocol because
violations of women's human rights remain widespread in all societies and cultures and because
women are not aware of their rights and have difficulty getting remedies for violations of these
rights. Activists believe that the Optional Protocol benefit women by catalyzing changes in
national law and practices by motivating government to ensure that the Convention is
implemented at the national level and national remedies are effective in order to avoid being
called to account at the international level.
Likewise, it could also provide redress for individual victims. "Cultural and social norms of
patriarchal family and society are the root cause of violence against women. change in
patriarchal society and traditional thinking could be the solution to the render biased violence.
Women are victimised in the name of religion and tradition. It is difficult to change the
conservative mind of people but slowly we will have to try to change the tradition. Good
implementation of laws and clear concept at the policy making level are the most important
things to change the society." Puja argued. So, violence against women, in any of its forms,
should never be condoned or romanticized under any circumstances.
Media have the power to help create healthy communities in part by portraying healthy,
constructive communities. By increasing access to confidential resources and information about
sexual assault, dating and domestic violence, and stalking and by improving law enforcement
communication between jurisdictions, media are critical to ending violence against women and
girls. As with most positive technological developments, potential negative impacts are inherent
and should be addressed. So, media should develop story lines, images, characters, programs,
and products that promote healthy attitudes toward women, masculinity, relationships, and
sexuality. Media should provide fair and full coverage of women in politics, sports, business,
health, and education.

7.3. MEDIA AND PUBLIC AWARENESS

It can change opinions because they have access to people and this gives it a lot of strength. This
strength can either be used constructively by educating the people or it can be used destructively

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by misleading the innocent people.Power of the media can transform the whole society
especially in the developing countries it can be used as a 'weapon of mass destruction'. But I
think the most important use of media is to educate the people about the basic human rights. The
dilemma of the developing countries is that people are not fully aware of their basic rights and if
they know, they don't know about what to do and where to go. They don't know their collective
strength. Even they don't know how to protest and what is the importance of protests.
Media should portray the facts. They should not transform the reality. Education and discipline is
key to progress. This is the difference between a nation and a crowd. Media men have access to
people and they have an audience. 53Their programs have an impact and people listen to them.
That's why they are more responsible for the betterment of the society. They should work to
educate the people, to help the people and to liberate the people and to empower the people.
Media plays a very important role in the building of a society. Media has changed the societies of
world so much that we can't ignore its importance. First of all we should know what the media is.
Media is a source of information or communication. Media includes sources like print media and
electronic media. Newspapers, magazines and any other form, which is written or printed, is
included in print media and in electronic, media radio, television and Internet etc. are included.
When there are so many channels and newspapers we cannot ignore its importance in the society.
Media has lot of responsibility on its shoulders as today's society is very much influenced by the
role of media.

7.4. MEDIA CAN HELP CREATE AWARENESS IN SOCIETY

The media has the capability to empower the common man by spreading awareness and keeping
the government on its toes. Media is important in keeping a check on corruption and bad
administration. The role of media as a force multiplier in creating awareness and informing the
general public is important as no country can progress if only a section of population is doing
well. All sections of the society should reap the benefit of progress and development.
Communication The strategies which media use also is very impressive, they use Film stars and
cricketers in bringing awareness ,as most of the fans will follow what his ICON says. We see
Amitabh Bachchan bringing awareness about Polio Drops and the entire Indian cricket team
trying to bring awareness on HIV etc., as it is more appealing. Since every individual depends on
some media or the other for the latest News and updates this is the best way to bring awareness
in the society is a big role in bringing all people together.

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CHAPTER-8

8. RELATIONSHIP OF MEDIA AND PUBLIC

We have to first understand as to what role does the media have in political behavior and how
can we best describe the relationships between the public and media. As we know that media and
politics and media and public life, is best accomplished through multiple lenses, those of
historical narrative, ideological frame, and studies of behavior. The principal influence of the
media on public life is through the ways media present information and the contexts within
which they present it — how, in short, they treat the real world and how we, in turn, react to
those presentations. There are significant differences between the ways various media sectors
approach reality: The news and information media attempts to represent it. Advertising and
public relations practitioners try to focus attention on those aspects of reality that further interest
their clients.

8.1. ROLE OF MEDIA IN PUBLIC LIFE

The importance and the impact of the media, written or electronic cannot be marginalized in the
world of today. In the modern world of quick communication and quick information, media
plays a very crucial role. The original role of the media was and still is to give to the public all
relevant information about occurrences in the country and the world. Now the written media
includes a host of publications, dailies, fortnightly, weeklies, monthly all giving information
about events with supplement of suggestions and comments by learned people. Today, the print
media has acquired such proportions that, there is absolutely no avenue of knowledge or
information that is left out. 54Multifarious avenues are being touched upon, whether it is local,
national or international. All avenues are being dwelt upon at great length. The great advantage
of this media in spreading of news, knowledge and information through the length and breadth of
the world. Public implies openness, community, citizenship, discussion, debate.

8.2. ROLE OF MEDIA IN NATION BUILDING

In any democratic country the media plays a vital role in creating, moulding and reflecting public
opinion. Over the years the media became sopowerful that it soon acquired the status of
"FourthEstate" as it was aptly described by the Britishpolitician Edmund Burke. It also became
soindispensable for the democratic functioning thatThomas Jefferson who was also the third
USpresident (1801-1809) said, "Were it left to meto decide whether we should have a
governmentwithout newspapers or newspapers without agovernment, I should not hesitate for a

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momentto prefer the latter". For the same reason our firstPrime Minister, Jawaharlal Nehru
declared "Iwould rather have a completely free press withall the danger involved in the wrong
use of thatfreedom, than a suppressed or regulated press".In fact, the media touches almost every
aspect ofour public life.
Media plays a very important and crucialrole in enlightening and educating the people. Themedia
can aid public involvement throughadvocating issue and transferring knowledge, skillsand
technologies to the people. Awareness aboutvarious rural development programmers,propagation
of family planning could be spreadby using the media. It made farmers aware of thenew and
improved methods of agriculture andprotection of the crops.
Media plays very emphatic role in awakening people against many evils prevailed in the society
like child marriage,killing of female unborn child, the evil practice ofchild labor etc. Through
educationalprograms, it can cover many students in a singleplatform. The University Grants
Commissiontelecasts educational programs benefiting theschool and college students all over
India. Mediacan ignite scientific temper among the studentsfor development of science. The
Government canuse the media more effectively to make it aninstrument of social change.
Media has exposed a number of corruptpractices, hidden deals, thus putting a check onthe cancer
in the form of corruption in the society.The various news channels keep the vigilantcitizens
updated. They organize debates andgroup discussions about the current political issuesin order to
enlighten the people about thedemocratic process. 55Media serves as a bridgebetween the
government and the people. Thegovernment's policies and actions are conveyedto the people,
and the latter's views are forcefullyexpressed to make the authorities aware of thepublic feelings.
It makes the policy makers awareof the wrongs that may otherwise escapeattention.
Now-a-days media has become sopowerful that it is in a position to make or breakgovernments.
It is usually conceded that John F.Kennedy might never have been the AmericanPresident, were
it not for his brilliant performanceon television. The same is true about BarakObama who led his
Democratic Party to victorybecause of the dynamic confidence he projectedover the internet.
Heavy media emphasis on newsabout excess of Emergency brought about achange in the
government in India. Even apowerful President like Richard Nixon was forcedto leave the White
House due to the exposure bymedia in the notorious Watergate scandal.The media has a
distinctive role to play in bringingcommunal harmony which in turn will preservethe secular
fabric of a democratic country.

