Reservation, from the time it was inserted into the Constitution, was not meant as a gift neither was it a charity for any community. It was a method by which the caste-ridden society like ours was to crawl out from beneath the legacy of the oppressive caste system. Whereby under-represented and marginalized groups were to be given opportunities on a quota basis keeping in mind that the same were denied to these groups for all these years in many spheres like employment, education, legislature etc. Those were the basics. How far have we reached? Has reservation brought about changes in the backward community? I am sure it has. But why don't we have more of reports to drive home the point for the pro-reservation lobby? My research on the topic lead me to a report on Impact of Reservation Policy in Higher Education in India by the Tata Institute of Social Sciences (TISS). More such reports are needed, so that we know what good is coming out from affirmative action policies and where it is not needed.
Friday, March 19, 2010
WRB: Lok Kiya Jaye?
Reservation, from the time it was inserted into the Constitution, was not meant as a gift neither was it a charity for any community. It was a method by which the caste-ridden society like ours was to crawl out from beneath the legacy of the oppressive caste system. Whereby under-represented and marginalized groups were to be given opportunities on a quota basis keeping in mind that the same were denied to these groups for all these years in many spheres like employment, education, legislature etc. Those were the basics. How far have we reached? Has reservation brought about changes in the backward community? I am sure it has. But why don't we have more of reports to drive home the point for the pro-reservation lobby? My research on the topic lead me to a report on Impact of Reservation Policy in Higher Education in India by the Tata Institute of Social Sciences (TISS). More such reports are needed, so that we know what good is coming out from affirmative action policies and where it is not needed.
Thursday, November 12, 2009
Maternal Mortality..a story i did in AA
- Understand that every pregnancy faces risk, even if previous ones have been normal.
- A pregnant woman needs to be attended by a skilled health worker.
- Families of pregnant women must have fully worked out plans for delivery.
- A newborn baby’s umbilical cord should be cut and tied and he or she should be kept warm and suckled immediately.
Sunday, August 23, 2009
Right to Rape
Rape has always been considered one of the most detestable acts committed on a woman in all societies. Justice Krishna Iyer in a famous judgment said “When a woman is ravished, what is inflicted is not mere physical injury but the deep sense of some deathless shame… judicial response to Human Rights cannot be blunted by legal bigotry.” This much abhorred topic however got a special mention in International News recently. The Parliament of Afghanistan recently passed a Shia Law (the Shia community in Afghanistan that has its separate Shia Laws) that indirectly decriminalises marital rape giving the power to a husband not to feed her wife, starve her and sustain her if she refuses to copulate with him. It also says that a woman desirous of working can only work at certain institutions that too only with the permission of certain male members in her family.
Sometimes one just sits back at developments like this and hopelessly wonders what kind of senseless insecurity grips people to even begin to think on such lines. What kind of a world do we live in? While in one part of the world we are fighting positive wars, that for liberalism, that for uplifting all kinds of censorship and now also decriminalising homosexuality among consenting adults and in another part of the world we have laws being carved out such as this one. In fact, Muslim clerics are justifying that if a woman has the right to say "no" to her husband’s sexual advances then he also has to right to deny her food and sustenance. As I understand it, Shia population in
This in fact reminds me of Khaled Husseini's A thousand Splendid Suns in which the protagonist tries again and again to run away from the brutalities of her husband but every time someone or the other grabs her only to be mercilessly beaten up by her husband for venturing out without his consent. Such laws, such fundamentalist attitude and such Talibanisation is nothing but a way to make sure that women don't even think of the rights enjoyed by people all across the world. One feels so helpless listening to stories like these. What freedom, what world, what beauty, what brains do we talk about? I may be getting too caught up here but I sincerely hope that International Organisations would create a major stir and pressure the Afghan Government enough to scrap such an abhorrent law.
