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Friday,
July 4, 2003, Chandigarh, India  
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Own up responsibility Doctors and patients WHAT OTHERS SAY
Promised
land Resolving
the logjam |
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The shame of Gujarat acquittals
Found: an ancient road
BJP — the temple card dilemma
Japanese food healthier than
that of West
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Own up responsibility THE sickening regularity with which train accidents are occurring these days has created a scare among the passengers. Since January this year, there have been as many as 14 accidents, claiming over 170 lives. The latest involving the Golconda Express at Warangal in Andhra Pradesh was, certainly, not a freak accident. Railway Minister Nitish Kumar has blamed the engine driver for overshooting the signal. But reports suggest otherwise — failure of the engine brakes caused the accident. If the latter is the case, it is a reflection on the condition of the rolling stock in the entire railway system. Thus, instead of looking for some excuses or scapegoats, there is need for a serious review of railway safety at the highest level. The Railway Minister must know that he has the responsibility to ensure safe journey and the people must feel that he is discharging it. There is an immediate need for him to bring out a White Paper on train accidents in the monsoon session of Parliament. The one released in February during the Railway Budget does not help in dealing with accidents and passenger safety. The new White Paper should examine, among other things, the state of railway infrastructure, including the condition of the engines, the coaches, the signalling system, the railworthiness of the track, the bridges and, above all, the state of safety preparedness at various levels to prevent accidents. The people are entitled to know what the authorities have been doing to make their travel safe. In the West, several ultra-modern devices are in use for bringing fast trains to a grinding halt. What prevents the Indian Railways from acquiring such technology to prevent accidents? In fact, most of the accidents could have been averted had such a system been in place. The Konkan Railway had experimented with an anti-collision device but it is yet to be implemented. Moreover, crisis management is haphazard. Things go haywire during crucial moments. Ordering inquiries after deaths have taken place along the rail tracks has become a routine. The Golconda Express accident is bound to reinforce the demands for fixing blame for rail accidents. Over 13.6 million passengers use Indian Railways every day. They need to be assured that they will reach the destination and without their families having to pray for their lives. |
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Doctors and patients IN select towns of Punjab the ‘Doctors’ Day’ was observed earlier this week as a ‘black day’ on the call given by the Indian Medical Association’s Punjab unit. It is unfortunate that they have been driven to this situation. That the protest was confined to a few places need not undermine the significance of the issues raised. The agitating doctors complained of harassment by the police every time negligence was alleged as the cause of death of a patient in the hospital by the latter’s relatives. The doctors opposed the application of Section 304 of the IPC in such cases. They do have a point when they suggest that a committee of medical experts should examine the circumstances leading to a patient’s death and the nature of treatment given whenever a doctor is charged with negligence. Obviously, the police is not equipped to do this kind of investigation. A doctor should be proceeded against, they argue, only if he or she is found guilty by an expert committee. But there is also the other side of the case. Doctors, like other professionals, often try to protect a guilty member of their fraternity. Suspicion of undue favour to the accused lurks in the public mind. The reason for such suspicion is the poor track record of conviction in cases where doctors are involved. A doctor often goes scot-free even when a medical instrument is left in a patient’s body. The need, therefore, is to evolve a fool-proof mechanism of inquiry which commands the confidence of both the medical community and the public. Patients’ relatives, bereaved by the death of their loved ones, often tend to act in haste and anger and lay the blame at the door of the doctor. This exposes the doctor, who might have done the best possible within the system to save the patient, to unnecessary police harassment besides loss of reputation. Needless to say, the reputation of a doctor or, for that matter, any professional is shredded the moment the media carries reports based on mere allegations. While the
guilty deserve no mercy, the innocent too should be adequately protected. And that calls for a special set-up of experts to handle such cases. Consumer courts can award stricter
penalties to discourage flippant or motivated cases. The traditional doctor-patient relationship has been bruised by unethical practices increasingly resorted to by members of the medical profession. They alone can save it by exposing the black sheep among them. While medical treatment is becoming very expensive, hard-pressed patients have the right to have the best possible medicare. Nothing, however, should be done by either doctors or patients which may undermine the mutual trust and concern that should always guide their relationship. |
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WHAT OTHERS SAY
Promised land FROM the Cape Cod National Seashore and the Boston Harbor islands to Mohawk Lake beach in North Adams, Massachusetts has benefited from the federal Land and Water Conservation Fund. The fund, which gets its revenues from offshore oil drilling fees, supports the acquisition of choice open land and helps state and local governments create or improve parks and recreation areas. Especially at a time when study after study points to Americans' need for active recreation, Congress should make sure the fund's appropriations meet that goal. Unfortunately, the proposed House appropriation falls far short. In the current fiscal year, the fund — and a related program aimed specifically at protecting forests called Forest Legacy — received $478 million. For the coming year the House proposes to spend just $247.5 million, a 48 percent cut from this year's level, which itself was down from 2002. This is in spite of backlogged requests from federal agencies, states, and local governments that total $800 million.
