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Volume Iii Issue I LEXKHOJ RESEARCH JOURNAL OF LAW & SOCIO-ECONOMIC ISSUES ISSN: 2456-4524 VOLUME III ISSUE I Website: lexkhoj.wordpress.com E-mail: [email protected] EDITORIAL NOTE Lexkhoj Publication is committed to bring the highest quality research to the widest possible audience through an unparalleled commitment to quality and reliability. It is established with the objective of promoting academic research and fostering debate on contemporary legal issues all across the world. Lexkhoj Publications collectively bring together leading scholars in the field to cover a broad range of perspectives on all the key issues in national and international law. Lexkhoj is delighted to announce this Issue of the Lexkhoj Research Journal of Law and Socio- Economic Issues whichis an international journal, publishing critical approaches to socio-legal study and multi-disciplinary analysis of issues related to law and socio-economic. The journal will strive to combine academic excellence with professional relevance and a practical focus by publishing wide varieties of research papers, insightful reviews, essays and articles by students, established scholars and professionals as well as by both domestic and international authors.Authors should confirm that the manuscript has not been, and will not be, submitted elsewhere at the same time. The Journal provides a forum for in-depth analysis of problems of legal, social, economic, cultural and environmental transformation taking place in the country and word-wide. It welcomes articles with rigorous reasoning, supported by proper documentation. The Journal would particularly encourage inter-disciplinary articles that are accessible to a wider group of Social activist, economist, Researcher, policy makers, Professionals and students. This quarterly issue of the journal would like to encourage and welcome more and more writers to get their work published. The papers will be selected by our editorial board that would rely upon the vibrant skills and knowledge immersed in the paper. Needless to say, any papers that you wish to submit, either individually or collaboratively, are much appreciated and will make a substantial contribution to the early development and success of the journal. Best wishes and thank you in advance for your contribution to the Lexkhoj Research Journal of Law and Socio-Economic Issues. EDITORIAL BOARD Editor-in-Chief Mr. Mukund Maheshwari Senior Editor Ms. Nancy Garg Managing Editor Mr. Sandeep Rana Associate Editor Ms. Poorva Pandey Editor Ms. Mansi Chhabra Editor Ms. Khushboo Kejriwal Founding Members Mr.Vishnu Tandi Ms.Sukriti Ghai Ms.Yogita Lohia ANALYSIS OF MEDIA TRIALS IN INDIAN LAW Anjali Tyagi, Alliance University, Bangalore Aadrita Biswas, Alliance University, Bangalore ABSTRACT The media has enormous control over the public; in India, the media appears to intervene with court proceedings. Media interference in under-trial cases has been a common occurrence in society. Judges are forced in a way to make decisions based on media criticism. As a result, in many high-profile cases, the media's announcement of judgment becomes the final verdict in criminal courts. The aim of this research paper was to analyze the influence of media trials on the Indian criminal judicial system and to analyze it using case studies in which decisions were rendered using media parallels. Keywords:- Media, Society, Trial, Criminal Courts, Media Interference. INTRODUCTION In India, criminal law is based on the principle that an accused person is entitled to a fair trial and is presumed innocent unless proved guilty beyond a reasonable doubt. Due to exclusive publicity, the media goes to great lengths to report and publish interviews with witnesses, victim's family, and legal fraternity members, among other things, which can cause bias to a trial proceeding in particular judicial matter. In reality, since media reaches out to the masses quickly, this has an impact on the public's view. We also had seen a dramatic increase in media influence in the process of access to justice in a variety of cases involving corruption, abuse, murder, sexual assault, and terrorist acts in the last decade. “Media advocacy places an indirect burden on adjudicating officials to provide justice to victims, which can disrupt judicial proceedings and jeopardize the accused's ability to prove his innocence. The effect of newspaper and television reports on a person's image by generating a common presumption of guilt, independent of any court of law decision1. In today's world, media freedom is seen as akin to people's freedom. It is also unnecessary to stress that every person has a right to be informed about all issues that concern them through the media. However, it is thought provoking that the media in today's world is such a strong force that it manipulates and creates public opinion by promulgating information that is assumed to be real without challenging its veracity. The media