8.3. ROLE OF MEDIA IN INDIAN SOCIETY

The term media refers to several different forms of communication required to educate and make
a socially aware nation. The communication forms can be radio, television, cinema, magazines,
newspapers, and/or Internet-based web sites. These forms often play a varied and vital role in our
society.

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With the evolution in the field of economic reforms, India has witnessed a major advancement in
the role played by the media. Media has impacted our society in many ways. It has always
played a very crucial role as a source of information, education and entertainment.
During the early days of advancement, media was not only informative but also catered to the
development of a civilized society. These days, we find that the television channels and
newspapers are racing and competing with each other to make fast money. In order to do so, the
channels and news distributors are cashing on the news in an unethical way.
The condition is bad to such an extent that to become more popular and make more money, the
communication medium have surpassed all the limits in misguiding the society. The fact that
media is a critical resource in building a healthy and progressive society is nowhere observed
within our communication forms.
Moreover, at times, the media also hurt the sentiments of the people. The information that people
get to know from the media has a great power associated with it. It influences the masses in
many ways. Further, the impact of an unethical and unprofessional information shared through
the various communication forms leads to an avoidable aggression within our society.
Media is often considered as a mirror of the society. 56The main objective should be to inform,
educate and entertain the people. These days, media has solely become the voice of some
political parties. It presents the information in a more sensationalized form than ever before. The
only motive is to attract the society and increase the TRP ratings.
We must not forget the fact that there are some honest communication forms also. These forms
often put their lives at risk to inform us about an event or activity. These events/activities may be
in the form of a terrorist attack, natural disaster and sting operation to eradicate the social evil,
viz. corruption and/or other crime related news. Thus, these forms result in creating awareness
amongst the society.
The communication form(s) should be such that it provides a good atmosphere to enhance the
process of binding the society and not breaking the unity amongst the society. We should never
forget that if the various communication forms play their respective roles honestly and
cohesively, no one can either weaken the strength of our society or stop the development of our
nation.

8.4. THE ROLE OF MEDIA IN TODAY'S SOCIETY

In today's world, media has made a very special place for itself in our lives. If I say that today,
media has become as important as food and clothing, then I don t think so that I am over
exaggerating anything. There is no denial that media is playing a very significant role in making
the world smaller. Through various mediums of media whether it is radio, television, newspaper
or Internet, we are able to connect with large number of people around us.
Media is like a mirror of the society which reflects each and everything about the society to us.
Media has a huge responsibility of conveying the truth and relevant information to the common
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man .But media is not just confine to informing us about the world happenings and serving a
means to connect with people, in fact it also affects out thinking patterns as well. The way we
think and perceive various issues about the world is also shaped up by media. Today everyone
especially youth is growing so aware about his responsibilities towards society is because of
media.
When it comes to media, how can one forget to talk about the entertainment industry?
Entertainment is something that one cannot live without. Be it movies, radio, internet etc., media
is just everywhere in our life. Today entertainment is so easily available that every common
person is able to afford it. Music and movies are so easily available to us through the internet that
one does not have to spend loads of money on them. If we just look around then we would find
that there is no aspect of our life which is not touched and affected by media. Be it our work,
relationships, education or entertainment, media is seen everywhere. And there is no denial that
we cannot live without media.

THE INDIAN MEDIA LANDSCAPE


Among traditional media, television is the largestand most popular, with approximately two in
threehouseholds in the country owning a TV. Print media,opposing the global trend, continues to
grow in India,coming second to TV but with only about half thenumber of consumers.
Conventional wisdom suggeststhat radio, given its wider accessibility and lowercosts, would be
one of the more dominant media inthe country. 57However, policy and regulatory issuesand the
strong foothold of the visual medium in Indiahas resulted in radio having only a relatively
lowuser base, with a strong likelihood of being relegatedto the least popular media platform in
the comingyears. Moreover, in India, only All India Radio(AIR), the state-owned radio, is
allowed to broadcastnews bulletins, though guidelines cleared by theInformation and
Broadcasting Ministry in 2011 nowpermit private radio channels and community radioto
broadcast news bulletins from AIR in an uneditedformat.
Within TV, general entertainment is the mostwatched genre, whereas news forms a mere
fractionof overall viewership. Additionally, news viewershiphas faced a decline over the past
year, with Englishlanguagechannels declining most. Within print,Hindi and vernacular
newspapers together dominatecirculation and readership, while English-languagedailies continue
to dominate advertising revenues.

REGIONALISATION OF MEDIA
In both television and print, regional media outletshave gained in popularity in recent years, with
someof the southern states forming the largest regionalmedia markets in the country. According
to industrysources, there is likely to be further emphasis andgrowth in the regional media market
which willcontinue to gather momentum, as the prospect ofless competition, large unexplored
territories and anavailable audience makes these markets especiallyattractive. Through
interviews and discussionsconducted with media and sector experts, it has alsobecome clear that
regional outlets are more likely tobe keen on, as well as benefited by, external inputs,technical

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expertise and resources. This is attributedto the smaller scale of their operations,
ofteninadequately trained journalists, and frequentlyinsufficient resources. This presents a
goodopportunity for media development organisations totrain journalists on crucial issues such
as child rights.

NEW MEDIA: OUTPACING THE OLD


New media are the fastest growing in India,encompassing the Internet, social media and
mobile.In fact, mobile, with over 900 million subscribers,can lay claim to being the largest
medium in thecountry, having overtaken all other forms of mediathrough a growth of over 800%
since 2006. Mobiledevices are getting cheaper, access easier and timespent using them longer,
leading to significant shiftsin content consumption habits of large sections ofthe Indian populace.
Many mobile device usersare at the bottom of the socio-economic pyramid.58 A2010 United
Nations report noted that more IndiansMapping Digital Media: India, Open Society Foundation,
2012 have access to a mobile phone than to a toilet. Giventhe rising demand for network, access
and services,it is believed that 90% of the total population willhave mobile coverage by 2015 and
that mobilesubscriptions will exceed 1.2 billion by 2016.
The Internet and social media currently have arelatively low user base, skewed towards the
young,urban, English-speaking middle class. However,here too the user base is growing fast.
Within newmedia, websites offering extensive platforms for user generatedcontent (UGC) are
among the most popularin India. Facebook, the leading social media website,is accessed by 97%
of all social media users in India. Between November 2009 and March 2011, uniquevisitors to
Facebook grew from 11.2 to 31.6 million. As of March 2013, Facebook claims a base of 78
million monthly active users in India. Thisis an astounding 50% increase over the user base
ofMarch 2012.60 With over 78 million social networksurfers, a number rapidly growing, this
medium willbecome extremely hard to ignore in the near future.
Moreover, a significant increase is predicted not onlyin user numbers but also in inclusion across
classes,particularly because of growing Internet connectivitythrough mobile phones whose
penetration includesthe poor in remote rural areas. The top social mediawebsites accessed in
descending order are Facebook,Google Plus, Linkedin, Twitter, Orkut and Ibibo. Both Facebook
and Twitter are also very popularwith decision-makers, policy-influencers and CSOadvocates.
The audience for online news has also shownphenomenal growth in recent years, though
theoverall pattern of online news themes continues tobe determined by traditional news outlets.
In termsof reliability as an information medium, however,the Internet is at the bottom of the list,
while printis perceived as most credible. Training for advocacyCSOs, online reporters and
citizen journalists on howbest to use social media (mainly Facebook, Twitterand YouTube) to
broadcast information in the form ofinfographics, informative photographs, short
videos,interactive discussions etc. and ensure that onlyhighly credible content is uploaded, could
possiblyhelp raise the status and credibility of social media inIndia.

