Media law and the rights of women in India

Published 10 July 2019 in Blog, child marriage, ending child marriage, nada al ahdal

This essay explains what women's rights are, how they developed in India, which international instruments protect them, and how the media and India's media laws can both protect and harm them.

What women's rights mean

Women's rights are the freedoms that belong to women and girls of all ages. In a given society, law, custom and behaviour may recognise them, ignore them or wrongly suppress them.

They are grouped apart from human rights in general for two reasons. They often differ from the freedoms that men and boys hold or are granted. And campaigners on this issue point to a long historical and traditional bias against women exercising their rights.

These rights include, among others, the right to:

bodily integrity and autonomy
vote (universal suffrage)
hold public office
work, with fair wages or equal pay
own property
education
serve in the military
enter into legal contracts
marital, parental and religious rights

Today, women in most countries can vote, own property, work in many professions and hold public office. But this was not always so, just as most men through history did not always have these rights. Women and their supporters have campaigned for a long time, and in some places still do, to win the same rights as men and to be treated as equals.

How women's rights developed in India

Women in ancient India

According to the author, women's position was poor in every part of life for a long time, and their subjection to men runs through history. With few exceptions, they could not feel or act independently.

In the Vedic period, women had equal status with men and were free to act. They were honoured and took part freely in social life. They could pursue learning, shared fully in family life, and chose their own husbands freely.

These freedoms did not last. Women's position began to decline in the later Vedic period. The post-Vedic period saw the rise of the Manusmriti.

The author writes that Manu's rules merged a wife's identity with her husband's, required strict seclusion for women and harsh discipline for widows. While praising motherhood and giving women full control of the household, Manu allowed child marriage and polygamy. The author also states that the Dharmashastra placed women on the same level as the Shudras, and that even the Gita puts women, Vaishyas and Shudras in one category and describes them as of sinful birth.

Women, the author says, lived in deep misery. They were denied equal opportunities in education and employment. Sati was a compulsory custom: widows could not remarry, nor were they allowed to live after their husband's death. Purdah required women to cover their face and body with a robe in public.

These practices denied women their rights and were social evils in ancient Indian society. Others included child marriage, female infanticide and the dowry system.

British rule

Under British rule, many new laws were passed to abolish social evils that directly affected women's rights. Social reformers of the period, including Raja Ram Mohan Roy, worked hard to abolish sati and to restore widows' right to remarry. More attention was also given to improving opportunities for women, such as female education.

After independence

After independence, most of the social evils that harmed women's rights, such as sati, child marriage and female infanticide, were abolished. New laws gave women equal status with men in education and employment and banned discrimination based on gender.

The Constitution of India also contains provisions to protect women's rights. Places were reserved in the public sector to raise the share of women and bring it level with that of men.

The Indian Penal Code adopted strict measures against crimes against women, with penalties for rape, marital violence against women, prostitution and other crimes. The Dowry Prohibition Act punishes both giving and accepting a dowry. More recently, a bill was introduced to prevent the harassment of women at work.

International instruments that protect women's rights

The Convention on the Elimination of All Forms of Discrimination against Women

The UN General Assembly adopted the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1979. It is often called an international bill of rights for women. It has a preamble and 30 articles, defines discrimination against women and sets an agenda for national action to end it.

The Convention defines discrimination against women as "… any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."

By accepting the Convention, states commit themselves to a series of measures to end discrimination against women in all its forms, including:

to build the principle of equality between men and women into their legal system, abolish all discriminatory laws and adopt laws that prohibit discrimination against women
to set up tribunals and other public institutions that protect women effectively against discrimination
to end all acts of discrimination against women by persons, organisations or businesses

The Convention is the basis for equality between women and men. It ensures women's equal access to, and equal opportunities in, political and public life, including the right to vote and to stand for election, as well as education, health and employment. States parties agree to take all appropriate measures, including laws and temporary special measures, so that women can enjoy all their human rights and fundamental freedoms.

It is the only human rights treaty that affirms women's reproductive rights and names culture and tradition as forces that shape gender roles and family relations. It affirms women's right to acquire, change or keep their nationality and the nationality of their children. States parties also agree to act against all forms of trafficking in women and the exploitation of women.

Countries that have ratified or acceded to the Convention are legally bound to put it into practice. They must also submit national reports, at least every four years, on the measures they have taken to meet their obligations.