But this is not where the discussion ends. For we can't just look at one sect and their laws in isolation while living under a delusion of security in our own land. Rape laws in countries like
Though we do boast of the Domestic Violence Act 2005 but even that calls for a through scrutiny and amendments as it makes marital rape a part of domestic violence, thereby considerably reducing the punishment from what one gets for committing rape otherwise. There is no clear law that makes marital rape a crime equivalent to a non-marital rape. Moreover, there are such lacunas in our legal system that on one hand penalises any sexual intercourse with a girl aged below 16 years (consent is immaterial because a minor's consent is no consent in the eyes of the law) as rape and on the other hand marital intercourse with one's wife above 15 years is completely legal (see S. 375 IPC below) which basically implies that sexual intercourse with an unmarried girl of 16 years is rape, while that with a married 15 year old is clearly exempted from the Section dealing with rape. It is interesting piece of information that
Continuing on the same lines, it is interesting to note that a man can claim divorce on the basis of his wife not consenting to have sexual relations with him (i.e. if she refuses to give him 'access' to her body) but if a wife wants to speak up against a rape committed on her by her husband, the law nowhere is clearly holds it as rape! There is, it seems, nothing that stops a man from expressing his claim to sexual gratification as a matter of right over his wife in a marital relationship. It is thus imperative that we sensitise the younger as well as the present generations about individual rights and how to respect these rights. A rape is a rape, period. And whether it is
Thursday, July 9, 2009
Writ Petition
IN THE HIGH COURT OF DELHI AT NEW DELHI
CM NO. --- OF 2009
IN
WRIT PETITION (CIVIL) NO. 5410 OF 1997
(PUBLIC INTEREST LITIGATION)
IN THE MATTER OF
All India Lawyer’s Union (Delhi Unit) ………..Petitioner
Versus
Government of NCT of Delhi and anr. ……..Respondents
APPLICATION ON BEHALF OF THE PETITIONER UNDER SEC.151 CPC FOR DIRECTIONS TO THE APOLLO HOSPITAL TO PROVIDE FREE TREATMENT TO THE PATIENT SHRI SURESH RATHORE
RESPECTFULLY SHOWETH-
- The petitioner by the above Public Interest Litigation has highlighted the fact that though the respondent-hospital has commenced its functioning since July 1996 and is obliged in terms of the lease deed to provide completely free treatment to the poor patients to the extent of 33% IPD and 40% OPD of the total occupied beds and of total OPD patients respectively but it has utterly failed to do so. It is submitted that an area of 15 acres of land on Delhi-Mathura Road, Jasola Village, Sarita Vihar, New Delhi was leased out at the rate or Rs. 1/- per month to Indraprastha Medical Corporation Ltd. Apart from 14.83 crores plus interest, a further sum of Rs. 23.83 crores was paid by way of equity capital by the Govt of NCT of Delhi to the respondent-hospital. Thus, a total sum of Rs. 38.66 crores (plus interest on Rs. 14.83 crores) along with 15 acres of prime land on the Delhi-Mathura road was leased out at the rate of Rs.1/- per month to the joint venture constituted by the Delhi government and the Hospital. The petitioner has sought directions against the Apollo Hospital to comply with the provisions in the lease deed and ensure free treatment to poor patients.
- The petitioner by present application seeks to bring to the notice of this Hon’ble court a case of poor patient, namely, Shri Suresh Rathore who needs further treatment from the Apollo Hospital with regard to his medical ailment of calculi (stones) and hydronephrosis in his right kidney and has no money to pay on any account like medicines, consumables, testing and subsequent follow-up, whereas the hospital is asking him to pay nearly Rs. 18000/-. It is submitted that the said patient has already written a request letter dated 03.07-2009 in this regard to the Hon’ble Chief Justice of this Hon’ble High Court with a copy to Shri Ashok Agarwal, advocate for the petitioner.
True copies of the said letter dated 03.07.2009 along with medical papers are enclosed herewith and marked as Annexure A collectively.
- The petitioner submits that the patient, namely, Suresh Rathore, resident of Meethapur Ext, Badarpur, New-Delhi 110044, has approached the petitioner personally as well as in writing stating that he was admitted at the government ward in the Apollo Hospital on 31.10.2006 after having diagnosed with right upper ureteric calculus 15mm with HDM (N) functioning kidney and gross hydronephrosis. Thereafter, Laproscopy operation was conducted at the hospital on him on 01.11.2006 and he was given discharge on 03.11.2006. The patient was again admitted at Apollo Hospital on 10.10.2007 in which DJ Stent removal took place. After the said treatments, which cost the patient approximately Rs 25,000/- towards medicines, consumables and testing, the patient was told that his ailment no longer exists and he was discharged. The findings in his Discharge Summary dated 10.10.2007 clearly stated “stone fragments removed”.
- The petitioner submits that in 2008, the said patient again felt pain in his abdomen for which he approached G.B. Pant Hospital, Delhi, where his X-Ray report showed the presence of right upper ureteric and mid & lower part of right kidney calculus and Grade III Hydronephrosis of right kidney indicating that the ailment, for which the poor patient had spent Rs. 25,000/- while undergoing earlier treatment at the Apollo Hospital, was still present in his kidney.
- The patient rushed back to the Apollo Hospital and was told that another operation would have to be conducted on him which would cost him approximately Rs. 18,000/-. The petitioner would like to highlight here that this is in contradiction to the findings of the Hospital in 2007 that the stone fragments had been removed, which shows that the Hospital had erred in its treatment, for which the patient is made to suffer, not only physical but also extreme mental agony.
- The petitioner submits that the ultrasound report dated 01.08.09 also confirms that the right kidney of the patient has multiple calculi (5 to 6 in number) with the largest being 9.1 mm in size and the rest between 4.0 to 6.0 mm. It further shows that the right kidney of the patient also has Grade I Hydronephrosis. The petitioner would like to highlight here that during the very first diagnosis of the patient it was revealed that there was only one calculus (stone) right upper ureteric calculus, 15mm in size along with gross Hydronephrosis. This shows that the Hospital erred in arriving at the conclusion that the treatment was complete, while in reality the calculus had only been broken down into various pieces.
- The petitioner submits that the patient is not at all in a position to bear any further expenses on any account for payment to the Apollo Hospital towards medicines, consumables, testing etc. It is submitted that the patient is in dire need of immediate medical attention at Apollo Hospital to get rid of his ailment. However, the Apollo Hospital has told him to arrange for a sum of RS. 18000/- for the treatment.
