Social Work Licensing Board - Media Law and the proprietary of Women in India
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Women's rights, as a term, typically refers to the freedoms inherently possessed by
women and girls of all ages, which may be institutionalized, ignored or illegitimately
suppressed by law, custom, and behavior in a singular society. These liberties are
grouped together and differentiated from broader notions of human possession because they
often differ from the freedoms inherently possessed by or recognized for men and boys,
and because activism surrounding this issue claims an potential historical and traditional
bias against the practice of possession by women.
Issues generally related with notions of women's possession include, though are not
limited to, the right: to corporal integrity and autonomy; to vote (universal suffrage); to
hold public office; to work; to fair wages or equal pay; to own property; to education; to
serve in the military; to enter into legal contracts; and to have marital, parental and
religious rights. Today, women in most nations can vote, own property, work in many
different professions, and hold public office. These are some of the possession of the modern
woman. But women have not always been allowed to do these things, similar to the
experiences of the majority of men throughout history. Women and their supporters have
waged and in some places continue to wage long campaigns to win the same possession as
modern men and be viewed as equals in society.
Evolution of women's possession in India
Position of women in antique India
The position of women since long has been pitiable in all aspects of life and her
subjection by males has been throughout a matter of history. She could not feel
independent, and act as so, barring a few exceptions.
The women in Vedic duration enjoyed equal status with men and independence in action.
Not only they had the place of honour, but were entitled to partake freely in social
activities. They were allowed to pursue the scholastic attainments and shared the family
life with full vigour. They were free to elect their matrimonial partner and exercised free
will in entering into the matrimonial bondage.
The privileges that women enjoyed in the Vedic duration were short lived and the position
of women began to decline from the latter Vedic duration onwards. Post Vedic duration saw
the emergence of Manusmrithi. The injunctions of Manu merged the wife's individuality
with that of her husband and recommended spoton seclusions for women and rigorous
discipline for widows. While glorifying motherhood and allowing women all free time in
the administration of the household, he permitted child marriage and polygamy. In the
Dharma-shastra women are unambiguously equated with the sudras. Even the Gita
places women, vaisyas and sudras in the same type and describes them as being of
sinful birth. Moreover women lead a life in abject misery. The women were denied the
right of equal chance in the field of instruction as well as in employment. The
inhuman system of .Sati. Was prevalent as a compulsory custom. Widows were not only
precluded from remarrying, but they were also not allowed to live after the death of their
husband. There also existed the system of Purda, were the women had to cover her face
and body with a robe when she was to be seen in public. These were not only deprivation
of the possession of women but were also public evils which plagued the antique Indian
society. The other evils which affected the women in antique India were child marriage,
female infanticide, Dowry system etc.
During the British rule, many new rules were being legislated to abolish unavoidable social
evils which have direct impact on the possession of the women. Many public reformers during
this duration together with Raja Ram Mohan Roy worked hard for the abolition of the system
of sati and reinstated in its place the right of widows to remarry. More emphasis was
given to contribute opportunities for improving the plight of women like improving
opportunities for female instruction etc.
After Independence, most of the public evils like Sati system, child marriage, female
infanticide etc which affected the possession of women adversely were abolished. More laws
were enacted to contribute women equal status with man in the field of instruction and
employment opportunities, laws were also enacted for preventing discrimination against
women on the basis of gender. Constitution of India also provides for provisions in order
to safe the possession of women. Reservations were made in the public sector to increase
the ratio of women population and to bring it in par with the male population. The Indian
penal code has also adopted stringent measures to deal with crimes against women. Penal
punishments were incorporated for dealing with the crimes of rape, marital violence
against women, prostitution etc. The Dowry Prohibition act also provides for punishment
in giving and accepting of Dowry. Recently a bill was enacted to forestall harassment of
women in their work places.
International conventions for the safety and promotion of women rights
The institution on the Elimination of All Forms of Discrimination against Women
(Cedaw), adopted in 1979 by the Un normal Assembly, is often described as an
international bill of possession for women. Consisting of a preamble and 30 articles, it defines
what constitutes discrimination against women and sets up an schedule for national action
to end such discrimination.
