Reporters proved to be legal in the court of law-Part III

Hi Guys

I am back with my third part, the third case of Reporters. We remember Kabir Sharma's first walk towards the news desk but, talking about the case, it was an interesting case from legal point of view and then, who can forget Nidhi Rane? And Ananya's first spat with Kabir... But, all said and done, it was again a case which dealt with the most sensitive issue - Sex racket cases which have been been one of the most happening cases of this country, off lately. So here, goes my analysis :-

Minister Pannalal Trivedi's marriage with a young girl : This is the first case which Kabir deals with, after becoming the EIC of KKN, though, the base is formed by publication of news of the illegal marriage of former State Minister Pannalal Trivedi where Kabir specifically points out that second marriage according to Hindu marriage act is considered illegal/ void in legal language. Law was the most important factor in this case since, the girl was above 18 years of age and the minister was forcefully marrying to her. In such circumstances, the marriage is considered to be void/ illegal since, being adult, the girl has the entire right to deny from getting married. According to Hindu Marriage Act 1954, it is clearly mentioned that If a woman has been forced into a marriage, Such marriages are voidable. If the consent of the complaining party has been obtained by force or by fraud relating to the nature of the ceremony performed or to any significant fact or circumstance concerning the opposing party, the marriage can be voided. Considering these conditions, the marriage of Pannalal Trivedi proves to be void which Kabir very efficiently proves in front of the audience.

Sex Racket Case (Nidhi Rane) : In this particular case, Ananya's insistence on hearing the side of Nidhi Rane and her argument with Kabir and her deciding to quit KKN actually reaffirmed the makers' adequate knowledge of law. In law, it is a rule that no mate how grave the crime is, the accused always has the right to file his reply which is called "say" in legal language. Many times, it is read by us that in case of grave crimes concerning the national security, the government provides the defense lawyer to the accused if the accused himself fails to hire an advocate for himself, for e.g.. in the case of Mumbai Bomb Blast Case, the main accused Ajmal Kasab couldn't hire an advocate in his defense, it was Government of Maharashtra who provided him with a defense lawyer, neglecting the protest of all the lawyers and the Bar Council of India and rejecting their plea of not fighting the case for Ajmal Kasab, since, this case could not have been proceeded further without the defense lawyer.

Same thing happens in Nidhi Rane's case, where either due to Ananya's insistence or due to the awareness of the law, Kabir shows the side of Nidhi Rahane thus, fulfilling the legal requirement of the case.

Thanks so much for pointing out the legal aspect of these two cases, Shaily.

As you said, till now, the focus while watching these episodes was only on how smartly Ananya gets the footage or how Mr. Manipulative Sharma tries to spoil it for her, by getting her caught, and his walk with the camera...

Ditto for Nidhi Rane case. Kabir starts an opinion poll to find out how many people think the actress was indeed doing 'dhanda'. He ran a sting operation to catch the culprits..so at one level maybe he didn't need Ananya's recording, but guess, that came as an added bonus. He didn't expect it and was not prepared to give credit to Ananya for getting it. Instead he went off on an offensive trip by telling her off for taking the initiative to get the audio recording.

Till now, I never thought about the legal aspect of these two cases. We do see (ex) ministers marrying girls less than half their age, but I guess the key is - it is fine both are consenting adults. Not to say, media didn't make a breaking news of it, even if they were adults and were willing to marry each other :)

As for Nidhi Rane case, it might have been handled well legally, but I have major issue with the way it was shown in the serial. More so because, it was all done in the name of getting TRPs. But, I guess, that is how the present day media works. Ethics be damned!

Thanks once again and look forward to Part IV.

😊😊😊

Originally posted by: -sharada-

Thanks so much for pointing out the legal aspect of these two cases, Shaily.

As you said, till now, the focus while watching these episodes was only on how smartly Ananya gets the footage or how Mr. Manipulative Sharma tries to spoil it for her, by getting her caught, and his walk with the camera...

Ditto for Nidhi Rane case. Kabir starts an opinion poll to find out how many people think the actress was indeed doing 'dhanda'. He ran a sting operation to catch the culprits..so at one level maybe he didn't need Ananya's recording, but guess, that came as an added bonus. He didn't expect it and was not prepared to give credit to Ananya for getting it. Instead he went off on an offensive trip by telling her off for taking the initiative to get the audio recording.

Till now, I never thought about the legal aspect of these two cases. We do see (ex) ministers marrying girls less than half their age, but I guess the key is - it is fine both are consenting adults. Not to say, media didn't make a breaking news of it, even if they were adults and were willing to marry each other :)

As for Nidhi Rane case, it might have been handled well legally, but I have major issue with the way it was shown in the serial. More so because, it was all done in the name of getting TRPs. But, I guess, that is how the present day media works. Ethics be damned!

Thanks once again and look forward to Part IV.

😊😊😊

Originally posted by: mytinypaintings

The minister marrying the girl forcefully happens all the time. Proving non-consent in court of laws is one heck of a task because most of the times the girls deny any use of force no matter how many videos are shown in public this evidence would be thrown out of the window the minute the girl would appear before the magistrate and give her consent in front of him. KKN would then be facing a defamation charge. Now coming to Nidhi Rhanes case, the poll conducted was entirely unlaw full. It violated the fundamental right of the accused in its entirety. Moreover the other side of the story or the "say" of the accused recorded by Ananya would not stand a chance in the court of law again because it was not recorded in front of a magistrate. it would only be examined in case if Nidhi Rhane would have dies in custody. The initial handling of the case by Kabir was actually in line with the way media conducts social trials these days. Case in point Jasleen kaur the way India times handled it was entirely un lawfull and was quite similar to how Kabir Sharma handled the Nidhi Rhane's case to start with. I doubt the makers of this show have any inkiling of legal intricacies associated with the cases they had handled or they had any intention of showing the legal aspects of such cases . The laws are one thing and their interpretation and enforcement an entirely different ball game. The makers of this show I doubt had done any research on these aspects. They relied heavily on sting operations and the sensationalising abilities of the media which is of course one glaring aspect of media today. I think the makers were showing primarily the weird media today and I do believe that they were somewhat successful in it. Other than that they were a fiction far from reality. Having said that it was a show which dared to explore something different and for that I applaud the team.

Originally posted by: Moner_Radio

shaily di : thanx for sharing.

Originally posted by: asthana.shaily