- In the premise aforesaid, the petitioner most humbly prays that this Hon’ble Court may be pleased to:-
- issue any appropriate direction to the Apollo Hospital to forthwith provide to the patient Shri Suresh Rathore necessary medical treatment free of cost without insisting on any payment on any account including that of medicines, consumables, testing etc;
- issue any appropriate direction to Apollo Hospital for conducting free check-up of the patient after the said operation so as to ensure that the patient’s ailment does not recur; and
- pass any further order or direction as may deem fit and proper in the facts and circumstances of the present case.
New Delhi
Dated: 04.07.2009 (Advocates......)
Tuesday, June 9, 2009
Oztralia: lesson to be learnt
Monday, May 25, 2009
Bail for Dr. Binayak
Having remained eclipsed from news for the whole day yesterday, today's newspaper brought definite cheers. Dr. Binayak Sen has finally been granted bail by the Supreme Court after a period of 2 years during which hoards of protest marches, petitions, discussions and innumerable newspaper articles demanding his bail did the rounds in the country. While many are not aware of who Dr. Binayak Sen is, but among the civil society groups his had become a name that spelled berating yet slowly spiralling anger towards the Chhattisgarh Government.
For the uninitiated, Dr. Binayak Sen, a paediatrician by profession and a civil rights activist in Naxalism stricken Chhattisgarh, was put to jail on May 14, 2007 on the charges of passing messages on behalf of a jailed Naxalist leader. He was arrested under the Chhattisgarh Public Security Act 2005 and Unlawful Activities (Prevention) Act 1967 after which he had been denied bail on every occasion.
It is further noteworthy that on March 31 the same year, several Adivasis were killed in Santoshpur, Chhattisgarh by police officers who alleged them to be Maoists. Dr Sen had been one of the most prominent faces condemning the attacks and who tried to draw attention towards the ghastly crime that had been committed in the name of duty. The autopsy report of the brutal 'encounter' showed that the dead had been hit on the head with bullets from a point blank range and there were also scars of axe injuries on their bodies. It was exactly a week after the autopsy report had come out that his arrest was made.
I don't propose to claim that I know any more that what daily newspapers feed me about him, but the case was such that any conscious citizen would feel aggravated by the lack of common sense and total arbitrariness with which he was kept in jail for a bailable offence, even though there was no material evidence. It is common knowledge for those who are familiar with even slightest of legal knowledge that bail is a matter of right. This right was not given to a man who is national Vice-President of the People's Union for Civil Liberties (PUCL).
The seriousness of the matter and the levels the agitation for his release can be judged by the facts that sometime back 22 Nobel laureates from around the world had sent a written petition to the Government of India for Dr Sen’s release. Outstanding opinion leaders like Noam Chomsky and Amritya Sen besides those from the upper echelons of the media have all pushed for his cause. Innumerable campaigns in my own University where young students carrying placards and banners with messages like "Free Dr. Sen", "Grant Bail to Dr. Binayak Sen', took out protest marches and dharnas right from Art Faculty to all around the campus and back again for so many months. No major columnist or news magazine stopped short of voicing the injustice that was being perpetrated in the name of tackling Naxalism, Tehelka ran an entire issue on the same and every now and then the editorials would demand bail for Dr. Sen. But ofcourse the campaign didn't create as much of a furore among the masses the way the Jessica Lal issue or Aarushi case did, but it is definitely a victory for those fighting for civil rights in the country. And also a triumph for activism for one’s cause in the country.
Sunday, May 24, 2009
UPA Returns
Results of the 15th Lok Sabha Elections have been out since seven or eight days now and the political magic/mania has not subsided at all. All the editorials or columns of the past month or so in one way or the other mention the elections or the people's mandate in an almost identical manner. There are certain details and observations which one would find in almost all such articles. First being the stability factor, the standard phrase being -- “the verdict of the people has shown that they want a stable government.” Second undoubtedly being the magnanimous integrity that the PM holds in the eyes of the nation, whose "commitment to the nation and honesty is above reproach or question". The third is definitely the Rahul Gandhi factor and how is a not your run-off-the-mill politician and how his subtle yet patient work has reaped results that no one had quite predicted.
I am most interested in the Rahul factor. His suave mannerisms have caught the fancy of the urban as well as the rural voter. Not your stereotype politician, he is ready to wait for his turn to come and till then committed towards focussing on workings of the youth brigade of his party.
Isn’t it quite remarkable how the three people at the helm of affairs of our nation have all been once considered naïve and reluctant politicians? Sonia Gandhi, when she first entered politics was rebuked for her accented Hindi, which she now fluently speaks at public gatherings; otherwise also her naiveté was jeered at mercilessly before and little after the UPA victory of 2004. The PM, we all know is for a fact an Economist, a former RBI Governor and someone who would rather be doing the works than merely be seen bringing down the opposition with his eloquent speeches. And then we have Rahul Gandhi, about whom enough has been said and written this past week or so.
For now, lets be happy that UPA was given an extended opportunity.