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ADVERTISING: CALLING THE SHOTS


An important point to note in understanding thefunctioning of India’s news media is that it is
mainlyfinanced by advertising; and in this advertisingdrivenage, audience numbers hold the key.
This, asreported by numerous Indian journalists, editorsand CSO staff interviewed during our
research,has resulted in a near uniform preference forsensational treatment of all news items and
thepractice of consistent ‘breaking news’ in Indian newsbroadcasting. Where day-to-day news
coverageis concerned, a lack of regard for good-qualityinvestigative journalism or follow-up has
become thenorm.
Moreover, in India there is currently a transformationtaking place as print and broadcast
mediaorganisations struggle to deal with rising costsand new restrictive regulations on
advertisingtime. Recent newspaper reports have indicatedredundancies, closures and sell-offs
within severalnews organisations, pointing to leaner newsroomsand a long-term strategy led by
digital and mobileplatforms. With a growing digital and Internetsavvyaudience, and advertising
spends shifting fromtelevision or print to digital and social media, manyin the media believe that
digital media will be thefuture. This could potentially open up niche contentareas online, wherein
news outlets looking at ‘sticky’web content may become more interested in theinclusion of high-
quality child-rights related or childproducedcontent created in an online format.

CHILDREN’S VOICES ARE ABSENT


Children are not considered a key audiencesegment in either news broadcasting or print.News
targeted at children is confined to periodicalchildren’s supplements or pull-outs carried by
somenewspapers. But these children’s supplements aretargeted at, and accessed by, more
privileged sectionsof society, with only limited access in rural areas.They also tend to have an
entertainment or highereducation focus rather than a focus on child issuesor child rights. In line
with this, Indian ReadershipSurvey data highlights the fact that newspaperreading is least
frequent among 12-15-year olds, with59% of literate children not reading newspapers.
Since reading habits are formed in the early years,the FICCI-KPMG 2013 report points out that
failingto engage the child and youth population could be apotential threat to the print industry, as
there exists avery real possibility of this section of the Indian readerbase shifting to new and
social media for their newsand views. 59Thus, it seems that if the print industry isto survive in the
long term, it would become essentialfor print publications to target news content at theliterate
child and youth section, possibly through anincrease in child-produced and child-oriented
newscontent in their publications.

THE MEDIA PERSPECTIVE


The majority of media professionals interviewedas part of this study believe that well-strategise
dprojects could bring about a welcome change in theway rights-based issues are covered by
India’s media,and a much-needed boost for the promotion of childrights. However, many
signaled that a nationwide programme could be an extremely challenging effortconsidering the

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vastness and complex dynamicsof the Indian media. Media sources indicatedthat success would
depend not only on the kind ofactivities developed, but also to a large extent on thekind and level
of specific partnerships formed and thecredibility attached to these by the overall media.
“For both print and TV, there needs to be a‘news peg’ – while no editor would want tobe quoted
stating this, the fact is that it isvery difficult for media to move away fromsensational incident-
based reporting for fearof losing viewers. There is however a lot ofscope to introduce trainings
that focus onmaking such incident-based reporting moreresponsible and slightly more
discursive.”
Discussions and interviews revealed that the primaryreason for media not being interested in
child rightsis the lack of consumer interest in child issues, andthe perceived low political or
economic significance ofthis theme.60 Low consumer interest translates into lowcirculation
figures, which in turn translates to loweradvertising revenues, exerting sufficient pressure
oneditors to neglect child rights in their coverageFocus group participants as well as senior-level
mediaprofessionals acknowledged that neither the medianor the general public are truly aware of
the nuancesof child rights and related laws or internationalconventions. Activities such as child
rights-relatedtrainings, fellowships, awards, festivals, seminarsand a media-CSO network were
perceived as havinga stronger chance for success in implementationcompared to mainstream
media uptake of child voiceand child-produced content. It was suggested thatthe activities be
made accessible to a wide group ofmedia outlets, both at the regional as well as nationallevel,
rather than linking with select media outlets toavoid detachment of rival outlets, and to ensure
widerstakeholder reach.

SOCIAL MEDIA: ON THE RISE FORRURAL YOUTH


Social media experts pointed out that the growingnumber of urban, middle-class youth Internet
usersare increasingly using the Internet and social mediaas a means of keeping abreast of the
latest news andcurrent affairs: often engaging in extensive debateson social and political issues
on sites such as Facebookand Twitter. While many media professionals inthe metropolitan cities
of Delhi and Mumbai weresceptical about the scope of social media use invernacular-language
or rural settings, those inRahul Goswami (21) filming at a shelter near the Khidderpur Child
Protection Centre, Kolkata, India, in 2011. He wrote stories forthe monthly newsletter, Youth
Speak, and produced one-minute documentary dramas topics relevant to young people in thearea.
vernacular-language areas promptly pointed out thatthe popularity of social media has been on a
constantrise in rural settings with many rural teenagersaccessing social media, particularly
Facebook,through mobile phones for sharing photographs,posts and displaying ‘likes’. While the
lack of Englishknowledge amongst many rural youth is a significant barrier, Avanindra Mishra,
head of the Hindi web portal Naya India, says, “It is an urban myth thatrural youth do not have
access to the Internet; withthe growing popularity of mobile phones, manyeducated rural
teenagers, particularly boys, arelearning to use tools such as Google Translate andcan now
access and read articles that they feel arerelevant or interesting.” With increasing mobility
andsocial networking offered by operators, it’s expectedthat more young users will get onto
social networksand the Internet.

