Press doesn't have exclusive right to criticise anyone: Court

Agencies
August 7, 2017

New Delhi, Aug 7: Press does not have any exclusive right or special privilege to comment, criticise or make imputations or allegations which are sufficient to ruin a citizen's reputation, a Delhi court has said.

Further, journalists do not have greater freedom than others, it has said while reminding that the responsibility of the scribes was higher as they have power to disseminate information.

The court's order came as it restrained the managing editor of a magazine from publishing any libellous articles against a man who has alleged that he was defamed.

It also directed the magazine editor and another person to pay Rs 30,000 and Rs 20,000 respectively to the man as "symbolic damages".

"Further, journalists are in no better position than any other person. The press does not enjoy any exclusive rights under our Constitution, apart from those enjoyed by a citizen as a concomitant of the freedom of speech and rights against unlawful deprivation of life and liberty guaranteed under Articles 19 and 21 of the Constitution," Additional District Judge Raj Kapoor said.

The court said the press enjoys no special privileges to comment, criticise or even to investigate the facts of any case and rights of press persons are not higher than that of the common man.

"In fact the responsibilities of a journalist are higher.

The common man has limited means and reach in which he acts.

"A journalist on the other hand has a wider reach and power to disseminate information and therefore such power has the potential to cause irreparable damage to a matter under enquiry in a court of law or in a given case has greater propensity to scandalise ... the dignity, majesty or reputation of an individual or an institution," it said.

The man, a share broker and member of a housing society, had alleged that an article was published in the magazine in December 2007 to tarnish his image by using defamatory words.

He said when he issued a legal notice to the defendants, instead of apologising, they again defamed him by writing defamatory words against him to government agencies.

However, the founder and managing editor of the magazine claimed before the court that there was no defamatory article naming the man and that the magazine was not distributed among the business or connected circle of the man.

The second defendant, the then president and a resident of the same housing society, alleged that the man was indulging in unlawful activities in the society and he had filed a civil suit for removal of unauthorized encroachment there.

The court, however, said the two defendants had connived and published the articles in the magazine which were defamatory in nature and harmed the reputation of the man.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 31,2025

Bengaluru: Special matching grants for the development of the backward region of Kalyana Karnataka, approval for the Mekedatu project and release of Rs 11,495 crore of special grants recommended by the 15th Finance Commission were among the suggestions and requests made by the Karnataka government during a pre-budget consultation with the Centre.

Last month, Union Finance Minister Nirmala Sitharaman met finance ministers of states and union territories (UTs) to take their demands and suggestions for the Union Budget 2025-26, to be presented on February 1.

In his presentation at the meeting, Karnataka Revenue Minister Krishna Byre Gowda on behalf of the state government led by Chief Minister Siddaramaiah sought release of Rs 5,300 crore promised in the Union Budget to Upper Bhadra project to provide water to drought prone central Karnataka and special matching grants for the development of backward region of Kalyana Karnataka and the global eco sensitive Western Ghats.

The state urged the Central government to shift from a "reimbursement-based" system to an "advance-release" model for the implementation of the centrally sponsored schemes and also proposed increasing the Central share of their honorariums to Rs 5,000 per month for ASHA workers and Rs 2,000 for Anganwadi helpers.

According to a statement shared by the Gowda's office on Friday, the minister suggested increasing Pradhan Mantri Awas Yojana assistance from Rs 1.5 lakh to Rs five lakh for urban houses and from Rs 72,000 to Rs three lakh for rural houses.

Karnataka has requested additional railway lines, expedited projects, and Central support for 50 per cent of land acquisition and 100 per cent construction costs.

The state also urged approvals for road infrastructure proposals, including new ring roads and upgrades to National Highways.

Gowda has also requested the Union government to increase pensions for old-age, widows, physically-challenged persons.

The Karnataka government called for transparent and need-based reforms in disaster relief fund allocation and timely release of SDRF (State Disaster Response Force) funds, prioritising states' disaster vulnerabilities, it stated.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 17,2025

jaishankar.jpg

Bengaluru: External Affairs Minister S Jaishankar asserted on Friday that the opening of "long-in-waiting" US consulate in Bengaluru was the "very important milestone" in the bilateral ties and urged the American authorities to ensure that the mission starts visa operations at the earliest.

