Dada, You get me wrong. I am not condemning anyone. You are quite right in saying that a picture often speaks much more than a thousand line. In fact I would go on to agree with you that pictures do play a vital role in courts. But showing a picture to a Judge is something else and publishing it in a newspaper is something altogether different. Won't you agree?
BY the way, your logic that the Government would have hushed the matter as they tried at the early stage has one very small hitch. Do you think that the other pictures of people beating people were not enough that they had to publish the picture of that stripped innocent girl to pressurize the government? And as to your question about the lawsuit about the media, Dr, Bikash Kumar Das called me up yesterday about the same thing and I have advised him on this very topic as how the media has violated the Indecent Representation of Women (Prohibition) Act, Cable Television Networks (Regulation) Act, Article 21 (Right to life/live[with dignity]) as has been guranteed by the Constitution of India and provisions of the Indian Penal Code. He intends to act on the advice and has presumably started off the process. I would not hesitate to represent the victims if asked for by them(pro bono) but for your information, I also do not volunteer my services. And this would not be the first time. And as you have said about the PIL. I can assure you that it won't be able to reverse the process of not being able to control the situation. And even if a PIL is filed, do you know what will happen? It would mean just another pending case for many years and appearance fees for us advocates. It won't make people kill each other. It also won't make people hate each other. And lastly, the assurance you want from me as to no advocate will represent the villains, I simply cannot speak for anyone else other than me. But let me enlighten you that cases are not won because there is someone (an advocate) to represent the villain. Cases are won when witnesses do not falter, when they speak the truth with courage (they have to appear first). If witnesses do not appear then justice is delayed and sometimes denied. And as you know delay is the worst form of denial. regards, nayanjyoti medhi On Nov 29, 2007 11:32 PM, Krishnendu Chakraborty <[EMAIL PROTECTED]> wrote: > 1. From the outrage we are seeing here, people are > more concerned at Assam's Image NOT at modesty of the > woman (refer postings of BD, JS) . > First, please clarify the reason of this outrage > > 2. A picture often speaks much more then a thousand > line .... that is why photo journalism exists. > Without this picture you would not have seen such > reactions (Quote from CM --- "They are animals"). > you as a lawyer should know it better that the > impression this picture is going to have on a judge is > much more then a thousand lines. In US court system, > pictures do play a vital role (I have some interest in > law though I am not a lawyer) > > 3. Every person in the society has their own role to > play ......By your logic, a journalist covering war > should go and treat war victims instead of reporting. > Journalists are often termed as heartless but because > they are, you can become aware of the crime happening > around the world. > Did the media person Arnab Goswami (who is being > highly praised) try to resist the hooligans ? > > 4. If media would have given the photos to > police/government instead of publishing it, there > would NOT have been the pressure on government and > Government would have hushed up the matter (as they > tried initialy) > > 5. If media people start flocking the court as > witnesses, will advocates cover their role ? > > 6. Many are pointing that media was wrong but you as > an advocate can easily file a lawsuit against media if > they are wrong. Will you? > > 7. As an advocate, will you represent the victims > (this and other similar cases) pro-bono > > 8. For every criminal case, you have a criminal > advocate trying to save the criminal. Can you, as an > advocate, give us assurance that NO advocate will > represent these (or other similar) criminals? > > 9. Will you, as an advocate, file a PIL against GOA > as to why they failed to control the situation? > > > I am all with you to protect Assam's interest ... . > But you seem to be blaming the wrong person for > degrading Assam ...... count me in if you are > condemning the right set of people .... the > government, police et al. > > > > > >>If I may, > >>1. Maybe the media could have given the tapes to the > police so that they > could catch the culprits (which they have done). > >>2. Maybe they could have given a detailed write up > instead of the photograph > or video. > >>3. Maybe they could have given the girl a piece of > cloth to cover her > modesty instead of a black strip on the photo or video > (I presume they were > Eye Witnesses). > >>4. Maybe