UN Declaration on the Protection of Women and Children in Emergency and Armed Conflict

This Declaration recognises the need to give special protection to women and children among the civilian population. It calls on all Member States to observe it strictly:

Attacks and bombings on civilians, which cause untold suffering, especially to women and children as the most vulnerable, shall be prohibited and condemned.
The use of chemical and bacteriological weapons in military operations is one of the most flagrant violations of the Geneva Protocol of 1925, the Geneva Conventions of 1949 and the principles of international humanitarian law. It causes heavy losses among civilians, including defenceless women and children, and shall be severely condemned.
All states shall fully meet their obligations under the Geneva Protocol of 1925 and the Geneva Conventions of 1949, and under other instruments of international law on human rights in armed conflict, which offer important guarantees for the protection of women and children.
States involved in armed conflict, in military operations in foreign territories or in territories still under colonial rule shall make every effort to spare women and children from the ravages of war. All necessary steps shall be taken to prohibit persecution, torture, punitive measures, degrading treatment and violence, especially against women and children among the civilian population.
All forms of repression and cruel and inhuman treatment of women and children by warring parties during military operations or in occupied territories shall be considered criminal. This includes imprisonment, torture, shooting, mass arrests, collective punishment, the destruction of homes and forced eviction.
Women and children among the civilian population who find themselves in emergencies and armed conflict during the struggle for peace, self-determination, national liberation and independence, or who live in occupied territories, shall not be deprived of shelter, food, medical aid or other inalienable rights. This follows the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Declaration of the Rights of the Child and other instruments of international law.

UN Declaration on the Elimination of Violence against Women

The author writes that this Declaration aims mainly to protect women from torture. It defines "violence against women" as any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women. This includes threats of such acts, coercion or arbitrary deprivation of liberty, in public or in private life.

Under Article 2, violence against women includes, but is not limited to:

(a) physical, sexual and psychological violence in the family, including battering, sexual abuse of girls in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation
(b) physical, sexual and psychological violence in the wider community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution
(c) physical, sexual and psychological violence committed or condoned by the state, wherever it occurs

The Declaration aims to make the world safer for women and to let them enjoy their rights without obstacles.

The ACLU Women's Rights Project

Since 1972, the Women's Rights Project of the American Civil Liberties Union (ACLU) has worked to empower women and advance equality. In its own words, many people have contributed to this effort. The project focuses on four core areas:

Employment: it advocates for low-wage immigrant women workers, works to remove inequalities in welfare and seeks to end discrimination at work.
Violence against women: it defends the civil rights of women who suffer domestic abuse, helps them keep themselves and their children safe, and challenges the discrimination in housing and employment that so many of them face, especially women on low incomes and women of colour.
Criminal justice: it addresses the hardships of women and girls caught up in the criminal and juvenile justice systems, including their conditions of detention, and the impact of sentencing and imprisonment policies on women and their children.
Education: it works to ensure that state schools do not become segregated by sex and that girls and boys get equal educational opportunities.

Indian laws that protect women

The main law specific to women that the author names is the Immoral Traffic (Prevention) Act, 1956. It aims to prevent the exploitation of women for immoral purposes. It punishes trafficking in women, running a prostitution business, keeping a brothel and similar offences.

The media's role in protecting women's rights

The media plays a very important role in making women aware of the rights they were denied for many centuries. The author sees it as a protector, with the power to defend and advance women's rights. In the author's view:

Television should show the hard and often hidden lives and living conditions of women in rural India.
More documentaries and dramas about women's rights should be broadcast.
The media helps coordinate the work of social workers who strive to secure women's rights.
Print media, through journals meant only for women, gives women a place in a world dominated by men.
The media has forums dedicated to promoting and advancing women's interests.
Through its many outlets, the media helps people protest against any violation of women's rights.
Crimes against women have become widespread in modern times. The media has spoken out against them, brought them to the attention of the authorities and kept the issue in the spotlight as one that needs urgent attention.
The media educates people against such terrible crimes and so helps protect women's dignity.
Through debates and discussions, the media helps lawmakers identify new areas where laws are needed to protect women.

The media's negative effects on women's rights

The media has both positive and negative effects on women's rights. It has led to more violations of women's right to privacy. Obscene publications and images have degraded women's dignity in modern society.

Modern films tend to glorify violence and plant such ideas in young minds. The media has also played a large part in spreading pornography, which in turn feeds the trafficking and sexual exploitation of women.

The media shapes the lives of the new generation, most of whom are glued to it. Through films and publications, it can change the way people think deeply without their knowing it. This is why, the author argues, there must be strict checks on what is broadcast and published, and this idea led to the development of media law.

Media law and its development in India

In India the press is free, but subject to reasonable restrictions set by the Constitution of India, 1950, as amended. Before globalisation, the government controlled the mass media completely and let it show only what the government wanted the public to see, in the way it wanted. With globalisation and privatisation, this has changed enormously.

Before communication satellites, communication was mainly through national media, public and private, in India and abroad. Then, with technologies such as satellite delivery and ISDN (Integrated Services Digital Network), came "transnational media": local television, global films and global information systems.

In such a time of media growth, the author argues, legal checks and limits on broadcasting and communication become essential. The rest of the essay looks at the main areas of the media and the legal limits that govern them.

A history of mass media law

India's mass media laws have a long history rooted in the country's colonial experience under British rule.