The institution defines discrimination against women as "...any distinction, exclusion
or restriction made on the basis of sex which has the corollary or purpose of impairing or
nullifying the recognition, enjoyment or practice by women, irrespective of their marital
status, on a basis of equality of men and women, of human possession and fundamental
freedoms in the political, economic, social, cultural, civil or any other field."
By accepting the Convention, States commit themselves to undertake a series of
measures to end discrimination against women in all forms, including:
To consolidate the principle of equality of men and women in their legal system, abolish
all discriminatory laws and adopt accepted ones prohibiting discrimination against
women; form tribunals and other public institutions to ensure the productive protection
of women against discrimination; and to ensure elimination of all acts of discrimination
against women by persons, organizations or enterprises.
The institution provides the basis for realizing equality in the middle of women and men
through ensuring women's equal way to, and equal opportunities in, political and public
life -- together with the right to vote and to stand for choosing -- as well as education, health
and employment. States parties agree to take all accepted measures, including
legislation and temporary extra measures, so that women can enjoy all their human
rights and fundamental freedoms.
The institution is the only human possession treaty which affirms the reproductive possession of
women and targets culture and tradition as influential troops shaping gender roles and
family relations. It affirms women's possession to acquire, turn or hold their nationality
and the nationality of their children. States parties also agree to take accepted measures
against all forms of traffic in women and exploitation of women.
Countries that have ratified or acceded to the institution are legally bound to put its
provisions into practice. They are also committed to submit national reports, at least
every four years, on measures they have taken to comply with their treaty obligations.
United Nations announcement on the safety of Women and Children in accident and Armed Conflict
Bearing in mind the need to contribute extra safety to women and children belonging
to the civilian population, solemnly proclaims this announcement on the safety of
Women and Children in accident and Armed friction and calls for the strict
observance of the announcement by all Member States:
1. Attacks and bombings on the civilian population, inflicting incalculable suffering,
especially on women and children, who are the most vulnerable members of the
population, shall be prohibited, and such acts shall be condemned.
2. The use of chemical and bacteriological weapons in the course of troops operations
constitutes one of the most flagrant violations of the Geneva Protocol of 1925, the
Geneva Conventions of 1949 and the system of international humanitarian law and
inflicts heavy losses on civilian populations, together with defenceless women and children,
and shall be severely condemned.
3. All States shall abide fully by their obligations under the Geneva Protocol of 1925 and
the Geneva Conventions of 1949, as well as other instruments of international law
relative to respect for human possession in armed conflicts, which offer leading guarantees
for the safety of women and children.
4. All efforts shall be made by States involved in armed conflicts, troops operations in
foreign territories or troops operations in territories still under colonial domination to
spare women and children from the ravages of war. All the principal steps shall be taken
to ensure the prohibition of measures such as persecution, torture, punitive measures,
degrading medicine and violence, particularly against that part of the civilian population
that consists of women and children.
5. All forms of repression and cruel and inhuman medicine of women and children,
including imprisonment, torture, shooting, mass arrests, public punishment,
destruction of dwellings and forcible eviction, committed by belligerents in the course of
military operations or in busy territories shall be considered criminal.
6. Women and children belonging to the civilian population and looking themselves in
circumstances of accident and armed friction in the struggle for peace, selfdetermination,
national liberation and independence, or who live in busy territories,
shall not be deprived of shelter, food, healing aid or other inalienable rights, in
accordance with the provisions of the Universal announcement of Human Rights, the
International contract on Civil and Political Rights, the International contract on
Economic, public and Cultural Rights, the announcement of the possession of the Child or other
instruments of international law.
United Nations announcement on the Elimination of Violence against Women
The announcement in general aims at protecting women from torture. For the purposes of this
Declaration, the term "violence against women" means any act of gender-based violence
that results in, or is likely to corollary in, physical, sexual or psychological harm or suffering
to women, together with threats of such acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or in incommunicable life.
