INDIRA JAISING Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is an Advocate and solicitor practising in this High court and the Supreme Court of India. She edits a monthly magazine called "the Lawyers' Collective". She is also the Secretary of an organisation known as "the Lawyers' Collective" which conducts legal literacy campaigns and provides legal aid. The petitioner had been invited to address meetings. She has presented papers and articles at seminars and fought cases challenging discrimination against women.

(2.) IN the last week of Feb. , 1986 the petitioner was invited to give an interview on Television in a programme called "sach Ki Parchaian" to be telecast over the national net-work. The topic which was to be discussed in this programme was "laws relating to Women". The petitioner accepted the invitation. Her interview was recorded in the studios of the Bombay Doordarshan on 1st Mar. 1986. The petitioner was informed at the studio that she could speak on any aspect of laws relating to women. In the interview, the petitioner, apart from dealing with some aspects of laws pertaining to women, also commented on the Mulslim Women's (Protection of Rights on Divorce) bill 1996 which was then pending before Parliament. The bill had given rise to a major controversy in the country. The petitioner commented on the Bill and said that it was unconstitutional and violative of women's right to equality before the law and equal protection of laws. She also said that the Bill would deprive women of their rights as interpreted by the supreme Court in the Shah Bano case. She said that the bill dealt a severe blow to women's right to claim maintenance. Since the petitioner held strong views on the Bill she considered it not only her right but also her duty to express her firmly-held belief that the Bill was unconstitutional and violative of Arts. 14 and 15.

(3.) THE petitioner was interviewed for six minutes. Apart from the petitioner several other persons were also interviewed for this programme. These included the then Chief Justice of India as also Ved marwah, Sheela Barse, Pandita Hasker were also interviewed. All these interviews were collated and edited for the purpose of the programme.