1799: Lord Wellesley issued the Press Regulations, which imposed pre-censorship on the young newspaper industry.
1835: the Press Act removed most of the repressive features of earlier laws.
18 June 1857: the government passed the "Gagging Act". Among other things, it required a licence to own or run a printing press. It allowed the government to ban the publication or circulation of any newspaper, book or other printed material. It also banned statements or news likely to stir up anger against the government and weaken its authority.
1867: the Press and Registration of Books Act was passed. It is still in force.
1878: Governor General Lord Lytton issued the Vernacular Press Act. It allowed the government to suppress writings it considered seditious and to punish printers and publishers who did not comply.
1908: Lord Minto issued the Newspapers (Incitement to Offences) Act, 1908. It allowed local authorities to act against the editor of any newspaper that published material seen as incitement to rebellion.

The most important date in the history of media regulation, however, was 26 January 1950, the day the Constitution came into force. Colonial experience had taught Indians how vital the freedom of the press was. To let the press spread knowledge to the public, the Constituent Assembly decided to protect it as a fundamental right.

The Constitution does not mention the freedom of the press directly. But it is clearly part of the freedom of speech and expression under Article 19(1)(a). This freedom is not absolute: Article 19(2) sets clearly defined limits in the public interest.

The freedom under Article 19(1)(a) is not limited to newspapers and periodicals. It also covers pamphlets, leaflets, handbills, circulars and every kind of publication that carries information and opinion.

So although press freedom is guaranteed as a fundamental right, the laws that govern each area of the media must be examined to understand how wide media law is.

Print media

Freedom of the press and freedom of expression are the basis of democratic government. Every business is subject to the laws of the nation, the state and the community where it works. Despite the constitutional protection of press freedom, newspaper publishers find themselves more "hemmed in" by legal restrictions than many other businesses.

The main laws that regulate print media are:

The Press and Registration of Books Act, 1867: regulates printing presses and newspapers, and requires every printing press to register with an appointed authority.
The Press (Objectionable Matters) Act, 1951: guards against printing and publishing incitement to crime and other objectionable material.
The Newspaper (Prices and Pages) Act, 1956: allows the central government to regulate newspaper prices according to the number and size of pages, and the space given to advertising.

Broadcasting

Broadcasting was once a complete monopoly of the Government of India. Private organisations were involved only in commercial advertising and programme sponsorship.

In Secretary, Ministry of Information and Broadcasting v. CAB ((1995) 2 SCC 161), the Supreme Court departed clearly from this monopoly. It held that every citizen has the right to broadcast any important event to viewers and listeners through electronic media, television or radio. It also held that the government had no monopoly over electronic media, because no such power appears in the Constitution or in any other law of the country. This judgment greatly changed broadcasting and opened the sector to citizens.

The Cable Television Networks (Regulation) Act, 1995 regulates cable television in India, including subscription rates and the total number of subscribers receiving programmes in the basic tier. Under the Cable Television Networks (Regulation) (Amendment) Bill, 2002, the central government may require every cable operator to transmit or retransmit any pay channel through an addressable system when it so notifies. Such a notice may also set the number of free-to-air channels in the basic service tier.

Film

India is one of the largest producers of films in the world. The industry covers three main activities, production, distribution and exhibition. It operates across India, employs thousands of people and entertains millions every year.

The main law that governs the making and screening of films is the Cinematograph Act, 1952. It provides for films to be certified before they are shown. Under this Act, a Board of Film Censors (now the Central Board of Film Certification), with advisory panels at regional centres, examines every film. It may approve a film for unrestricted showing or for adults only, or refuse to approve it for public showing.

In K. A. Abbas v. Union of India (AIR 1971 SC 481), the petitioner was the first to challenge censorship as a breach of his fundamental right to freedom of speech and expression. The Supreme Court held that pre-censorship of films under the Cinematograph Act was justified under Article 19(2). Films must be treated differently from other forms of art and expression, it said, because a film can stir emotions more deeply. This led to two categories of films: "A" (adults only) and "U" (for all).

Advertising

Advertising mixes art and fact and must follow ethical principles. To serve consumers, an advertisement must be truthful and ethical and must not mislead. If it does, it loses credibility.

The Advertising Standards Council of India (ASCI) was set up to enforce an ethical code. Inspired by a similar code of the Advertising Standards Authority (ASA) in the UK, it follows these basic guidelines so that fair advertising is accepted in the interest of consumers:

to ensure that what advertisements say and claim is true and honest, and to guard against misleading advertising
to ensure that advertisements do not offend generally accepted standards of public decency
to guard against the careless use of advertising to promote products that are harmful to society or to individuals to a degree, or of a kind, that society does not accept
to ensure that advertisements compete fairly, so that consumers are informed of their choices in the market and accepted standards of fair business competition are respected

Media law and women's rights

Media law helps secure and protect women's rights. It regulates what the media may publish and broadcast, and so directly supports the protection of women's rights.

The laws on print media take away the absolute power the press once had. They protect women's rights by stopping the press from publishing articles and journals that harm women's interests or invade their privacy.

Source: EzineArticles

Author: Mathew Thomas