Independent judiciary and independent media are the "heart and soul" of constitutional democracy, former chief justice R M Lodha said today, stressing that citizens feel empowered and their rights secured when these "two pillars are strong".
He said mutual hostilities, threats and harassment over food choices, inter-religion marriages, row over creative arts in the form of films and songs, and transportation of cows have troubled the country of late.
"They tend to crush the spirit of our constitutional freedoms. The growing tendency of criminalising the freedoms and unwarranted invocation of sedition and criminal defamation laws are not only disturbing, but they also destroy democratic credential of India as a nation," he said at a function where he gave away the International Press Institute-India Award for Excellence in Journalism, 2017, to Ritu Sarin of the 'Indian Express'.
In many states, Justice Lodha noted, sedition charges were slapped "at the drop of a hat" despite clear guidelines laid down by the Supreme Court.
He said it was important for the media and the people of the country "not to succumb to pressures, harassment and intimidation of any sort" that could curtail the freedom guaranteed by the Constitution.
"The media needs to expose the divisive rhetoric and the violent reactions by disgruntled elements who have no respect for constitutional values and who are hell bent upon imposing there dictates on others," he said.
He said the role of judiciary becomes "extremely important and its independence critical" whenever there's a challenge to the freedom guaranteed under the Constitution.
"Unlike American federal Supreme Court, Indian Supreme Court sits in division and not in unison but the judiciary should not come across as a divided house... The faith of people in the judiciary is shaken when they see cracks in the highest court," Justice Lodha said, referring to a recent row in the Supreme Court Collegium.
At an unprecedented press conference on January 12, four senior judges of the Supreme Court - justices Jasti Chelameswar, Ranjan Gogoi, M B Lokur and Kurian Joseph - had raised various issues, including the allocation of important and sensitive PILs, and questioned the manner in which CJI Dipak Misra was allocating them to a particular bench.
"Independent judiciary and independent media are the heart and soul of constitutional democracy. When these two pillars are strong, the citizens feel empowered and their rights secured," he said.
Sarin was awarded for her long-standing contribution to investigative journalism, including reporting on offshore accounts of Indians mentioned in the 'Panama Papers'. The award comprises a cash reward of Rs 2 lakh, a trophy and a citation.
The jury this year was chaired by eminent lawyer and former Attorney General of India Soli Sorabjee.
Other members of the jury included Chairman of IPI's India chapter N Ravi, who is also a director with The Hindu, former editor-in-chief of the Press Trust of India M K Razdan, former chief editor of Business Standard and Financial Express Sanjaya Baru, and senior assistant editor of Malayala Manorama Riyad Mathew.
Sorabjee said: "In several decisions of the Supreme Court, freedom of press has been held to be implicit in the guarantee of freedom of speech and expression and has thus acquired the status of a fundamental right by judicial interpretation."
However, he cautioned that no fundamental right, including the freedom of the press, was absolute.
"It can be restricted provided the restriction is not excessive or arbitrary," he said.
"The question whether the restriction imposed is unreasonable, excessive or disproportionate has to be determined by an independent judiciary exercising the powers of judicial review..." he added.
Sorabjee said the press should spread the message that no group or body has the monopoly over truth and wisdom, and one must respect the point of view of the "other mind".
"The press must unequivocally condemn instances of intolerance without fear of adverse consequences," he said.
The IPI instituted the annual award in 2003 to recognise and honour the best work done by an Indian media organisation or journalist working in print, radio, television and Internet mediums in furtherance of public interest, including safeguarding of freedom of the press and other freedoms.
The Indian chapter of IPI is an active forum of editors, publishers and senior executive of newspapers, magazine and news agencies.
Philip Mathew, Fellow of the International Press Institute, who welcomed the dignitaries, said press freedom was in peril when the IPI was instituted seven decades ago and even today.
"Governments in various parts of the world continue to display a love for restricting human freedoms and silencing journalists," he said.
Talking about "rising intolerance" to dissent in the country, N Ravi said, religious, caste and linguistic groups taking offence at some perceived slight and resorting to legal action, or worse, to violent protests and attacks was not a new phenomenon.
Disclaimer: No Business Standard Journalist was involved in creation of this content
