About the author:
V.M. Manukrishna is a 4rd Sem, 5 year BA.LLB student of Government Law College, Thiruvananthapuram.
INTRODUCTORY GENESIS: JUSTICE IN SOCIETAL PERSPECTIVE
The issue of social justice is linked to the issue of equality in society, and the sentiments of social justice and equality during the period of independence had a significant influence on those who drafted the constitution. This is the same reason for which, phrases like socialist, secular, democratic, and republican were added to the Preamble.
Justice is defined as legal, social, economic, and political in the Preamble. A number of the Indian Constitution’s Directive Principles and Fundamental Rights sections safeguard the term ‘Justice’. The term ‘Social Justice’ refers to the equitable treatment of all individuals without regard to social status. This guarantees that the lack of privilege is restricted to a particular group within society and that the quality of lives of women and the impoverished classes (SCs, STs, and OBCs) are exacerbated.
It entails doing away with disparities in earnings, property, and ostentatious riches. A combination of social and economic justice is referred to as ‘Distributive Justice.’1 All Indians are guaranteed equality of status and opportunities under the Preamble.
One of the main issues facing Indian society is social injustice. The concept of inequality is the main focus in an investigation about the social stratification of a society based on caste or class. French sociologist Louis Dumont provided an explanation for the ‘Inequality’ inherent in the caste structure.2
As the primary formulator of the Indian Constitution, Dr. B.R. Ambedkar is known as the hero of a millennia for social equality. This is because he came to represent the interests of the Dalits, the formerly untouchables, other backward classes (OBCs), and women.
Since the beginning of time, a sizable portion of the population has been compelled to live in subjugated conditions due to the caste system, which has been the tergiversation of Hindu scriptures.3 He was dubbed the pioneer for social justice because, with the aid of a statute that essentially abolished the relevant sections of Hindu scriptures, he was the first individual in history to effectively lead a crusade to secure social equity for the great majority of Indian mankind.
Social, economic, and political justice, freedom of speech, belief, religion, and worship, equality of status and opportunity, and the advancement of individual dignity and community, cohesion among all communities are all firmly guaranteed to all citizens of India by the Constitution.4 The Constitution has attempted to balance the seemingly incompatible arguments of individual freedom and constitutional rights v. socio-economic fairness by including a few particular provisions.
CONSTITUTIONAL PROVISIONS THAT SAFEGUARD SOCIAL JUSTICE
Article 15: The Constitution has given particular emphasis to the societal issues of a substantial percentage of persons who are considered untouchable, as Article 15(1) prohibits prejudice on the basis of religion, race, caste, sex, or place of birth. The State need to have the authority to create specific programmes for females, as well as for other socially or educationally backward groups of individuals, including the SC and STs.5
Article 16: The State must make provisions for the affirmation of employment or job opportunities for the benefit of any disadvantaged class of people who, in the State’s opinion, are underrepresented in the services that the State provides. This requirement is in line with Article 16(4) and the concept of equal opportunity imposed by Article 16(1).6
Article 17: This article declares untouchability to be extinct, forbids its continuation in any form, and stipulates that upholding untouchability is a crime that carries a fine.7
Article 19: The people’s fundamental rights are enshrined in Article 19. Each of the seven subclauses of Article 19(1) recognize and safeguard people’s right to seven distinct forms of independence as fundamental constitutional rights.8
Articles 23 & 24: These articles safeguard basic rights from exploitation. Employers are prohibited under Article 24 from placing a kid below the minimum age of 14 in any mine, factory, or unsafe occupation.9
Article 38: The State shall ensure a social order to further promote the well-being of the populace.10
Article 39(1) outlines the policies that the State shall implement in order to ensure that all individuals, regardless of gender, have the right to a sufficient means of subsistence.11
Article 41: Right to employment, education, and, in some situations, public help within the confines of its economic growth and capability, the State must effectively provide for the rights to employment, education, and public assistance in circumstances of unjustifiable destitution, old age, illness, and disability.12
JUCTICE WITH RESPECT TO MEDIA
The media is crucial to the administration of justice because, even before the trial begins, it conducts its own inquiry. The trial by media still raises issues regarding the rights and authority of the media. It violates the accused’s right to a free trial, which is why it is harmful to the case in its own right. The media will sometimes assume the accused is guilty before the trial even starts.
