"CHALLENGES IN DEEPENING THE PUBLIC SPHERE: GENDER DISCRIMINATION AND MEDIA INFLUENCE IN POST-WAR INDIA"

"CHALLENGES IN DEEPENING THE PUBLIC SPHERE: GENDER DISCRIMINATION AND MEDIA INFLUENCE IN POST-WAR INDIA"

In post-war Western nations, the formation of public opinion and the legitimization of state and democracy have been complex processes, shaped by various factors. One influential perspective on the public sphere comes from Jürgen Habermas, who emphasizes the role of an inclusive public realm in shaping public opinion. However, it is essential to recognize that Habermas's idealized model does not fully align with the realities of modern industrialized, social-welfare states with large populations. Habermas's notion of the public sphere is rooted in inclusivity, where public opinion is formed through interactions among members of the public. His liberal model carries normative weight, offering an idealized vision of how a public sphere should operate. Nevertheless, achieving this ideal in contemporary democracies poses challenges due to the intricate interplay of social structures and shifts that have reshaped the public sphere's significance. One critical area where the public sphere's impact is evident is in addressing issues of gender discrimination and sexual harassment, particularly in the workplace. In the Vishakha v. State of Rajasthan case, the Supreme Court of India recognized sexual harassment as a pressing social issue and a form of gender-based violence. The Court emphasized that gender equality encompassed protection against sexual harassment, emphasizing the internationally recognized human right to work with dignity. Despite the Court's proactive stance, legislative measures to prevent workplace sexual harassment took years to materialize in India. This highlights the judicial system's efforts to address gender discrimination but also raises concerns about the slow pace of reform and the prevalence of such issues.

Current scenario 

Moreover, cases like Bilkis Bano's highlight the broader issue of minority rights in India. Her horrific ordeal during the 2002 Gujarat riots underscores the challenges faced by minority communities, particularly Muslims, in India's socio-political landscape. The release of prisoners involved in her case sparked outrage, raising questions about the government's commitment to protecting minority rights. In the context of the Shaheen Bagh protests against the Citizenship Amendment Act (CAA), media played a significant role in shaping public opinion. The movement led by Muslim women was met with skepticism and conspiracy theories in some sections of the media and right-wing political circles. This example illustrates how media can influence public discourse, both positively and negatively, in a deeply divided society. The Hathras rape case further exposed the failures of the state administration in addressing gender-based violence. The case highlighted the intersection of caste dynamics and gender discrimination, showcasing how the government's response can perpetuate injustice.

Conclusion 

In all these instances, the public sphere has deepened, but often in a negative light. Media narratives, government actions, and public attitudes have contributed to a complex web of challenges in addressing gender discrimination, sexual harassment, and minority rights. Women in India continue to face exploitation and violence, often silenced by factors like lack of support, education, and social stigma. To create a more equitable society, it is imperative to address these challenges by fostering an environment where women are respected, valued, and empowered without fear of harassment or violence. This requires concerted efforts from all sectors of society, including the media, government, and the judiciary, to ensure that the public sphere becomes a force for positive change in addressing gender discrimination and minority rights in post-war India.

**Author-Ria Ukey, a student at Maharashtra National Law University, Nagpur.