"This will be my number one talking point with Secretary (of State Nominee Marco) Rubio when I go and see him. The sooner we get it done, the better it is," said Jaishankar.

The External Minister was in Bengaluru today to attend the "site dedication ceremony" of the fifth United States consulate in India, which will start operating in Bengaluru soon.

Delivering his speech, Eric Garcetti, US Ambassador to India, said the consulate in Bengaluru will not be offering visa services for the time being.

In his speech, Jaishankar pointed to statistics to nudge the US to get around to issuing visas from Bengaluru as early as possible.

"I was checking figures, and was very glad to see that last year, the RPO (Regional Passport Office) Bengaluru issued 8,83,000 passports. That's just for one year. Do the math, and you will see how important it is to ensure that travel is smooth," added Jaishankar.

He also added that there are three flights every week from here to San Francisco. "Hopefully, if Boeing and Airbus deliver, there'd be more. I think that's a legitimate expectation," said Jaishankar.

Jaishankar said a US consulate in Bengaluru has been "long-in-waiting".

"One, which I believe, Bengaluru legitimately deserved and expected," he added.

"I think Bengaluru has such an important place that it was for me an imperative that there is a permanent resident presence of American diplomats here," said Jaishankar.

He also said every time he had visited the city in the last five years, there was always somebody who would ask him, 'so, when is that consulate coming?'.

"It was from, really, I would say, the cross section of the society. It was from businessmen; it was from the tech world; it was from academics. It was even from people you would meet in a restaurant," added Jaishankar.

According to him, Prime Minister Narendra Modi in June 2023 had brought up the issue of opening a consulate in Bengaluru when he visited the US.

He also said India had promised to open a consulate in Los Angeles if the United States "get the Bengaluru consulate done". He said now, with the opening of the consulate, collaborations in defence and education would reach new heights.

"I think the formal opening of this consulate is one more sign that we are overcoming the hesitations of history. It is now within our grasp, within the realm of possibility, that we realise more fully the potential of India-US relations. And I think it is important that Bengaluru too realises its potential in the relationship," said Jaishankar.

In his address, US Ambassador Garcetti, who would be relinquishing his responsibility in India soon, said he was glad that getting a consulate up and running in Bengaluru would be his last task in India.

"You know, our relationship in India is not new. Our second consulate in the world was here in India. After the independence of a new America in 1776, we opened a consulate in Lyon, France, and then the second was in Kolkata, showing, back then, the importance of India to a new American nation," said Garcetti.

India, said Garcetti, is now the second largest mission of America anywhere in the world.

"It produces the second most visas, the most students we're breaking records every single year '“record employees, record visas, record students, record military exercises, record engagement from the seabed to space," added Garcetti.

Deputy Chief Minister D K Shivakumar, who was also present during the "site dedication ceremony" said the opening of the consulate in Bengaluru is a testament to the growing importance of Karnataka in the global stage.

"Nowadays, the world is looking at India through Bengaluru. We know there are a lot of hiccups there, as Bengaluru is not a well-planned city. But still the city has proved itself to be the safest city in the entire country for the global firms to have their headquarters," said Shivakumar.

Other dignitaries present for the ceremony include MP Tejasvi Surya, Karnataka's Minister for Large & Medium Industries and Infrastructure Development M B Patil, Minister for IT & BT Priyank Kharge.

Several entrepreneurs from the city, including Kiran Mazumdar-Shaw, executive chairperson and founder of Biocon Limited and Biocon Biologics Limited, had also attended the 'site dedication ceremony'.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 27,2025

uccuttarakhand.jpg

The Uniform Civil Code (UCC), a law that has faced long-standing criticism from the Opposition, will officially come into effect in Uttarakhand on January 27, making it the first state in independent India to put into effect such a law.

According to the state’s chief minister Pushkar Singh Dhami, the government has completed all preparations to implement the law, including getting approval of the rules for the implementation of the Act and training of officials concerned. The rationale given for the law is that it will bring about ‘uniformity in the society and ensure equal rights and responsibilities for all citizens.’

"UCC is just an offering made by our state in the great 'yagya' being performed by the Prime Minister to make the country a developed, organised, harmonious and self-reliant nation," PTI quoted Dhami as saying in a statement.