— The Boston Globe Resolving the logjam AMERICANS are clunking along in a slow-growing economy, with many obligations, both personal and matters of public policy, to fulfil. Solving the problems that restrain growth is essential. One of the problems that bedevils the American economy is the economically suicidal clot of asbestos litigation that clogs the court system. Asbestos seemed like a good idea at the time. It is a wonderful insulator, and was widely used. It was not immediately recognized that some forms of asbestos cause health problems. As the Daily Mail's Karin Fischer reported this week, the resultant reckoning with those illnesses has tied the American manufacturing community in knots. There are 67 companies in bankruptcy as a result of asbestos litigation. More than $70 billion in claims has already been paid out, and the end is not in sight. Furthermore, justice for injured workers has remained elusive. Only about a third of that $70 billion has gone to workers suffering from mesothelioma, a fatal lung cancer linked to asbestos. About 700,000 people have filed for damages so far. Many of those claims have not been resolved. Victims need compensation. Businesses need to know what obligations they face so they can figure out whether they can survive as productive organisms or not. — Charleston Daily Mail
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The shame of Gujarat acquittals THE embarrassing acquittal of all the accused in the Best Bakery case (in Vadodara), in which a violent mob in pursuance of a call given by the VHP and the Bajrang Dal, had set fire to the bakery, has again highlighted the sardonic and unsympathetic comment that we have only courts of law and not courts of justice. Though a layman’s reaction is understandable, it would really be unfair to hold courts as the sole villain. The trial judge, while acquitting the accused, has nevertheless found that it was beyond doubt that a violent mob had killed 14 people and resorted to arson as well as loot. It also commented that this massacre was a blot on the face of the cultural city of Vadodara. The court commented acidly that investigation had been shoddy and statements fabricated by the police to help the accused. The prosecutor was believed to be closely associated with the BJP government and even challenged the assertion of the doctors that the injured were in a position to make a statement. The apparent reason for acquittal was that one of the key witnesses, Ms Zamira Sheikh, whose close relations were among the victims, refused to support the prosecution. That she was accompanied by a BJP MLA to the court was a scene straight out of Bollywood movie, showing a hit-man of the mafia accompanying the witness as a reminder of the danger if the witness does not support the accused. It would be unrealistic to ignore the ground reality in which witnesses were being asked to depose. Considering that Mr Narendra Modi was the Chief Minister at the time of carnage and is now in the same position, it would be natural for the minorities (from whom only the eye-witnesses were to depose) to feel that testifying against the accused, who are from the party of the present Chief Minister will earn them ill-will and hostility of the administration. No doubt, this acquittal has caused shame to our judicial system. But it will be unfair to put the blame on the judicial system as such. The judiciary is not the court and the prosecution agency rolled into one. The court can only evaluate the evidence produced before it. It can certainly call for further evidence, but it has to be assisted by a prosecution and investigating agency which have done honest work and have fairly presented full material. I am of the view that investigation in the Gujarat cases should have been carried out by the CBI. I understand that though the National Human Rights Commission (NHRC) had asked the state government to entrust this case to the CBI, the state government not only refused but also challenged the jurisdiction of the NHRC in the Supreme Court. In an earlier case from another state the Supreme Court had already found that even if the state government refused to entrust the case to the CBI, the court could so direct. Inexplicably, the case filed by the Gujarat government is still pending in the Supreme Court, but, surprisingly, the investigation was continued by the state police, thus nullifying the suggestion of the NHRC. There has been criticism by the NGOs that the prosecutor was favouring the accused. In such delicate cases, not only that the cases should have been tried outside Gujarat but even an independent prosecutor should have been appointed. It is a common practice in the US to entrust any case to independent prosecutors when accusations involve persons close to the administration. These safeguards should be applied to all the other cases of murder and loot which occurred during that period and in which trials are still to take place. Otherwise, the shame of acquittal in this case will continue to haunt us. Nevertheless, a redeeming feature is that the key witnesses had previously also