The judiciary, executive branch, and legislature are the first three pillars of democracy; the media comes in fourth. There must be an impartial and tether-free media in order to guarantee democracy. It is a vital means of interpersonal communication and a fundamental component of civilization. In addition to being important liberties in and of itself, freedom of speech and thinking are the cornerstones of a democratic system of government, which operates under the premise that speech is required in order to address issues within the executive branch.
THE CAPACITY OF THE MEDIA IN ENFORCING JUSTICE
In the past, the media has been essential in raising awareness and guaranteeing that justice is served. The media brought attention to the fact that justice was denied and delayed in situations such as the murder of Jessica Lal and the Priyadarshini Mattoo case.
It took the court seven years to decide in Jessica Lal’s case that the evidence was defensible and that the accused, Manu Sharma, the son of a political figure, could not be punished. The Jessica Lal family had given up on all hope. But the media made the effort to secure Jessica’s justice. They started out exactly where the cops had left off. The public’s outcry for justice forced the government, the police, and the administration to move swiftly to close the case. And as a result, Manu Sharma, the accused, received a life sentence.13
The Priyadarshini Mattoo example is another well-known example where the media deserves recognition. In this instance, Santosh Singh, the son of a top IPS officer, sexually assaulted and violently murdered a 23-year-old Delhi University Law student. It appeared that Priyadarshini Mattoo would never be granted justice when the court exonerated Santosh Singh after three years of proceedings; nevertheless, the media launched an enormous campaign for investigative journalism to uncover the flaws in the investigation conducted by the police, and it was inevitably because of their work that the CBI succeeded in apprehending the offenders.14 The media has demonstrated that ethical congruency on its part bring forth a revolution of apricity in society and further the girth of justice in such situations.15
THE MEDIA’S NEGATIVELY IMPACT IN THE FULFILLMENT OF JUSTICE
The ability to pursue a case has not yet been granted to the media. There has never been a legislative framework that grants the media total authority. Every coin has two sides, and media trials and journalism are no exceptions. In a pre-arranged move, the media already determines the accused’s image, which may have an impact on the trial and the verdict.16
The media exposed the private life of Indrani Mukherjee, the accused in the Sheena Bora murder case, to the world.17 It was discussed and evaluated by several “experts.” Sanjeev Khanna, Indrani Mukherjee’s first husband and Indrani Mukherjee herself were charged with the murder of their daughter Sheena Bora. Her death occurred in 2012, and their driver’s confessional plea in 2015 brought the matter to light. It generated a great deal of controversy and discussion on many networks.
The media completely upended the life of actor Sushant Singh Rajput‘s lover, actress Rhea Chakraborty, when he committed suicide.18 It was claimed that she was involved in his suicide and that the entire incident constituted murder rather than suicide. After being accused of manipulating the scene, she and her brother were sent to jail. The media came under fire for portraying the actress negatively without providing reliable “proof” and for basing their conclusions only on their opinions.
CONCLUSION AND THE WAY FORWARD
Inform others and yourself about a specific movement before you take any action, be sure you comprehend the reason for the situation and its goals. For instance, to learn about global campaigns and initiatives as well as important climate statistics, visit several UN websites and climate change organizations if you are interested in climate justice. After obtaining the essential facts online, it is a good idea to dive into books that provide a deeper examination of a given social movement and the problems it faces.
A Few Food-for-thought Solutions:
1. Examine the Local Prominence
Creating relationships with others who share your interests is a terrific idea. Open meetings are frequently held by neighborhood activist groups, community organizations, and promoters, who welcome new attendees. One will learn new things and be held accountable to others by joining a community.19
Meetup.com13 for example, is a social networking site that’s ideal for meeting individuals who share your interests in politics, activism, and social justice. Furthermore, those who are aware of a particular institution they would like to work for, such as the National institution for Women[14], should submit an application for it.
