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Indian Journal of Law and Human Behavior

Volume  5, Issue 2(Special Issue), May - August 2019, Pages 155-161
 

Original Article

Judiciary and Media Trial: A Need for Balance

Mohd. Aqib1, Utkarsh Dwivedi2

1,2Faculty of Law, Jamia Millia Islamia, New Delhi

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DOI: 10.21088/ijlhb.2454.7107.5219.8

Abstract

3Though Media is regarded as one of the four pillars of democracy and plays a vital role in moulding the opinion of the society, however, with the increased role and importance attached to it, the accountability and professionalism in today’s media cannot be effectively emphasized. Media should not usurp the functions of the judiciary and diverge from objective and unbiased reporting. The trial by media is definitely an undue interference in the administration of justice. Judges while making decision start considering Media criticism if they goes opposite from the view of the Media that’s why in mostly high profile cases verdict passes by media becomes the final verdict in trial courts. There is a need to maintain a balance between the freedom of the press and the right of a victim to have fair trial in case. Thus, Media wields enormous powers that can subliminally affect a case. The problem does not lie in media’s exposing the wrongs in the society. The problem arises when they go beyond the rights conferred to them and do things which they shouldn’t. The thin line between ‘innocent until proven guilty’ and ‘guilt beyond reasonable doubt’ is easily crossed which can endanger a trial in process. Steps need to be taken in order to prevent media trials from eroding the civil rights of the citizens, whereby the media have a clearer definition of their rights and duties, and the courts are given the power to punish those who flagrantly disregard them.

Keywords: Judiciary; Media; Democracy.


Corresponding Author : Utkarsh Dwivedi