made statements before the NHRC and the Commission of Concerned Citizens (consisting of retired High Court and Supreme Court judges) clearly indicating the accused. Those statements were deliberately withheld from being produced before the court by the state government. Though this public shame to the nation and demoralisation of the minorities have naturally been the inevitable consequences of the acquittal, the matter can still be considerably retrieved and the accused brought to book by an appeal to the High Court. I would not place much credibility even if an appeal is filed by the Gujarat government. Of course, if the relations of the Best Bakery owner, including Zamira or her sister or brother, could be persuaded to file an appeal, it would be the best alternative. But in case they are still too fearful to pursue the case I feel that the human rights organisation which did commendable efforts in collecting the relevant material should, if it so applies, be permitted by the High Court to file an appeal in the interest of justice and fair play. In that case, the witnesses could be confronted with their previous statements made before NGO (which are admissible in law), and the High Court could reasonably be persuaded to order a retrial of the case by bringing on record the earlier statements of witnesses made before unimpeachable sources. It may be mentioned that though earlier in the police statements these very witnesses had indicated the accused, but since they went back on those statements and made contradictory statements in the court, in law the court could not have relied on the police statements as they were not admissible. But there is no such bar in law on the statements which were made before the NHRC or the commission of citizens. Thus, the court could, keeping in view the ground reality and the fact of coercion and almost terror being practised on the witnesses, well justifiably hold that their statements made in the court under undue influence should be ignored and their earlier statements before impartial bodies be preferred. It can thus pass an order of conviction. (It would be helpful if the NHRC were also to file an appeal in the Gujarat High Court.) By this process even now the acquittal, which continues to pain the citizens of India and cause consternation to the minorities, especially of Gujarat, may go and justice may be done. Thus, the tragedy of collusion of the then Congress government in the 1984 Sikh carnage cases of Delhi should not be allowed to be repeated by the other main party, the BJP, in the murder and looting of Muslims in Vadodara. The Constitution would become a laughing stock if these acquittals continue to stand in the history of the law courts. —
The writer is a former Chief Justice of the Delhi High Court. |
Found: an ancient road THE
archaeologist looked ecstatic as he addressed press reporters. “Friends,” he said, “I am proud to announce a momentous discovery made by my team. We have excavated fairly well-preserved ruins of an ancient road right below a city colony”. Normally, hard-boiled journalists are not enthused by non-political stories but this was too big a find to be taken lightly. Many of them were on their feet with questions. “How old is this road?” one of them shouted above the din. “It is difficult to pinpoint the exact date because of the great antiquity, but on the basis of carbon dating we estimate that it belongs to early 1980s. Considering that the ruins are more than 20 years old, it is really a marvel that they are so well preserved.” “But how did the road get buried? Was it some earthquake?” “No. From the available evidence it appears that the road fell into disuse because no repair was carried out for several years and it became risky to frequent it. Later, some portions of it were encroached upon. A feeble attempt was made to evict the encroachers but they got a stay. The road was gradually abandoned. With the passage of time, the few shanties grew into a full-fledged slum and the road got buried under it. The illegal colony was later regularised.” “And how did you happen to choose this particular site for digging?” asked an investigative reporter. “To be frank, it was a chance discovery. You see, one of my colleagues had rented a ground-floor flat in the colony. One night the floor caved in and he fell into the resultant hole. His family rang up the fire brigade to extricate him but they expressed their inability to come till the next day because their tankers were busy supplying drinking water at a VVIP’s house that night. So, the injured colleague was forced to spend several hours in the hole before neighbours rescued him. Being a trained professional, he explored the surface at the bottom and when we carried out excavations there on his recommendation, we found the missing road.” “What do the ruins tell you about the 80s’ era?” asked another journalist. “Well, we learn that the art of road building was very advanced in those olden times. This metalled road in particular was a masterpiece of civil engineering. We found gravel and sand all right but hardly any trace of coaltar