The BJP had made a promise to implement the Uniform Civil Code in Uttarakhand in the run-up to the 2022 assembly polls.These polls saw the party storming to power for a second consecutive term, something never done by any other party in the state since its creation in 2000.

According to CM Dhami, the historic mandate was because of the party's commitment to passing the UCC.

The Uniform Civil Code journey in Uttarakhand

The Uttarakhand state cabinet cleared a proposal to form an expert panel on the Uniform Civil Code in March 2022 in the first cabinet meeting after winning the assembly elections. The panel, headed by retired Supreme Court Judge Ranjana Prakash Desai, was constituted on May 27, 2022 to prepare the draft of the UCC.

The Desai committee submitted a comprehensive draft in four volumes, prepared after one and a half years of dialogue with different sections of the state's population. It was sent to the state on February 2, 2024 and just a few days later, the Uttarakhand assembly passed the UCC bill. President Droupadi Murmu gave it her assent in March 2024, nearly two years after the initial proposal.

Another expert committee was at work after that, headed by former chief secretary Shatrughna Singh. It was formed to frame the rules and regulations for the implementation of the Act. The Sinha committee submitted its report to the state government late last year.

The state cabinet gave its approval recently and authorised the chief minister to decide a date for its implementation. Dhami decided the date to be January 27, 2025, a day after the country celebrated its 76th Republic Day.

What is in the Uttarakhand UCC?

The Uniform Civil Code Act of Uttarakhand will govern and regulate the laws relating to marriage and divorce, succession, live-in relationships and related matters.

It sets equal marriageable age for men and women, grounds of divorce and procedures across all religions, and bans polygamy and 'halala'.

Doon University Vice Chancellor Surekha Dangwal, who was part of the panel that drafted the UCC and was among those who framed the rules for its implementation, described to PTI the provisions aimed at bringing about gender parity in matters of marriage, divorce and succession, treating all children as legitimate including those born of void or voidable marriages, simplifying the process of preparing a will and regulating live-in relationships as the most outstanding in the UCC. She termed gender parity across all religions as the spirit of UCC.

According to Duggal, the UCC makes registration of all marriages and live-in relationships mandatory. She also said that the government has created facilities to help people register their marriages online so that they do not have to run around government offices for it.

"Another remarkable feature of the UCC is that it treats all children as legitimate. We have in fact totally done away with the term illegitimate in the context of children," she said. The UCC also makes a special provision for defence personnel called "privileged will" which can be made both in writing or by word of mouth.

Any soldier or air force personnel engaged in an expedition or actual warfare or a mariner at sea can make a privileged will for which rules have been kept flexible.

UCC criticism

Opposition leaders have criticized the UCC, arguing that it may lead to societal division along religious lines and might be impractical and overly ambitious.
The debate surrounding the UCC extends beyond Uttarakhand, as Article 44 of the Indian Constitution advocates for a uniform civil code across the country. Prime Minister Narendra Modi has referenced the Supreme Court's direction on the need for a common code, stressing that fulfilling the vision of the Constitution's framers remains a national goal.

Uttarakhand's implementation of the UCC is likely to set a precedent, with other states potentially following suit. The success of the law's implementation will depend on its ability to balance individual rights and social harmony.

As Uttarakhand stands at the forefront of this legal revolution, the coming weeks will offer a clearer picture of how the UCC will be received, both in the state and across India. The state's experience with the UCC will undoubtedly shape the future of personal law reform in the country.

What is the implementation process?

Shailesh Bagauli, secretary (home), stated that the government will issue two notifications: one for the implementation of the UCC and another for the rules and regulations, officially launching the UCC in the state.

Dhami had promised to implement the UCC if re-elected during the 2022 state polls. After becoming CM, he appointed a five-member committee led by Justice Ranjana Prakash Desai to draft the code, which received feedback from over 2.3 lakh people, representing nearly 10% of Uttarakhand's families.

The 740-page draft was presented to the chief minister on February 2, 2024, approved by the cabinet on February 4, tabled in the assembly on February 6, and passed the following day. Governor Lt Gen Gurmit Singh (retd) approved the bill on February 28 and President Droupadi Murmu subsequently signed it on March 11.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.