Article 2
Violence against women shall be understood to encompass, but not be minuscule to, the
following:
( a ) Physical, sexual and psychological violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence,
marital rape, female genital mutilation and other customary practices harmful to women,
non-spousal violence and violence related to exploitation;
( b ) Physical, sexual and psychological violence occurring within the general
community, together with 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 perpetrated or condoned by the State,
wherever it occurs.
The announcement aims at production the world a safer destination for women and to enjoy
their possession without any encumbrances.
Aclu Women's possession Project
Since 1972, the Aclu Women's possession task has worked to empower women and
advance equality. Many people, before and since, have contributed to our effort.
The Women's possession task focuses on four core areas:
Employment
Wrp advocates on behalf of low-wage immigrant women workers, works to eliminate
welfare disparities, and seeks to end workplace discrimination.
Violence Against Women
Wrp is committed to advancing battered women's civil rights, assisting women in their
efforts to keep themselves and their children safe, and entertaining the housing and
employment discrimination experienced by so many battered women, especially low revenue and women of color.
Criminal Justice
Wrp addresses the harms to women and girls caught up in the criminal and juvenile
justice systems, together with their conditions of confinement, and the impact of sentencing
and incarceration policies on women and their children.
Education
Wrp is dedicated to ensuring that public schools do not come to be sex-segregated and that
girls and boys receive equal educational opportunities.
Legislations in India for the safety of Women
The major women specific legislations in India are the following:
The Immoral Traffic (Prevention) Act, 1956- The Immoral Traffic act aimed at
preventing immoral activities using women. It provides punishment for women
trafficking, carrying on the enterprise of prostitution, keeping a brothel etc.
Role of Media in the safety of women's rights
Media plays a very leading role in creating awareness among the women community
about their potential rights, which they were deprived of for many centuries. Media plays
the role of a saviour in whom the power to safe and improve the possession of the women is
arrogated. Media straight through its visual broadcasting should task the abject and miserable
lives and living conditions of women in rural India. More documentaries and screen plays
projecting women.s possession should be aired straight through visual media. Media plays an
important role in coordinating the activities of public workers who play an leading role
in striving to form women.s rights. Print media straight through discrete journals meant
exclusively for women entails a place in this men dominated world. Media has certain
forums specifically for the promotion and advancement of the interest of women folk.
Media straight through its discrete agencies helps to agitate and voice against any intrusion into
the possession of the women. In the contemporary age crimes against women have also became very
rampant, media was an active tool in voicing against such acts and bringing such illegal
acts to the eyes of the concerned authorities and thus keeping the issue as a hot spot
which requires urgent attention. Media also acts as an productive tool in educating people
against the commission of such atrocious acts against the women society and thus
preserving their Syn. Clearness and sacredness. Media also straight through discrete debates and
discussions help the legislators in identifying new areas for legislating laws for the
protection of women.
Negative effects of media on the possession of women
Media has both unavoidable as well as negative effects on the possession of women. Media has
been a cause for the growth in infringement of the right to privacy of a woman. Media
through obscene publication and visual presentations have demeaned the dignity of
women in the contemporary society. contemporary films tend to glorify violence and as a result
infuse such ideas in the minds of the youth. Media has played a principal role in the
promotion and circulation of pornographic materials which in turn will corollary in
trafficking of women, flesh trade etc. Media is a projection stone in shaping the lives of the
new generation, as majority of the contemporary generation are glued to them. Media through
films and publications tend to drastically revolutionise the minds of the population without
their knowledge and awareness. Hence there has to be a spoton check and control on the
contents that are aired and published straight through the media. It was this opinion which paved
the way for the amelioration of media laws.
Media laws and its Evolution in India
In India the Press is free but field to unavoidable uncostly restrictions imposed by the
Constitution of India, 1950, as amended ("Constitution"). Before the impact of
globalisation was felt, the mass media was thoroughly controlled by the government, which
let the media task only what the government wanted the public to see and in a way in
which it wanted the public to see it. However, with the onset of globalisation and
privatisation, the situation has undergone a humongous change.