or other binding agents”. “That is amazing. Any information about the builder?” “Well, although we have not been able to identify the contractor who built the road but we have managed to zero in on the leader who not only inaugurated it but was also instrumental in regularising the colony built over it.” “I hope the authorities are going to deal with him suitably.” “Indeed. In fact, the process has already been set in motion with the ruling party passing a resolution that the construction of the colony was a great conservation effort because it saved the road from the vagaries of the weather. It is another matter that the road never got to be used after that. The only hitch is that the honourable politician happens to be underground at the moment following serious corruption charges against him. As soon as he is exonerated — which he surely will be — his contribution to the enrichment and preservation of the country’s glorious past will be suitably recognised.” |
BJP — the temple card dilemma IT is election time. One knows for sure that the ruling National Democratic Alliance (NDA) combine, particularly the Bharatiya Janata Party, is frantically looking for a formula to win the next Lok Sabha election in 2004. The Kanchi Shanakracharya Jayendra Saraswati’s latest initiative on the Ramjanmabhoomi issue appears to be one such proposal, which in Prime Minister Atal Bihari Vajpayee’s political perception may prove a panacea. The broad contours of the formula sent to the All India Muslim Personal Law Board (AIMPLB) by Kanchi’s seer suggests that the disputed site be left to the courts to decide with construction of a Ram temple beginning on the acquired land. Muslims could build a mosque at a yet-to-be-determined site. And the Hindus’ claim on Kashi and Mathura could be given up, if required. The formula, though not made public as yet, has found a positive echo within the minority community and raised alarms in certain circles as it threatens to affect the ongoing prosperous vocation of many. The BJP, which has grown in recent years, is no more a monolith structure with many prominent leaders differing on the approach to the solution of the vexed problem. The control of the RSS over the BJP has slackened. Moreover, the responsibility of position and lure of remaining in power has put serious constraints on the ruling combine as it seeks to find a solution to the protracted problem that has haunted the country’s politics since February 1, 1986 when the Faizabad district court had ordered the removal of the locks. After the demolition of the disputed structure of Babri masjid on December 6, 1992, the Ramjanmabhoomi movement is confronting the BJP again as on the one hand the VHP, backed by the RSS is becoming desperate and on the other the ruling party at the Centre needs the support of non-Hindu communities for its electoral success. While the BJP has not taken a stand officially on the Kanchi Seer’s proposal, internally the party has differing views on the issue. But these differences are not being allowed to come into open as those opposing it know fully well that the effort has the support of the Prime Minister and a different stand on the issue may cost them heavily. the fate of former General Secretary K N Govindacharya and former party President K. Jana Krishnamurthi is a lesson that they can ill afford to ignore. BJP spokespersons and leaders have been instructed to maintain cool even in the face of bitter criticism and provocation of the VHP leaders like Ashok Singhal and Pravin Togadia . At a high level meeting between the BJP and RSS leaders held in New Delhi (May 1-3), it was agreed that the Sangh parivar constituents would not react to the criticism publicly. The BJP is sticking to its promise but the VHP leaders are continuing to attack Vajpayee and others. While the latest initiative by the Kanchi Shankaracharya for the resolution of the contentious issue has sharply divided the RSS extended family with various influential leaders of the VHP, the Bajrang Dal and the BJP trying to use the issue for building up their image or to settle their scores, this may purely be a shadow boxing for retaining their respective constituencies. Though the Vajpayee government along with a section of the BJP has been very keen to find an amicable solution so that the party could use this to promote its electoral interests in the next Lok Sabha election. However, for that the VHP’s cooperative frame of mind was crucial. For tactical reasons the government, which had only backed the Kanchi seer unofficially, was not in a position to take the VHP into its confidence. This resulted in a strident response as the larger than life egos of the VHP leaders had been bruised severely. The VHP leaders, who have been mere agitators and never been in a position of responsibility abhor compromise. Fed on rhetoric and living in a make-believe world, the Sangh Parivar members of the VHP rejected the Shankaracharya’s formula and questioned the credibility of the Kanchi seer. Not only this, the VHP also ensured that its camp follower sadhus in Ayodhya also issued a statement