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THE MEDIA, CIVIL SOCIETYAND GOVERNMENT: UNEASY BED FELLOWS


Discussions on media networking with CSOs revealeda picture of extreme and deep-rooted
media mistrustof CSOs. Nearly all the journalists and editorscontacted believed CSOs rarely
engaged in genuinesensitisation on rights-based issues through media,and that they were biased
sources with questionableagendas who tend to access the media for selfindulgentpublic relations
(PR) exercises. Whilemedia representatives stated they had easy accessto CSOs as sources
whenever required, large, wellestablishedCSOs were viewed as particularly difficultto partner
with, as they are often unresponsive tojournalist requests for quotes or specific information.
Media professionals identified several specific areasof concern in the quality of communication
materialdeveloped by CSOs for sharing with the media.61These include for instance, overly self-
serving pressreleases, inadequate sample sizes, verbose andjargon-laden content, excessive delay
in providingquotes etc. – issues that could possibly be addressedthrough communication training
for CSOs.An active media-CSO networking platform wasviewed as beneficial as it could help
increase tip-offsfor story ideas and provide a larger range of advocacyvoices as sources, or as
panel guests. A good mediaCSOnetwork was also seen as a possible route to getbetter access to
affected families or communities.During discussions, both print and televisionreporters felt that
currently, child rights advocatevoices used by media are only from select largeNGOs or from
statutory bodies such as the NationalCommission for Protection of Child Rights (NCPCR).
They believed that smaller grassroots NGO advocatesare often ignored for quotes, as they are
less visible(because of limited networking resources) and lackthe credibility of larger
organisations. However,they felt these smaller organisations have the mostaccurate
understanding of on-ground situations andcan bring real issues to the fore.
Media stated that access to key, central governmentsources in Delhi is extremely difficult.
However,the ease and quality of access to state governmentsources varies across states; it also
depends largelyon the networking capacity of individual reporters.Further, the media shared that
most governmentdatabases are outdated – data on child-related issues,in particular, are scattered
and incomplete, whichwas cited as a big drawback when using governmentsources.
At the same time, government officials said thatmedia understanding of government
functioningwas very poor. There was also frequent misquotingof interviews given by
government officials. Assuggested by interviewees, key media-related activityrequirements
within this space include supporting thedissemination of information through mainstreammedia
on how one can access government childrelatedschemes and services, as well as organizing
theme-based government-media interfaces to betterinform the media on government functioning
withinthe child sector.

THE CIVIL SOCIETYPERSPECTIVE


There is unanimous agreement among CSOs andchild rights advocates in India that media is
anextremely important and powerful stakeholder inenhancing the public’s child rights awareness,

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and inproviding the push for policy and legislative changes.But Indian NGOs also view current
media coverageas irresponsible, politically driven and sensationalist,thereby depriving the public
of a well-informed,comprehensive and nuanced understanding of childrights.
Based on focus group discussions and interviews withchild rights experts, advocates’ key
expectations fromthe media are increased coverage of success stories,responsible child-rights
reporting, engagement ofjournalists in more in-depth investigative reporting(including follow-up
and discursive pieces), andimproved background knowledge of journalists onchild rights issues.
CSOs suggest that they couldassist in the sensitisation of the media via workshops,organising
field visits for journalists, and providingaccess to children during child-media interfaces, etc.

CIVIL SOCIETY ORGANISATIONS AND TRADITIONAL MEDIA: OFTEN AT ODDS


There are significant state-to-state differences in thequality of CSO-media relations, and in the
underlyingreasons for why CSOs seek media coverage for childrelatedissues. However, the form
of interactionbetween traditional media and CSOs is almost alwaystwo-way, with each
approaching the other, yet witheach party intending to achieve vastly differenttypes of media
coverage. 62Media generally contactCSOs to obtain information/sources as a backdropfor
sensational coverage on incident-based stories,mainly to increase audience. CSOs contact
mediafor coverage of their work, primarily motivated bythe need to ensure publicity and
branding, withincreasing child rights awareness often being asecondary goal. Many mid-to-large
sized CSOsensure that media professionals follow theirorganisation’s child protection policies
and cooperatewith the signing of consent forms and formal parent/guardian permissions before
permitting interactionwith children associated with their organisation.
Small, community-level CSOs, however, do not tendto have such systems in place.Child rights
advocates further shared that mediaprofessionals often have unreasonable expectationsof CSOs.
There have been incidents where the mediahas blatantly flouted child coverage laws and
engagedin unethical practices, including in some parts of thecountry – demands from journalists
that CSOs pay acertain sum for favourable reporting. “Journalists have forgotten
whatinvestigative journalism is. They expectus to give them their stories and detailedinformation
– only then will they carry it.Journalists call us often… usually to givethem access to a child, to
facilitate entry intoa juvenile institution etc, and sometimesthey even request that we find out
someinformation for them. They want us to do thework and provide them with a ready-
madestory. As a child rights activist, providing aready-made, media-packaged story is notwhat I
should be doing. Moreover, I do notlike the idea of providing journalists accessto a traumatised
child/family just so they cancover a sensationalised story.”

DIRECTOR OF NATIONAL, NON-GOVERNMENTAL CHILD PROTECTION


ORGANISATION
Large, national CSOs often have a separate mediaadvocacy and communications department
andsome of these also hire PR agencies to enhancemedia coverage. The hired PR agencies
usually trackmedia coverage on child rights, keep a record of the articles that the organisation

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has been mentioned in and regularly brief the organisation on which issues or media houses
quotes can be prepared for– most formal CSO-media house partnerships areprimarily
project/campaign based. Nevertheless,some large CSOs (including internationalorganisations)
admitted that despite the existenceof media communication departments within their
organisations, no clear media strategy is etched outand interaction is largely reactive, driven by
currentevents, or is brand-orientated.
Partnerships with film or sports celebrities area common strategy used by both small and large
CSOs in India for ensuring media coverage.63 All large organisations have officially partnered
withcelebrities to promote issue-based causes, whilesmall CSOs usually engage in only event-
basedpartnerships with celebrities. Child rights advocatesare unsure of how effective celebrity
involvement hasbeen in genuinely highlighting child rights issues.However, it is generally
accepted that well-knowncelebrities guarantee the presence of the media andthey help provide
the initial push and the momentaryedge to campaigns. Engaging celebrities is cited asan
expensive affair even though most celebritiesagree on a pro-bono basis, as event production
costsincrease and the high-end needs of the celebrities areexpected to be taken care of by the host
organisation.
Advocates feel that the biggest challenge whenengaging celebrities, however, is that the
mediafocuses far more on the celebrity than the child rightsissue. Rather than the expert’s
opinions on an issueor concrete data, the less-informed celebrity opinionsare quoted by the
media.CSOs of all sizes have been reasonably successful inengaging with the media through
formal or informal‘tie-ups’, with some CSOs engaging in specificstrategies to ensure wider
coverage. However, thequality and effectiveness of such engagements ingenuinely enhancing
child rights awareness andpolicy impact is questionable. CSOs typically measuresuccess within
traditional media in terms of numberof news reports that mention the organisation’s name and/or
project activities.
A few large state- and national-level organisations also look at proactive engagement and
involvement withthe media – this includes activities such as holding press conferences, media
sensitisation work shops,providing issue-based information kits to journalists,arranging field
visits for journalists, organizing media-children interfaces, developing child rights media
fellowship programmes, partnering with journalism schools and mass communicationuniversity
departments to develop curricula onchild rights coverage, etc. Organisations such as Plan India
and UNICEF lead in this area, followedmore recently by Save the Children and Children’sRights
and You (CRY). Many organisations also putdown clear rules for their staff or partners
regardingdata sharing with the media. A large number ofIndian CSOs have projects that focus on
media skillstraining for children. Several small CSOs bring outperiodical newsletters, news
bulletins, magazines,etc. created by and for children that are distributedwithin local
communities. There are also a few CSOswho have as their sole focus the creation of right
sbasedor development-oriented media material fordissemination through local or mainstream
media.
Several organisations have attempted to engage withcommunity radio and private FM channels,
but theseefforts have had limited success and reach. Further,because of the high costs of buying
airtime onprivate radio stations or producing radio shows, suchinitiatives have been difficult to