Before the invention of communication satellites, communication was in general in the
form of national media, both public and private, in India and abroad. Then came the
'transnational media' with the advance of communication technologies like Satellite
delivery and Isdn (Integrated Services Digital Network), the outcome: local Tv, global
films and global information systems.
In such an era of media upsurge, it becomes an absolute necessity to inflict unavoidable legal
checks and bounds on transmission and communication. In the due course of this article,
we would discuss the discrete aspects of media and the relevant legal checks and bounds
governing them.
Historical Perspective of Mass Media Laws
Mass Media laws in India have a long history and are deeply rooted in the country.s
colonial perceive under British rule. The earliest regulatory measures can be traced
back to 1799 when Lord Wellesley promulgated the Press Regulations, which had the
effect of imposing pre-censorship on an child newspaper publishing industry. The onset
of 1835 saw the enforcement of the Press Act, which undid most of, the repressive
features of earlier legislations on the subject.
Thereafter on 18th June 1857, the government passed the .Gagging Act., which among
various other things, introduced compulsory licensing for the owning or running of
printing presses; empowered the government to prohibit the publication or circulation of
any newspaper, book or other printed material and banned the publication or
dissemination of statements or news stories which had a tendency to cause a furore
against the government, thereby weakening its authority.
Then followed the .Press and Registration of Books Act. In 1867 and which continues to
remain in force till date. Governor normal Lord Lytton promulgated the .Vernacular
Press Act. Of 1878 allowing the government to clamp down on the publication of
writings deemed seditious and to inflict punitive sanctions on printers and publishers
who failed to fall in line. In 1908, Lord Minto promulgated the .Newspapers (Incitement
to Offences) Act, 1908 which authorized local authorities to take performance against the editor
of any newspaper that published matter deemed to constitute an incitement to rebellion.
However, the most principal day in the history of Media Regulations was the 26th of
January 1950 . The day on which the Constitution was brought into force. The colonial
experience of the Indians made them realise the crucial significance of the .Freedom of
Press.. Such free time was therefore incorporated in the Constitution; to empower the
Press to disseminate knowledge to the masses and the Constituent Assembly thus,
decided to safeguard this .Freedom of Press. As a fundamental right. Although, the Indian
Constitution does not expressly mention the freedom of the press, it is clear that the
liberty of the press is included in the free time of speech and expression under article 19
(1)(a). It is however pertinent to mention that, such free time is not absolute but is
qualified by unavoidable clearly defined limitations under article 19(2) in the interests of the
public.
It is principal to mention here that, this free time under article 19(1)(a) is not only
cribbed, cabined and confined to newspapers and periodicals but also includes pamphlets,
leaflets, handbills, circulars and every sort of publication which affords a car of
information and opinion:
Thus, although the free time of the press is guaranteed as a fundamental right, it is
necessary for us to deal with the discrete laws governing the different areas of media so as
to appreciate the vast expanse of media laws.
Regulations in print media
The free time Of Press and the free time Of Expression can be regarded as the very basis
of a democratic form of government. Every enterprise enterprise is involved in the laws of
the nation, the state and the society in which it operates. Newspaper publishers find
themselves more .hemmed in. By legal restrictions than many other businesses do .
despite the fact that the free time of press is protected by the Indian constitution. The
various Acts, which have to be taken into consideration when dealing with the
regulations imposed upon the Print Media, are:
_ The Press and Registration of Books Act, 1867 . This Act regulates printing presses
and newspapers and makes registration with an appointed Authority compulsory for all
printing presses.
_ _The Press (Objectionable Matters) Act, 1951 . This enactment provides against the
printing and publication of incitement to crime and other objectionable matters.
_ _The Newspaper (Prices and Pages) Act, 1956 . This statute empowers the Central
Government to regulate the price of newspapers in relation to the whole of pages and
size and also to regulate the allocation of space to be allowed for advertising matter.