opposing the Kanchi seer’s initiative. While the Vajpayee government has been talking of a solution to the Ayodhya issue either by a court decision or through negotiations between the parties concerned, the hard core elements within the BJP have never been able to accept a fact that the place which is believed to be the birthplace of Lord Ram could ever be handed over to Muslims. But then because of political compulsions and ideological demands, the BJP had decided to take up the issue in the late 80s and began to agitate with an argument that the birthplace was non-negotiable as it was a matter of “faith”. The VHP leaders rushed to the RSS leadership with a complaint that the Vajpayee government was out to marginalise them rather make them redundant. The parent organisation reacted immediately and extended full support. The RSS said that the question of making any compromise did not arise. Even before the final word was spoken over the Shankaracharya’s proposal and the reaction of the Muslim community was known, the VHP leaders said a blueprint for mass agitation has been approved. Togadia said the issue of the Ram temple, Kashi and Mathura is non-negotiable. VHP working President Ashok Singhal’s call to Deputy Prime Minister L K Advani to take the initiative to get a law passed by Parliament for constructing the Ram temple at Ayodhya was a desperate attempt to drive a wedge within the government. Mr Advani knows fully well that his step in that direction may prove to an act of political harakiri. The VHP is loudly claiming that it will not allow the government to find a solution in the spirit of give and take. It was also not willing to accommodate any other view thus making the position of the BJP led government untenable. In any case the VHP’s credibility is at stake. If the Shankaracharya’s initiative helps in resolving the contentious issue then the VHP’s image will be compromised and if the ongoing efforts fails as evidenced in the past then the VHP will find it impossible to build up a movement like that of 1992. |
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Japanese food healthier than that of West IN the land that invented instant noodles, where ubiquitous 24-hour convenience stores sell everything from sushi to cheesecake, it is increasingly rare to sit down to a leisurely meal made with local ingredients. But the Slow Food movement’s call to restore Japan’s gastronomic tradition is gaining support, and organisers predict more will soon rally to the cause of putting more time and effort into eating — and producing — good food. “We need to work on rebuilding the quality of food, and life,” said Giacomo Mojoli, Vice President of Slow Food International, after arriving in the ancient former capital of Kyoto for Japan’s first nationwide meeting. “Japanese food has such rich history and tradition, so the foundations are there and we just need to make people more aware of this. This country has the potential to be a leader in the Slow Food movement,” he said. Mojoli and some 50 Japanese leaders of the domestic movement gathered at a temple in the outskirts of Kyoto last weekend to contemplate — over simple Buddhist recipes such as vegetables stewed in miso soup and fresh bean curd with soy sauce — how to raise food awareness. The non-profit Slow Food movement began in Italy in 1986 in response to the opening of McDonald’s fast-food restaurants in Rome, and advocates through literature and tasting events an alternative lifestyle in which consumers are more educated about what they eat. Food is a national obsession in Japan, where at least one television channel at any given time is showing someone cooking or eating. The traditional diet, based on fish, rice and vegetables, is regarded as healthier than those of other advanced countries — a perception supported by the fact that Japanese have the world’s highest life expectancy. But eating patterns have become more Westernised, encouraged by the spread of fast-food chains in recent years. The breakdown of the extended family has also resulted in more solitary meals, which are likely to be made — if not simply microwaved — and eaten in haste. Mojoli said one key step was to cultivate younger taste buds. In Italy, the movement hosts various tasting events featuring wine, cheese and other local produce to educate consumers. “Young people need to be educated about taste. They should be able to distinguish high-quality tofu from industrial tofu, just like being able to tell good jazz apart from bad music,” he said. The movement also promotes consumption of home-grown produce, a difficult challenge in Japan, where a scarcity of land and high labour costs mean about 60 per cent of food is imported. —
Reuters |
The people’s heart is Heaven’s will — Chinese proverb Do not scold the wind, nor abuse the rain. — Tai Shang Kan Ying Pien In all the world I have found only two or three saints, and they had all been in prison. I have met only two or three women saints and they had all been great lovers. — Paul Richard, “The Gospel of the Sinners” |
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