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sustain once fundingfor a given project ceases. Traditional media formssuch as theatre, dance,
music, art, visual messages/billboards are also frequently used by hundreds ofCSOs as part of
their programme activities or for developing awareness/publicity.
Certain kinds of CSOs prefer minimal interactionwith the media. Since media often tends to
focuson government service delivery failures, severalsmall and large government-funded CSOs
or thosethat work closely with the Indian government, or ingovernment premises, consciously
avoid the media to avoid antagonising the government. 64Further, severalsmall CSOs that focus
primarily on implementationor service-delivery activities rather than advocacyor awareness-
building choose not to actively engagewith the media. Moreover, CSOs engaged in corruptuse of
funds, or unethical provision of servicesstrategically avoid the media to prevent scrutiny
andconsequent bad publicity, legal action or shut down.
Overall, CSOs have found local district-level mediaeasier to engage with and far more interested
incovering child issues than mainstream state- ornational-level media. CSOs find print easier to
engagewith compared to television. The experience of childrights experts and media
spokespeople regardingthe level of respect during media interactionsdiffered according to
advocate, media outlet andstate. A patronising attitude by the media towards CSO advocates was
common, while statements bychild rights advocates were occasionally twisted andmisinterpreted
by the media to sensationalise content for readers and viewers. Advocates further noted
thatmedia often call the same urban-based experts for awhole range of child rights issues.
According to them, media professionals are unable to grasp the vastnessof the child rights sector
and the nuances involved,and to understand that opinion needs to be gatheredfrom those expert
on specific issues such as child labour, child trafficking and child protection etc. Asa result, the
range of child rights advocate voices isrestricted and excludes grassroots opinions, creatingthe
need for a CSO-media network to develop a list ofcredible, issue-wise experts.
As reported across interviews and focus groupdiscussions, the current media-CSO interaction
inIndia, particularly at the grassroots level, is weak orinformal at best, with no clear long-term
strategy inplace. Many small and mid-sized CSOs are unable toundergo awareness training on
child media coverageguidelines, so they can ensure journalists whoare permitted to interact with
their organisation’s children abide by them.
CSOs also felt children should be given moreopportunities to participate in the media.
Forinstance, through an increase in media-childreninterfaces; training CSO-associated children
to scanthe media and give them access to media professionalswith whom they can share their
observations on thequality of child rights coverage and their opinions onkey child rights issues;
creation of a national-levelchildren’s newswire etc.

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CHAPTER -9

9. CONCLUSIONS AND SUGGESTIONS

The promotion and protection of Human Rights is an International concern.Today, the


protection of Human Rights is generally recognized to be a fundamental aim of the modern
International law. In recent decades almost every International Organisation, Regional and
Global has adopted Human Rights norms and responded to Human Rights violations by
opening avenues of redress for individuals against oppressive action by member states. This is
because of flagrant and blatant violations of Human Rights by the people in government and
non-governmental sectors. The promotion and protection of Human Rights needs conducive
and enabling environment, in particular appropriate Regulations, Institutions and
Proceduresframing the actions of the state. The Rule of Law is indispensable for the exercise of
the Government in a way that promotes and protects Human Rights.Human Rights originate
with the birth of the individuals and are essential for the adequate development of human
personality and their progress and happiness. 65 A number of Declarations, Covenants and
Legislations have been imitated and entered into the National and International levels for the
effective promotion and protection of Human Rights. However the violation of Human Rights
has been increasing day by day. Hence Human Rights enforcement mechanism has been
established to enforce Human Rights at the national and International levels. Today, there is a
need of strong society based on the fundamental principles of acceptance of Human Rightsboth
in theory as well as in practice. States play a very important role in the promotion and
protection of Human Rights.
The Philosophy of Human Rights and Fundamental Freedoms were incorporated in the
Constitution in the Preamble and in the chapters of Fundamental Rights and Directive
Principles of State Policy. 66The Supreme Court of India and state High Courts have broad
powers under the Constitution to enforce Fundamental Rights. The establishment of National
Human Rights Commission in India has been quite positive. NHRC had come into existence as
per mandate of the Protection of Human Rights Act, 1993, to provide better protection in cases
of violations of Human Rights. National Human Rights Commission in India is playing a vital
role in influencing the policy making ad sometimes even policy initiations, facilitating protection
and promotion of Human Rights. NHRC is providing an excellent mechanism for building
public opinion and strong alliances and partnerships with Non-Governmental Organisations and
other Human Rights activists for influencing the National agenda on Human Rights. In
addition to the NHRC, State Human RightsCommissions, and Human Rights courts were
constituted for better protection and promotion of Human Rights.

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It is the mandatory duty on the part of the state to implement the Human Rights. Strengthening
the justice delivery system is the foundation for world peace which is achieved through universal
respect for Human Rights. The judiciary has a very significant role in fulfilling the promises of
the Human Rights and Fundamental Freedoms . The judiciary not only protected the Human
Rights given but created a new positive rights also. Through various techniques like using the
new strategy of Public Interest Litigation, the Supreme Court of India had given expansive
interpretation to the right to life and personal liberty, protecting prisoners rights, bonded labour
abolition, prohibition of child labour, right to clean environment, and creating a new concept of
compensatory jurisprudence holding executive responsible for avoiding public duty and
requiring transparency in the conduct of public affairs.
Human Rights are rights relating to life, liberty, equality and dignity of the individual guaranteed
by the Constitution or embodied in the International Covenants and enforceable by courts of
different nations including Indian judiciary, India is a signatory to almost ail the major
International Instruments relating to Human Rights. Our Constitutional commitment to the
protection and promotion of Human Rights finds reflection in the Preamble and various
otherprovisions relating to fundamental rights, Directive Principles of State Policy and
fundamental duties.
Implementation of Human Rights is a subject of great importance at any time and in any society.
Different steps have been taken by the Government, Conventions have been held and
legislationspassed for the implementation of Human Rights. Recently, aresolution adopted
unanimously at the U.N. Human Rights Conference held in Geneva on March 9, 1995 shows ‘the
heightened awareness on the part of the world community, for the salvation of the deprived
child’.1 Violation of human right is a global phenomenon. 67In India majority of the people are
illiterate, ignorant, poor and exploited where violations of human rights are bound to be more;
but where the people are educated, advance, they are likely to be less prone to inhuman treatment
and exploitation. The role of National Human Rights Commission is appreciable. The proper
implementation of the human rights also needs the full cooperation of the Government and the
governmental agencies.
Of course, realization of Human Rights cannot be achieved solely through legislation and
administrative arrangements. In recognition of this fact, Commissions are often entrusted with
theimportant responsibility of improving community awareness of human rights.Rule of Law is
the basis for the governance of humansociety. The doctrine of rule of law was recognized in its
most perfectapplication in ancient India. “The rule of law according to the PrimeMinister Sri
Nehru, must run closely to the rule of life and cannot go off at a tangent. In other words, the law
must reflect the reality of the society”. Rule of Law and Human Rights are intimately interrelated
concepts. 68“The true concept of rule of law transcends all barriers of race, religion, creeds, and
countries”. Whenever the question of upholding Rule of Law is there, everybody will visualize a
system of justice which accepts and respects the basic rights of the individuals.
“In India the judiciary, particularly the higher judiciary, has served the cause of Human Rights.
However, there should be every effort to maintain and uphold the Rule of Law in ail its aspects”.
The Apex Court made major contributions in safeguarding the human rights of persons in police