Regulations in broadcasting
The broadcast media was under unblemished monopoly of the Government of India. Private
organizations were involved only in commercial advertising and sponsorships of
programmes. However, in Secretary, Ministry of I&B v. Cab1, the consummate Court clearly
differed from the aforementioned monopolistic approach and emphasized that, every
citizen has a right to telecast and broadcast to the viewers/listeners any leading event
through electronic media, television or radio and also in case,granted that the Government had
no monopoly over such electronic media as such monopolistic power of the Government
was not mentioned in any place in the Constitution or in any other law prevailing in the
country.
This judgment, thus, brought about a great turn in the position prevailing in the
broadcast media, and such sector became open to the citizens.
1 (1995) 2 Scc 161
Cable Television Networks (Regulation) Act, 1995 basically regulates the execution of
Cable Television in the territory of India and regulates the subscription rates and the total
number of total subscribers receiving programmes transmitted in the basic tier. In
pursuance of the Cable Television Network (Regulation) (Amendment) Bill, 2002, the
Central Government may make it obligatory for every cable operator to forward or
retransmit programme of any pay channel straight through an addressable system as and when the
Central Government so notifies. Such announcement may also specify the whole of free to
air channels to be included in the box of channels forming the basic assistance tier
film . India is one of the largest producers of appeal pictures in the world.
Encompassing three major spheres of performance . Production, distribution and exhibition,
the business has an all-India spread, employing thousands of population and entertaining
millions each year. The discrete laws in force regulating the production and screening of
films are: -
The Cinematograph Act, 1952 . The Cinematograph Act of 1952 has been passed to
make provisions for a certification of cinematographed films for exhibitions by means of
Cinematograph. Under this Act, a Board of Film Censors (now renamed Central Board
of Film Certification) with advisory panels at regional centres is empowered to examine
every film and sanction it either for unrestricted exhibition or for exhibition restricted
to adults. The Board is also empowered to refuse to sanction a film for public exhibition.
In K. A. Abbas v. Union of India, the petitioner for the first time challenged the validity of
censorship as violative of his fundamental right of speech and expression. The Supreme
Court however observed that, pre-censorship of films under the Cinematograph Act was
justified under article 19(2) on the ground that films have to be treated separately from
other forms of art and expression because a appeal photograph was able to stir up emotion
more deeply and thus, classification of films in the middle of two categories .A. (for adults only)
and .U. (for all) was brought about2.
2 Air 1971 Sc 481
Advertising
Advertising communication is a mix of arts and facts subservient to ethical principles. In
order to be consumer-oriented, advertisement will have to be careful and ethical. It
should not mislead the consumer. If it so happens, the credibility is lost.
In order to inflict an ethical regulating code, the Advertising Standards Council of India
was set up. Inspired by a similar code of the Advertising Standards Authority (Asa) Uk,
Asci follows the following basic guidelines in order to achieve the acceptance of fair
advertising practices in the interest of the consumer: -
· To ensure the truthfulness and honesty of representations and claims made by
advertisements and to safe guard against misleading advertising;
· To ensure that advertisement are not obnoxious to generally accepted standards of public
decency;
· To safeguard against indiscriminate use of advertising for promotion of products which
are regarded as risky to society or to individuals to a degree or of a type which is
unacceptable to society at large; and
· To ensure that advertisements scrutinize fairness in competition so that the consumers
need to be informed on choices in the market places and canons of generally accepted
competitive behaviour in enterprise are both served.
Media laws and its relation to the possession of the Women
Media Law has its applicability in ensuring and preserving the possession of the women.
Media has been regulated with regard to its right in publishing and broadcasting by
enacting the media laws. These laws have a direct impetus to the safety of women.s
rights. Media Laws straight through its enactments regulating the print media takes away from the
press the absolute power vested in them previously. Media laws safe the women.s
right by preventing the print media from publishing articles and journals that goes
detrimental to the interest of the women folk and intrude their privacy.
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