ignores the central concept that governs Indian trials: "Guilty beyond a reasonable doubt" and "Innocent unless proven guilty." In order to draw more viewers, the media maligns and tarnishes the reputation of mere criminals, even before the courts, and labels them as guilty. By focusing on one-sided claims and taking the simple route of simply fueling public indignation rather than attempting to uncover the truth, the media may cause significant damage, which is seldom considered by the media. ORIGIN OF MEDIA TRIAL While the term "Media trials" was coined recently, the phrase derived its meaning from the case of Roscoe "Fatty" Arbuckle, who was discharged by a court of law but lost much of his credibility and dignity, as well as his career, after the media pronounced him "guilty." Another well-known example is the trial of O.J. Simpson , in which the media heavily supported the case and profoundly affected the minds of audiences despite the court's status. It is clear that the media strongly promotes or controls public opinion. The media trial begins well before the real court trial. The media performs parallel hearings in cases such as arrest, bail, search, confessional statements, and interrogation with the aim of increasing dissemination or changing the course of justice. It imposes a burden on a trial court, which is required by the Constitution to mitigate the impact of prejudicial publicity. The media and judiciary perform public functions and should maintain their independence and freedom of action in the face of external threats or intervention. The Supreme Court has chastised the media for publishing an article about the merits of the pending case, which was based on an interview with the deceased's relatives, thus granting anticipatory bail to an accused in a dowry death case pending before a Kolkata court. It was 1 Ankur Dutta, Media glare or media trial : Ethical dilemma between two estates of India Democracy, 2 OJC & MT. 92, 93-94 (2015). discovered that the evidence narrated were biased and could be used in the upcoming tribunal, jeopardizing the fairness of the proceedings.2 AN ANALYSIS OF MEDIA TRIALS THROUGH PROMINENT CASES Noida Double Murder Case3 Facts of the case: This case is also known as the Aarushi Talwar murder case, in which a fourteen-year-old girl named Aarushi Talwar and a forty-five-year-old man named Hemraj Baanjade were murdered and the case is still unsolved. Dr. Rajesh Talwar and Dr. Nupur Talwar had only one child, Aarushi, and Hemraj was their domestic worker who lived with them. On May 16, 2008, Aarushi's parents discovered her body as well as the key suspect in the incident, servant Hemraj, who had gone missing. However, Hemraj was discovered dead on the terrace the next day. The police were heavily chastised for failing to protect the crime scene. When Hemraj was discovered dead, the police named Rajesh Talwar as the prime suspect, believing that Rajesh had murdered both of them after seeing them in a "compromising" situation. Following that, the case was transferred to the CBI, which initially declared the parents innocent and suspected Krishna Thadarai, a compounder in Rajesh Talwar's clinic, and Rajkumar, a domestic helper of Talwar's friends, based on the narcotics, but they were both released due to a lack of evidence. The case was referred to a new CBI team in 2009, but they recommended closing it due to the same reasons. Rajesh Talwar was contemplated as the sole suspect due to the circumstantial evidence and the CBI Court declared the parents guilty and they were sentenced to life imprisonment. In 2017, Allahabad High Court acquitted the Talwar couple giving them benefit of doubt. 2 MP Lohia v. State of West Bengal Civil Appeal 219 of 2005. 3Dr. (Smt.) Nupur Talwar v. State Of U.P. And Anr. SC 2013 (82). Role of Media: Along with that, the print and electronic media began their outrage by flooding all newspapers and channels with news of Aarushi Talwar's murder. It was really unfortunate to see the media's insensitivity in covering this case. The media did everything it could to glorify and project such an intense case to the general public. Despite the fact that there were no witnesses to the incident, the public is well aware of any detail that occurred that night. News outlets showed a blatant disregard for the law in their slanderous coverage of the investigations. Aside from the trial by media, the matter raised significant legal questions that necessitate redress, including invasion of privacy, breach of confidentiality, and defamation of both living and dead persons. The media delved into the personal lives of Aarushi and her kin, publishing Aarushi's private correspondence and portraying Aarushi's father as a killer. The victim's parents were framed for their daughter's murder before the case was proven in court. Due to the interference of the media, which prejudiced the minds of the judges, the victim's parents were sentenced to life imprisonment.
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