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lock-up. For example, lock-up deaths lead to a clear violation of Article 21 of the Constitution.
Of course, the Apex Court has, through its leading judgements apart from convicting the guilty
police officials, sought to grant compensation for illegal detentions and lock-up deaths. In Rudal
Shah vs Union of India 5 the petitioner was illegally detained for years in Ranchi Jail of Bihar.
After his acquittal, Chief Justice Chanderchud said that one of the effective ways of preventing
violation of Article 21 was to make the violators pay compensation. They are numerous other
cases wherein the Supreme Court and different courts have shown a lot of judicial awareness
towards protection of individual rights and liberties.

Awareness through Human Rights Commission:


Section 12 (h) of the Protection of Human Rights Act, 1993 setsbefore the Commission the
responsibility to 69“spread human rights literacy among various sections of the society and
promote awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means”. This undertaking requires no less
than the creation of a culture of human rights across the entire country and amongst all of its
people.“The generation of such awareness is no easy task especially in a country as complex and
stratified as India is in economic and social terms, and as pluralistic in cultural terms. Indeed, the
question can well be asked as to whether, in such a society, oftenfaced with competing and even
conflicting rights, there can be any generally agreed understanding of what constitutes basic
rights applicable to all".
The Commission is more than aware that, while the people of this country must be made aware
of their rights through programmes of literacy and be supported in their right by the Court, the
Court, the Commission, the media, non-governmental organizations and others, it is more
important to re-orient public servants so that they learn to respect such rights. The Members of
the Commission,particularly its Secretary General, have seized a number of opportunities to
participate in discussions and courses relevant to such matters and associated themselves with
seminars and discussions on Human Rights. They readily associated themselves with seminars
and discussions on Human Rights, particularly of women and children. The Commission
recommended that 10 December each year be observed as Human Rights Day in all schools and
colleges in the country. Our country is a multi-party, federal democracy. The Commission, upon
its establishment undertook a three-fold strategy in pursuit of its responsibility under Section
12(h). 70“First, it solicited the support of leadership of all political parties represented in
Parliament or the state Legislatures, making specific institutional suggestions as to the manner in
which they could promote Human Rights monitor the conduct of their cadres and remain in
liaison with the Commission. Second, it contacted the Chief Ministers of all States, with specific
ideas for the sensitizing and training of Public Servants in their respective areas.
Third, as education is on the concurrent list of the Constitution, the Commission established a
dialogue at the central level with the Human Resource Development Ministry and the NCERT
and, at the State level, with the competent educational authorities, to pursue the question of
Human Rights instruction at various levels of schooling. Simultaneously, it contacted all Vice-
Chancellors and Deans of Law Faculties urging them to examine how best the subject of Human

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Rights could be introduced at various stages of study at the university level. “A series of
meetings have been held by the Commission with the Department of Education in the Ministry
of Human Resource
Development and with the National Council of Educational Research and Training (NCERT) to
discuss or review of text books and a source book is being prepared on Human Rights material to
guide teachers and academics. Simultaneously, the Commission has been giving the highest
priority to encouraging the training and reorientation of members of the police and armed forces.
The Commissionrecommends that though all states made efforts to include Human Rights in the
instruction of their cadres in their various institutes, yet the courses need to have a far higher
standard and a greater degree of consistency and thereafter the Commission entrusted the
Director
General of Police to prepare a model training syllabi based on Human Rights for all levels of the
police force. As a way of keeping a growing number of individuals, organizations and members
of the public informed of its activities, the Commission has been publishing a monthly News
Letter since October 1994. The Assam Human Rights Commission also took the same steps and
so, has been publishing News Letter since 1997 annually.71 The News Letters cover the
performance of Assam Human Rights Commission. People are able to get a concrete example
about the awareness programme through seminars, workshops and the steps which are being
taken by the Human Rights Commission against the violation of Human Rights."Along with the
Human Rights agencies, official or nongovernmental, the Human Rights movement in India is
moving in the right direction. One should not forget that the road towards reaching the
destination of Human Rights is very long, full of detours and potholes. Yet, humanity has to each
that destination. One greatstumbling block on this road is poverty, and tendency and temptation
to exploit poverty is rampant all over the world”.8 On the other hand “the existence of over
seven hundred million illiterates throughout the world is an enormous obstacle to ail efforts at
realizing the aims and purposes of the charter of the United Nations and the provisions of the
Universal Declaration of Human Rights. International action aimed at eradicating illiteracy from
the face of the earth and promoting education at all levels requires urgent attention.

Role of media:
Media has to be a powerful instrument to create awareness and to build pressure for positive
action. For better knowledge, National Human Rights Commission may organize meetings or
seminars with media persons. Mass media help the ordinary people to acquire knowledge beyond
their own experience. “It has brought a great change since in olden days people lived their entire
lives in relatively small groups in face to face relationships with their kinsmen or with those
living in the neighbourhood” .The various mass media help the people to develop a national
outlook and the feelings of right. Mass communication may be characterized as being public,
rapid and not just local but even global. It is public since the messages are not addressed to any
one in particular. It is rapid because it reaches people in no time. And it can be regional, national
or even global

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Mass media and public opinion in India by Ary a Sunanda, P. Without communication an
individual could never become a human being; without mass communication an individual could
never become part of a modern society. Socialization is a life long active process, beginning on
the day of one's birth. The child learns to socialize from the parents and the social groups he or
she belongs to. As children grow up they come in contact with other social groups, but their
basic loyalties are to their own primary and secondary groups which provide them their sets of
attitudes, beliefs and norms of behaviour. 72The child of today comes in contact with groups and
their cultures. Besides, mass media provide models of behaviour and norms of living. The child
begins to imitate them, particularly in cases where he or she is least integrated into the family or
the peer group! Such children rely heavily on media advice and models, while others do not
since their activities outside the home provide them greater stimuli and other role models.
"Children below the age of 16 comprise almost 40 percent of the population of India. Yet barely
five percent of total telecast time is directly aimed at children. This is equally true of radio,
fiction and documentary cinema, and the press. On television, programmes for children devote a
lot of time to animation films and puppet shows”.
So the awareness of human rights can be widelydisseminated through the media and popular
activities, such as music , art and drama. It plays an important part in the moulding of public
opinion. The broadcasts of All India Radio aim at informing the masses about the important
events and issues concerning the nation. Radio has developed as one of the important media of
public opinion.“Except for news and national programmes of talks and music which are relayed
from Delhi, the other programmes of each regional station directed at different groups such as
farmers, workers, children, women, youth are produced at the regional stations/centers. The
National Service Programmes are broadcast over short-wave transmitters which makes it
possible for regional centers to relay them ”. The media has a considerable role to play in
furthering Human Rights. The commission has sought to meet regularly with representatives of
the media, including senior editors, correspondents and other personalities. For creating
awareness about human rights both folk and traditional media can be used as an alternative
media for creating awareness of Human Rights.

