Daily News Analysis

Use of Draconian laws & Law Enforcement agencies

stylish_lining

Use of Draconian laws & Law Enforcement agencies

 

 

Why in the News?

Recently, a media outlet called NewsClick has been booked under UAPA, the anti-terror law for allegations of receiving funds from organisation which are is an arm of the Chinese propaganda machinery. 

Considerations for the use of draconian law by the enforcement agencies:

  1. The more draconian the law invoked against these entities (individual or group), more care has to be exercised by the enforcement agencies to ensure that it will stand up to judicial scrutiny.
    1. For instance, individuals are locked up for years only to be ultimately released by the superior courts.
  2. Step has to be taken to limit collateral damage while combating those who seek to harm the state to uphold the foundational values of the Republic.
  3. It has to be ensured that matters pertaining to non-bailable cases are decided early by enforcement agencies and the judiciary.

Why media needs regulation?

  1. Concerns of propaganda fake news, further increased with the rise of artificial intelligence technology.
  2. Media moving towards sensationalism and yellow journalism (publishing sensational news to attract readers and increase circulation).
  3. Issue of paid news (someone paying a newspaper and getting something favourable to him published)

Regulation of media in India:

  1. Press Council of India (PCI) established under the PCI Act of 1978, acts for preserving the freedom of the press and of maintaining and improving the standards of newspapers and news agencies in India.
  2. Code of Ethics for self-regulation of news channels has been devised by the News Broadcasters Association.
  • The News Broadcasting Standards Authority (NBSA), of the NBA, is empowered to warn, admonish, censure, express disapproval and fine the broadcaster a sum up to Rs. 1 lakh for violation of the Code.  
  1. The IT act and IT rules regulates digital media such as online news publications, online curated content publishers including OTTs and social media platforms

Observations by the Judiciary:

  1. Being critical of the government cannot be considered ‘anti-establishment’ and refusing security clearance to operate will create a ‘chilling effect’ on press freedom.
  2.  Anuradha Bhasin v. Union of India case (2020)
    1. The case dealt with suspension of mobile phone networks, internet services, and landline connectivity in the valley by the govt in J&K.
    2. The court held that freedom of speech and expression includes the right to disseminate information. 
    3. The wider range of circulation of information or its greater impact cannot restrict the content of the right, nor can it justify its denial.
    4. Right to carry on any trade or business under 19(1)(g), using the medium of internet, is constitutionally protected.

Maharashtra Scraps Hindi as Compulsory Third Language

The Maharashtra government recently scrapped its Government Resolutions (GRs) that mandated Hindi as a compulsory third language from Grades 1 to 5 in Marathi and English medium schools. While the
Share It

River Pollution in India

The Delhi government's focus on cleaning up the Yamuna River is part of a larger national effort to rejuvenate the Ganga River and its tributaries, in alignment with the Namami Gange Programme
Share It

Infrastructure Failures

The recent collapse of the Mahisagar River Bridge in Vadodara, which tragically claimed the lives of 20 people, underscores the growing concern over India's infrastructure quality. Similar
Share It

Special Intensive Revision (SIR)

The Supreme Court (SC) is currently reviewing the Election Commission of India’s (ECI) process for the Special Intensive Revision (SIR) of electoral rolls in Bihar, suggesting that Aadhaar,
Share It

GM Crop

In ongoing trade talks, the United States is advocating for India to open its agriculture market to genetically modified (GM) crops. However, India has firmly rejected this proposal, citing concer
Share It

India-Brazil Relations

India and Brazil share a growing and dynamic bilateral relationship that has evolved across various sectors since the establishment of diplomatic ties in 1948. Their Strategic Partnership, formali
Share It

Legislative Productivity

The Lok Sabha Speaker’s remarks about the need to enhance legislative productivity reflect growing concerns about the diminishing effectiveness of India’s legislative bodies. The chall
Share It

Economic Growth

India's rapid urbanization is set to dramatically shape its future. The transformation of its cities holds immense potential for economic growth, but it also brings significant challenges. As
Share It

Global South

Prime Minister Narendra Modi's visit to Brazil from July 2-9, 2025, for the BRICS summit, was not only his longest international visit in 11 years but also marked a significant diplomatic outr
Share It

Maharashtra’s Special Public Security Bill, 2024

The Maharashtra Assembly has recently passed the Special Public Security Bill, 2024, aimed at combating “urban Maoism” and left-wing extremism in the state. The Bill criminalizes activ
Share It

Newsletter Subscription


ACQ IAS
ACQ IAS