Mukesh Chandrakar murder: It’s time fearless reportage got shielded by stringent laws

Beyond the light and sound of India’s TV razzmatazz and breathless anchors lies a black hole, a void where small town independent journalists, YouTubers and bloggers are reporting news that remains outside the radar of the mainline media. Such outliers are now under threat.

The brutal murder of Chhattisgarh journalist Mukesh Chandrakar this month highlights this crucial asymmetry. The independent reporter’s body was found in a septic tank in a compound of a contractor he had implicated in a story about corruption. Police have arrested the contractor and two others in connection with the 33-year-old's murder.

Consider this. Nearly half of the 28 journalists killed in India in the last one decade, including media directors, investigative reporters and correspondents, were working on stories linked to the environment, according to the Reporters without Borders.

Also read: What we know about Mukesh Chandrakar, and his channel Bastar Junction

Threat to press freedom, journalists

That the Indian media is under attack from political parties, powerful businessmen, contractors and the mafia is to understate a point. That it is ranked 159 out of 180 countries in the 2024 edition of the press freedom index too is superfluous – it is difficult to believe that India is below Ukraine, Malawi, Sierra Leone, Congo, Botswana and Niger on this list. That this ranking has gone up two notches, from 161 in 2023, is a moot point.

But for a country that claims to be among the most vibrant democracies, the laws protecting journalists against big time crime and politics are either non-existent or exist only on paper. Which is why recent reports of plummeting press freedom and increased violence against journalists have set alarm bells ringing.

On the firing line

Journalists, particularly those living in the hinterland – who lack the access and patronage of a big city – face a variety of dangers ranging from harassment and malicious police complaints to physical violence and murder. This acts as a hindrance for media personnel trying to do their job. In the long run, it has the potential to erode the strength of a country’s democracy.

Says N Bhaskara Rao, chairman of the Centre for Media Studies (CMS) in New Delhi: “The country is living under threats. Political parties are threatening political parties; individual candidates are threatening other candidates and states are threatening other states. Under the circumstances, the media becomes the scapegoat. Once you have tamed the media, everything else falls into place.”

What laws protect journalists?

Given the circumstances, it would be interesting to look at the legal provisions enacted by the central and state governments which offer protection to journalists.

The Maharashtra Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Act, 2017 was created to prevent violence against media persons and the destruction of their property as well as the property of media institutions. Maharashtra became the first state to pass legislation for the protection of journalists.

‘Attack on journos non-bailable offence’

Section 2 of the Act includes newspapers, news channels, news stations and news-based electronic media establishments in its definition of media institutions and its definition of ‘media person’ includes journalists employed on a regular and contract basis.

Also read: Mukesh Chandrakar murder: Murdered journalist's heart was ripped out, says autopsy

The Act makes violence towards media persons a cognizable and non-bailable offence. Offenders are punishable with imprisonment up to three years or a fine of up to Rs 50,000. The Act makes any false complaints by journalists punishable with imprisonment for up to three years or a fine of up to Rs 50,000 as well as a loss of accreditation and government benefits.

Poor implementation

Passed by the Maharashtra Assembly in 2017, the Act received the President’s assent in 2019 following a detailed scrutiny by several concerned ministries.

In a blog, Divya Mohanty, a law student, notes: “Despite its promising and much-needed mission, its implementation has been found lacking. Journalists on the ground have raised concerns about the lack of convictions and the limited number of cases registered under the Act as well as the lack of awareness by police officials and an insufficient mechanism for implementation.”

Provisions of Chhattisgarh law

Chhattisgarh became the second state to pass legislation for the protection of journalists in 2023 with the Chhattisgarh Protection of Media Persons Act. The Act offers a broader definition of journalism compared to Maharashtra.

For instance, it includes freelance journalists in its ambit of ‘media person’ and extends protection to 'news gatherers’, thereby broadening the scope of protection.

The Act also provides for the maintenance of a register of journalists where they shall formally list as per the requirements of the Act. This register is to be maintained by a Committee for Protection of Media Persons consisting of members that include an eclectic mix of government-appointees and experienced media persons.

Watch | Who is Mukesh Chandrakar, journalist allegedly killed for exposing corruption?

Questionable clauses

This panel has the power to provide protection to journalists from harassment, violence and intimidation. It has the powers of a civil court to carry out an inquiry or proceedings. Offences under the Act include neglect of duties by a public servant, harassment and intimidation by private individuals and companies.

However, it was passed after making several changes to the draft bill of 2020, raising media concerns. The fact that the Act had provisions that could lead to the arrest of journalists for peddling fake news, overrepresentation of government officials and the removal of a clear sentence for a public servant who neglects his duty, were key concerns.

Why Chhattisgarh’s law failed Chandrakar

Considering the highlights of this legislation, the killing of Chandrakar is ironic. His murder has sparked discussions about the challenges faced by independent reporters, often working as stringers or freelancers, in states like Chhattisgarh, where employment opportunities are few and the balance of power is constantly shifting between the State, insurgent groups and powerful mining corporations.

At present, there are two significant bills directed at addressing this subject. One is at the state level (Goa) and the other at the national level. Neither has been passed thus far.

Key bills in the pipeline

The Journalist (Prevention of Violence and Damage or Loss to the Property) Bill, 2022 was introduced in the Lok Sabha with the object of addressing growing attacks on journalists and protecting them from violence and destruction of their properties. The Bill makes violence against journalists non-bailable, cognisable and punishable with a minimum imprisonment of one year, which may extend to three years along with a fine.

Also read: Chhattisgarh journalist murder: Main accused Suresh Chandrakar arrested

It is close to the Maharashtra model and could be very handy in extending protection to journalists across the country – if implemented.

The Goa Media Persons and Media Institutions (Prevention of Violence and Damage or Loss to Property) Bill, 2022 was introduced in the Goa Assembly. Its provisions are on the same lines as Maharashtra with mostly identical penalties, with additional liability on the part of the offender to pay compensation for the loss of property and reimburse the media person’s medical expenses.

“There are at present two state-level laws attempting to address this issue, but there is no comprehensive central legislation. There’s a clear need for central legislation, drafted with input from representative bodies of media persons, that is directed at the prevention and redressal of violence directed towards journalists and media persons,” notes Mohanty

Expectations from future laws

Such legislation would need to address threats and harassment faced by journalists, especially online. It would also need to expand the scope of the traditional understanding of media persons to include freelancers and online content creators engaging in journalistic activities – professionals who did not exist a couple of decades ago.

Also read: Press Council makes 4 suggestions to ensure protection for journalists

Such changes would bring to light the various angularities that are needed to offer safeguards to a media industry that is expanding both horizontally and vertically. But given the scale of intimidation, it is a bit difficult to understand why political parties, who pay so much lip service to free press while in the opposition, do so little to uphold those values once in power.