Folk media:
The folk or traditional arts of India have from ancient times been used for moral, religious and
socio-political purposes. Rarely have they been resorted to for pure entertainment alone, though
they are often packed with grotesqueries, boisterousness and humour. Indeed, they have been,
down the ages, schools of learning, courts of justice, and discussion for a representative of the
public sphere. “In contrast to the modern mass media, the traditional media are personal, familiar
and more credible forms, with the majority of literate and illiterate identifying themselves with
their formats, genres and contents. 73The folk media are close to the hearts and minds of the
people; so their appeal is at a personal and intimate level. Further, their familiar format and
content as also the local and colloquial dialects used, make for clarity in communication. Cross-
cultural communication hurdles are not encountered.

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Folk media are available to all and sundry, and enjoyed by persons of different age groups - all at
a very low cost. The greatestCommunication in Indiaadvantage of the folk media over the
electronic media is their flexibility in accommodating new themes. For instance, comments on
current events can be introduced into the traditional form of the Tamasha or the Jatra or even the
Keertan. Compared to the modern mass media, the folk media are personal, familiar and more
credible forms. The masses identify incredibly with their formats and contents. Hence in some
ways, they are more effective for creating awareness among the masses than the electronic or
print media.
At the public level organization, the Song and Drama Division, a unit of the Ministry of
Information and Broadcasting is involved in this media form. In the private sector organisation,
Social Action Groups (SAGs) utilize the folk and traditional media. Among these folk media
forms in Assam are puppet shows, Harikatha or Keertana, Ramlila, Raslila, Bhouna, Jatra, Street
plays and theatres. Puppet shows - Puppet shows are a popular folk form in Assam. It has
enthralled the children and adult of the state alike for centuries. 74The puppets are generally made
of wood or sometimes merely clothes which are operated by strings or rods, The strings ofeach
puppet are attached to an iron ring on the hand of the puppeteer, which leaves him free to operate
the puppets with his hands.Traditional community media like the Keertana and Bhaona and the
whole treasure house of folk song, folk dance and folk theatre are the real organs of mass media
in India. They are far less expensive organs, are easy of access, are frequently participatory in
nature and communicate much more effectively than the electronic media and at a direct and
personal level. Their reach, too, is far and wide in the country.
Keertana/Harikatha/Harikeertan - The Keertana is a kind of concentrated drama, a monodrama in
which a gifted actor enters swiftly a whole series of character and moods. The ancient sage
Narada is believed to have invented and practised the form with great success. Mainly associated
with the Bhakti movement in religion and literature, it has been used by saints like Kabir and
Takaram to preach Hinduism and also to bring about social reform and political change.
This potent weapon of social education can be used as an alternative media in creating awareness
about human rights. History bears witness to the fact how nationalist feeling was createdamong
the common masses by using this form of folk media. In the Keertankar’s hands, the Keertana is
not only a means of worship but of popular education and entertainment as well. Hence this form
is one of the important tools in creating mass awareness.
Rasliia - Raslila is another form of folk media which is popular in Assam, especially in lower
Assam. This form of art celebrates the exploits of Lord Krishna and his love for Radha. The
Raslila may be in the form of a dance drama where the roles of Krishna, Radha and the Gopis are
played by young boys, or it may present the different activities of Lord Krishna in the form of
statues. Religious fervour characterizes this folk theatre tradition and hence people are attracted
to it. This form, too, can be used for our purpose by depicting the advantages of Human Rights.
This form appeals to both the literate and the illiterate alike as well as both the rural and urban
folk.
Bhaona - Bhaona is another form of folk art which is popular in Assam. Bhaona begins with a
Sutradhar introducing the theme of the play. Generally the themes are taken from the epics. Here
too the characters are played by only male actors. Sometimes after the end of the play, the
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Sutradhar comments on the play ordealswith contemporary issue.Hence, there too, there is scope
for introducing the theme of Human Rights among the common masses. Bhaonas are generally
staged in ‘Naamghars’ and hence anything preached here has credibility and appeal for the
masses.
Street theatre - Street theatre which gained popularity in the eighties and the nineties is generally
prevalent in West Bengal, Andhra, Tamil Nadu and Kerala. In Assam, too, this form can be used
in creating awareness about human rights among the masses. The origin of Indian street theatre
can be traced to the radical political theatre in the forties in Calcutta. The main groups involved
in this type of popular theatre activity are social action groups (SAGs), health and agriculture
extension workers, student activists, political parties, religious reformers and women’s
organizations. The main characteristic of this folk art form is that, as the name implies, it is
played in the streets rather than in theatres and on stages. Women’s groups in Delhi, Mumbai and
in rural Andhra, Kerala and Maharashtra have used this form to raise social consciousness on
issues like suttee, dowry,sex discrimination etc.
This form has wide appeal especially in rural areas as thelanguage used is conversational and
simple. This form, hence, can be quite effective in creating mass awareness about human rights.
Blhu Songs & OzaPalis - These types of songs arevery popular among the Assamese people.
Hence these types of folksongs can be effectively used for creating mass awareness abouthuman
rights which can be included in the lyrics of these songs.Theatres - Theatres are another popular
art formprevalent in Assam. This art form too can be used to create awarenessabout human
rights. Theatres are generally staged during winters andare enjoyed by both rural and urban folk.
Theatres portray bothcontemporary as well as bygone issues. Recent theatres beartestimony to
the fact how theatres portray contemporary issues whichcreate awareness among the common
people about the on goings ofthe world. They include the portrayal of September 11 terrorist
attack, the plight of the Afghanis during the Taliban regime and so on.
Similarly, human rights related issues can too be portrayed for mass awareness. Mini Melas and
Monkey-Dance - 75During mini-melas, dancers and downs show their skills - singing and
dancing which appeal specially to the rural illiterates. In most cases, the theme taken for these
include current controversial topics. Hence this too can be used as a medium of creating mass
awareness about human rights.Monkey dance is very popular in rural areas. This too can be used
as a tool for creating mass awareness among the public, for in this folk art form the monkeys
play the role of humans in their daily activities. If the monkey dancer can include issues related
to human rights, then it can be very effective.Folk art forms are really effective means of mass
communication specially in the rural areas as the audience identify themselves with the
character. And the most important aspect of these forms is that they can be adapted to suit local
conditions, local dialects and local concerns and interest.
So effective are these art forms that the Central Government realizing its potential has set up a
Song and Drama Division under the Ministry of Information and Broadcasting. The Regional
Offices of this body work in collaboration with the Field Units, and are also helped out by Block
Development Officers, Village Level Workers, Extension Officers and other local leaders and
agencies. Documentary and Short Films - The documentary or non-fiction film is an elaborate
method of recording the lives and activities of real people, but ‘constructed’ or ‘recreated ’

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nevertheless to tell an interesting story.“By documentary film is meant all methods of recording
on celluloid any aspect of reality, interpreted either by factual shooting or by sincere or
justifiable reconstruction, so as to appeal either to re a so n or emotion, for the purpose of
stimulating the desire for, and the widening of human know ledge and understanding, and of
truthfully posing problems and their solutions in the spheres of economic, cultural and hum an
relations . ” Documentary films can create awareness to the villagers about their rights through
the film o f reality.

