The Hindu Editorial Analysis 13th November,2020

The Hindu Editorial Analysis 13th November,2020

For one and all :On personal liberty
Relation with syllabus: GS-2-Polity-6-Functioning of Judiciary

Context:
Recent case of granting bail to television anchor Arnab Goswami.

Why Goswami was given bail?
   •   If there is an allegation that could have been investigated and prosecuted if evidence was found.

   •   The SC said that the matter was not related his profession or journalistic work.

   •   Goswami was a garrulous supporter of the ruling party at the centre and the case was seemed to be in
       consonance with political vendetta or misuse of power.

Personal liberty and the SC:
   •   Right to life and personal liberty is a fundamental right under Article 21 of our Constitution.

   •   In Gopalan case, the SC gave a wider interpretation of personal liberty.

           1. It said that Article 21 should be available not only against arbitrary executive action but also
              against arbitrary legislative action

           2. Further, right to life is not just merely confined to animal existence or survival but includes human
              dignity, meaningful and worth living life.

   •   Right against

            1. handcuffing,

            2. speedy trial

            3. health

            4. custodial harassment

5. reputation

               are some fundamental rights under Article 21 from the purview of personal liberty.

Right to Equality and personal liberty:
   •   The Indian Constitution also states that Right to Equality is a fundamental right under Article 14 that
       means everyone is equal under the law.

   •   Absence of any special privileges in favour of anyone is enshrined in this Article.

   •   Now, there are instances of evading and postponing hearing on many matters by the SC, concerning
       fundamental rights and constitutional questions which affect large sections of society.

   •   But, same zeal for personal liberty (a fundamental right) was demonstrated in so selective manner in the
       case of Goswami according to the writer.

   •   Everyone should get equal treatment under the law and personal liberty is for all.

Media Regulation that is quite over the top
Relation with syllabus: GS-2-10-Govt policies and issues arising out of their design, implementation

Context:
OTT platforms like NETFLIX, Amazon Prime etc. are being under the Ministry of Information and Broadcasting. But,
at the same time digital media (online news and current affairs portals) is also brought under it. What can be the
repercussions?

Concerns:
    •   During the period of emergency, press was attacked with lots of censorship and stringent rules.

    •   So, can the present move again reiterate the same thing? Will it lead to an era of govt censorship?

    •   Again, digital media is clubbed with films which are pre-censored by Central Board of Film certification.

        So, is the digital media being targeted in the guise of clubbing?

    •   Considering the recent case of Sudarshan TV spreading hate speech, is it being used as a pawn or an
        excuse to check freedom of press? And also, rationale of checking digital media for it does not hold water.

    •   A PIL was filed in the SC relating to content on “Over the Top” (OTT) not being subject to regulation or
        official oversight. Was it used as a tool to pave the way for the govt?

    •   Print media-Press council of India, TV media- News Broadcasters Association (NBA) but digital media
        under the Ministry of Information and Broadcasting. Isn’t there paucity of uniformity?

The other side:
    •   Freedom of the press is a fundamental right under Article 19(Freedom of Speech and expression).

    •   However, the state can impose reasonable restrictions on the grounds of sovereignty and integrity of
        India, security of the state, friendly relations with foreign states, public order, decency or morality,
        contempt of court, defamation and incitement to an offence.

•   Freedom of press is an indispensable part of a healthy democracy. And, digital media should also strictly
    follow a code of ethics of quality journalism.

Can the right to work be made real in India?
Relation with syllabus: GS-3-2-Economy-Inclusive Growth

Context:
This is an interview regarding right to work, duty of the state etc.

Right to work:
    •   This term became stole the limelight after the WW-2, the Universal Declaration of Human Rights.

    •   In India, right to work is not a constitutional right. (Constitutional Rights are not basic unlike Fundamental
        rights and not applicable to everyone. For example, right to vote is a constitutional right not a
        fundamental right)

    •   We have MGNREGA Act,2005

            1. To guarantee 100 days of employment in every financial year to adult members of any rural
               household willing to do public work-related unskilled manual work (kind of legal right to work)

            2. Under MGNREGA, a person can hold the state responsible for not fulfilling the right by demanding
               an unemployment allowance.

        But if this law is amended or withdrawn the right vanishes.

 More interpretations of Right to work:
    •   Not only used in the sense of lack of unemployment but also the right to earn the livelihood without any
        obstruction.

    •   Apart from generating employment, state should also safeguard people’s employment.

    •   India is a labour surplus economy and it is incumbent on the state to provide support to labour.

Another angle:
    •   Right to work should move in a tandem with right to leisure.

    •   Having the right to take rest is also a part of human dignity.