Getting Involved in your community as individuals who want to get engaged in a social justice movement help make the biggest impact in their own communities, according to Glenn E. Martin, founder of JustLeadershipUSA, an organization that puts individuals with criminal histories at the center of the campaign to stop mass imprisonment.20
Martin suggests writing letters to your representatives in government or having a discussion with friends about the campaign’s strategies for getting involved locally. To effect change, it is critical to keep social justice problems like mass imprisonment in the public conversation.
2. Making Astute Use of Social Media
Activist endeavors may also be effectively practiced on social media. Simple methods for reaching a broad demographic with messages regarding circulation involve publishing articles, uploading videos, and updating with meeting schedules or movement-related information. Social justice communities use a variety of social media platforms, including Facebook, Instagram, Snapchat, Tumblr, Twitter, and others. These social media sites provide a secure forum for discussing topics that you would not normally bring up in day to day conversation.21
3. The Dichotomy of Armed vs. Unarmed Journalism
As a derivative suggestion from the Russian system, journalists and members of the mass media are not regarded as participants or fighters in any war.22 Journalists should be considered warriors and heroes, nevertheless, who carry microphones and video cameras instead of guns. This situation is crucial to take into account because mass media representatives are regarded as civil society institutions and, as such, are not allowed to hold official state authority, engage in military action as part of the front-line forces, armed forces, or support one party over another in an untenable situation. They should be considered combatants who are also members of the volunteer corps if they take part in an armed war.
FOOTNOTES:
1A.I. YASTREBOVA, A.S. SALOMATKIN, R.M. DZHAVAKHYAN, V.M. REDKOUS, V.I. FILONOV, CIVIL PUBLIC ORGANIZATIONS FOR PROVIDING A PUBLIC ORDER AND THEIR ROLE IN FORMING OF CIVIL SOCIETY 417-425 (Journal of Advanced Research in Law and Economics, 2016)
2A.I YASTREBOVA, A.I. STAKHOV, P.A. MERKULOV, T.Y. SUCHKOVA, V.I. FILONOV, E.S. MATVEEVA, CONSTITUTIONAL-LEGAL AND ADMINISTRATIVE-LEGAL ASPECTS OF STATUTORY REGULATION AND MAINTENANCE OF PUBLIC SECURITY IN THE RUSSIAN FEDERATION BY THE STATE AND NON-STATE ACTORS 272-290 (Journal of Advanced Research in Law and Economics, 2018)
3T. WALSH, PUBLIC ORDER POLICING AND THE VALUE OF INDEPENDENT LEGAL OBSERVERS 33-49 (Current Issues in Criminal Justice 2016)
4Siddharth & Ors. Vs. State of Bihar (2005) 12 SCC 545SS
5INDIA CONST. art. 15.
6INDIA CONST. art. 16.
7INDIA CONST. art. 17.
8INDIA CONST. art. 19, § 1.
9INDIA CONST. art. 23.
10 INDIA CONST. art. 38.
11 INDIA CONST. art. 39, § 1
12 INDIA CONST. art. 41
13 Manu Sharma vs. State (NCT of Delhi), (2010) 6 SCC 1
14 Santosh Kumar Singh v. CBI, (2010) 9 SCC 747
15 Mukund Lal vs. Union of India and Anr, AIR 1989 SC 144
16 State of Kerala v. Babu & Ors , (1999) 4 SCC 621
17 Pratim Alias Peter Mukherjee vs Union of India and Anr, Writ Petition No. 4400 of 2017
18 Rhea Chakraborty v. State of Bihar & Ors, TP (CRL.) NO. 225 / 2020
19 T. WALSH, supra note 3, at 37
20 V.M. REDKOUS, supra note 1, at 420
21 E.S. MATVEEVA, supra note 2, at 275
22 I. LICHTENBERG, CONTACTS BETWEEN THE POLICE AND THE PUBLIC: THREE TESTS OF CONVERGENT VALIDITY 47-62 (Police Practice & Research, 2007)