All India Radio –


All India Radio, with its monopoly over the broadcasting network in India has made a significant
impact on the overall socialization of the Indian masses and appears to have a Compulsory
Screening of Documentaries incapacity and potentiality to influence the Indian masses. Radio
broadcasting system is one of the main media for mass culture.Music, play, feature should be
composed in such a way as people can learn something about their rights through music. Radio is
one of the important means of communication that reaches a largenumber of learners or people,
with a common message and that common message should be of Human Rights, Radio is an
educational aid for the common people. R.G . Reynolds describes the potential of the radio as an
instrumental aid. “Radio is the most significant medium for education in its broadest sense that
has been introduced in the turn of the 20th century. As a supplement to classroom teaching its
possibilities are almost unlimited. Its teaching possibilities are not confined to the five or six
hours of the school day. It is available from early morning till long after midnight. By utilizing
the rich educational and cultural offerings of the radio, children and adults in communities,
however remote, have access to the best of the world's stores of knowledge and art. Some day its
use as an educational instrument will be as commonplace as textbooks and blackboards”. It can
promote emotional and national integration. Teacher and education in a developing society
Radio talks are not public speeches. Radio talks should give the impression to a listener that the
speaker is addressing him or her alone in an informal manner. 76The words of a radio talk need to
be kept simple and familiar, yet descriptive and powerful, and the sentences short and without
dependent clauses and awkward inversions. There should be some arrangement for the regular
programme on Human Rights. The different attractive light programmes should be based on
Human Rights. But music programmes enjoy much greater popularity than talk show, people
enjoy music for its rhythms, melodies and harmonies and, above all, for the relaxation it
provides. Different items of right as well as awareness programme should be linked together
with interesting comments, announcements and narration.
Radio can be used as one of the most powerful tools to awaken the people of remote places or
illiterate persons about the feelings of human rights by broadcasting different programmes. The
‘Remix’ Phenomenon - Hindi film music continues to be the most popular category of the music
scene. The other categories such as regional language film music, classical and semi-classicai
music, devotional music and folk music have also gained in popularity during recent years.
Remix albums turned into a rage in the eighties ad nineties because of the growing interest
among young music listeners in the cities in disco rhythms and for superior sound quality. At the
same time, their interest in old film songs remained intact. The new ’remixed’ music was
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produced by re-recording old numbers with a new beat (popularly known as ’Jhankar’ beat). This
generally involved first re-recording the rhythm track and then super imposing a vocal track on
it.These remix albums are able to satisfy the people differently. So, for proper enjoyment or
entertainment people hear the remix albums. In the commercial gap or any other gap of this
remix album some catchy sayings on Human Rights or very short rhythmical stanzas on Human
Rights should be included so that they can make the common people listen to messages of
Human Rights as well.
Children’s Literature - In the area of children’s literature, India Book House, the National Book
Trust, and the Children’s Book Trust, Chandamama, and Living Media are theleaders. However,
the number of titles for children barely exceeds 500, excluding titles in comics. With a child
population exceeding 45% of the total, such an output is woefully inadequate. Children’s Book
Trust is perhaps the only non-government organization dedicated solely to publishing books for
children in Hindi and English. Comics mushroomed in the early 1980s after the success of the
Amar Chitra Katha series of India Book House. The focus was on biographies of eminent men
and women and Indian myth andfolklore. New titles were issued every year, some of them
translated into several Indian and foreign languages.
Some series should cover some stories based on Human Rights, evils of the violation of Human
Rights and protection of Human Rights. The series should be in regional languages so that each
and every person can read and understand it. Young educated generations should communicate
the stories to illiterate persons and awaken them. They should help the children to understand
them and make them aware of their rights as well as protect others’ rights. The writer of the story
should be very careful in molding the mind of the children so as to awaken the feelings of
humanism. Some interesting rhythmicalpoem s should be included in between the stories so that
children can sing them at a n y time like play rhythm s and simultaneously learn of their own
Rights.

Law Reform or Legal Aid:


The legal system prevailing in any society has its beneficiaries. These beneficiaries are adverse
to change and resist any change which may threaten their position. Lawyers as an organized
profession have always been adverse to change. Jimmy Carter, the former President of the
United States of America said, 77“......... Lawyers of great influence and prestige led the fight
against civil rights and economic justice Lawyers a s a profession resisted both social change and
economic reform. Of course, law reform is not an end in itself. As law exists as an instrument of
social change, law reform is an inseparable adjunct to it. It would be unscientific to leave the task
of reform to the democratic institution which may take long time to perceive the change and to
introduce the reform ".
Legal aid is taken to mean the free legal assistance to the poor and weaker sections of the society
with the object to enable them to exercise the rights given to them by law. Actually it intends to
provide free legal assistance to the poor persons who are not able to enforce the rights given to
them by law. Justice P.N. Bhagawati, has very clearly stated the meaning and object of legal aid.
According to him legal aid means providing an arrangement in the society so that the machinery

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of administration of justice becomes easily accessible. The Constitution of India contains


elaborate provisions having; a bearing on the various rights of the people, some of which are
characterized as fundamental rights, some as political rights, and so on. Since the 17th century
human thinking has been veering round to the theory that man has certain essential, basic, natural
and inalienable rights or freedom and it is the function of the state, in order that human liberty
may be preserved, human personality developed and an effective social and democratic life
promoted, to recognize these rights and freedom and allow them a free play.
Article 39(A) of the Indian Constitution requires the state to direct its policy towards securing for
all citizens, irrespective of sex, an equal right to an adequate means of livelihood. Article 39(A)
obligates the State to sec u re the operation of the legal system - promote justice, on a basis of
equal opportunity and shall, in particular, provide free legal aid in particular by suitable
legislation or schemes or by any other means to ensure that opportunities for securing
(Placeholder1)justice are not denied to any citizen by reason of economic and other disabilities.
Right to free legal aid or free legal service is an essential ingredient of “reasonable, fair and just
procedure” and implicit in the guarantee o f the right to life and personal liberty under Article 21,
The Supreme Court has opined that the State should encourage and support the participation of
the voluntary organizations or social action groups in operating the legal aid programme.

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