Solicitor General Tushar Mehta told the Supreme Court on Thursday that "anybody with a mobile can be a journalist in this era of technology," raising concerns about how journalists could be separated from content producers reporting protests. The Supreme Court signaled that it might establish a committee to look into the claims, calling the situation serious.
Mehta's comments were made during a hearing on a petition that senior advocate Indira Jaising filed to protect female journalists who were allegedly assaulted and sexually harassed by Delhi Police officers while reporting on demonstrations against Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision (SIR) exercise in Jantar Mantar.
"A number of people have microphones. They claim that we record and upload the footage in a reel. In response to Jaising's arguments, Mehta addressed a bench presided over by Chief Justice of India Surya Kant, saying, "We don't know who is a reel-maker, who is an independent journalist."
However, Mehta stated that the idea that no woman—including female police officers—should be mistreated or subjected to indecency should not be disputed.
The Supreme Court said it will think about setting up a commission to look into claims that police have harassed and assaulted female journalists. CJI Kant stated that the accusations were grave and recommended that retired IPS officers and previous female judges make up the majority of the proposed panel.
He added that the court was considering whether certain accusations against police officers should be looked at by an impartial organization.
Jaising promised to deliver two reports in sealed covers, one identifying retired female judges and police officials who might be considered for the committee and the other detailing the names of the women journalists who were reportedly harassed. She emphasized that the issue needed to be handled delicately and that women covering protests needed to be protected.
The Chief Justice noted that the exercise of freedom of expression raised concerns about how various categories of media practitioners should be identified and protected during the bench's discussion of the differences between accredited journalists, independent reporters, and social media influencers.
The accusations concern female journalists who covered anti-CEC demonstrations in Delhi, such as the protest on October 3. Jaising filed a more comprehensive petition that covered events on October 10 and 11 that were connected to opposition to the SIR of electoral records.
A WOMAN JOURNALIST'S FIR
Assistant Commissioner of Police Vivek Bhagat filed a formal complaint under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against a female journalist, for whom Jaising requested protection. While covering a rally on October 3, the journalist accused Bhagat of unwanted physical contact and sexual harassment.
Bhagat then filed a counter-complaint, claiming humiliation and insults based on caste. According to sources, the FIR also included the names of two other journalists who had accused him. Investigations into the claims and counter-allegations are still ongoing.
Delhi Police were instructed by CJI Kant not to detain the female journalist. The court was reassured by Solicitor General Mehta that she would not be detained if she participated in the probe.