they could have resisted the hooligans and > saved the girl from > getting stripped instead of shooting pictures (If I am > not wrong they did > not shoot pictures of the person who gave the girl a > piece of cloth to cover > her modesty). > >>5. Maybe they could have used their pens to condemn > the incident. > > >>Uncovering the truth is of course their duty but is > it not their duty to > save a girl from getting stripped in the first place. > Will they (the > >>photographers) go and testify against the molestors > in the court? If it is > their duty to uncover the truth? Can you give us > assurance that they will be > >>present in the court to ensure punishment to the > molestors? Or is it that > their duty finishes as soon as they click with zoom > lenses from safe > >>distances and publish the pictures? > > Regards > > Nayanjyoti Medhi > > On Nov 29, 2007 8:03 PM, Krishnendu Chakraborty > <krish_gau at yahoo.com> wrote: > > > >> HIDING THE FACE OF THE WOMAN IS NOT THE > SOLUTION. > > >>WILL YOU AGREE TO SUCH A SOLUTION IF THAT HAPPENS > > >>TO YOUR OWN SISTER OR MOTHER OR ANY RELATIVE ? > > > > > > So what is the solution .... shove it under the > carpet > > just like our Netas were trying to do until Media > > exposed it ? > > > > By your logic a rape victim should not move to > > court/police station ! You would probably advice > this > > if your relative is a victim of such incident. > > > > >From what I see in this forum, people are more > > concerned primarily because this exposure caused a > > negative publicity to Assam and NOT because they are > > concerned about the modesty of the woman. This is > > apparent from many questioning why media exposed it > > for Assam and never do it for other places . > > > > May I know why you are shouting ...... or is it just > > that the CAPS lock in your keyboard is stuck :) > > > > > > > > > > >>Dear Mr Chakraborty > > > > >> HIDING THE FACE OF THE WOMAN IS NOT THE > SOLUTION. > > >>WILL YOU AGREE TO SUCH A SOLUTION IF THAT HAPPENS > > >>TO YOUR OWN SISTER OR MOTHER OR ANY RELATIVE ? > > > > >> Regards > > >> Muktikam Phukan > > > > >>Krishnendu Chakraborty <krish_gau at yahoo.com> > > wrote: > > >> Unless I am mistaken, ALL media reports blurred > > the > > face of the lady to hide identity. Exposing such > > henious acts are not a Assam/India media phenomenon > > but is done by media all over world. > > > > > > What is the allegation against media --- > > > > 1) That they exposed a crime > > > > 2) That it gave Assam a bad publicity > > > > 3) That the lady (whose identity is not disclosed by > > the photograph) has been insulted > > > > Seeing all the posts in this forum, I suspect it is > > number 2 above. > > > > But then, had media not exposed it, would there been > > such swift action from GOA. The GOA was earlier > trying > > to cover it up as a minor incident. > > The Assam Police already mentiond that they have > > identified the culprits from the media footage. > > > > If someone can prove that what media showed is > > false/fabricated, I am all with him in blaming media > > but this does not seem to be the case here. > > > > Yes, it gave a negative publicity to Assam but that > > was NOT because of Media's fault .... it was because > > of our Government's fault. The incident could have > > been controlled much earlier had the police force > been > > active. > > > > To dilute the situation, there are already comments > by > > some that the Adivasi's were inebriated, or that why > > they should demand such things in Assam. > > All set aside, there cannot be any justification to > > such barbaric act .. period. > > > > BTW, does someone know what happened to Barnali rape > > case ..... a child who was raped and murdered by > some > > Network travel employees? > > > > > > >>Media always exposes such incidents be it Assam or > > Abu Ghraib. I thought it is duty of Media. > > > > > > >> TIMESNOW has not shown any footage of the > stripped > > woman but reported the news with heavy condemnation. > > In fact Arnab >>Goswami has raised a very pertinent > > question - > > > > >> "HAS ANYONE TAKEN THE PERMISSION OF THE LADY > > BEFORE SHOWING HER NAKED PHOTOS ? ARE WE NOT ADDING > > FURTHER INSULT TO THE >>ALREADY INSULTED POOR WOMAN > ?" > > > > > > > > ____________________________________________________________________________________ > Never miss a thing. Make Yahoo your home page. > http://www.yahoo.com/r/hs > > _______________________________________________ > assam mailing list > [email protected] > http://assamnet.org/mailman/listinfo/assam_assamnet.org > -- Nayanjyoti Medhi Advocate Chamber: Satya Bora Lane, Dighalipukhuri East Guwahati-781001, Assam Phone: +91 361 2416960 +91 94350 43007 Email: [EMAIL PROTECTED] _______________________________________________ assam mailing list [email protected] http://assamnet.org/mailman/listinfo/assam_assamnet.org
