मंथन

सत्य के पीछे का सच

Mo(u)rning news.

Posted by Sudeep Pandey on August 14, 2008

“In the morning news, they start with ‘good morning’ and then tell you what all is not good about it”.

But we never refrain ourselves from reading newspaper first thing in the morning or watching morning news with breakfast. Today was one such morning when I read about miscarriage of Mrs. Niketa Mehta, the mother who braved to go for a decision to abort her first ever child because the kid might not lead a healthy life because of a congenial disorder. Brave, because it takes a lot of guts to kill someone and more so for a mother when this goes for her child. This fetus was of 25 week, the one who is very much alive by now, whose heart is thumping and can kick from inside making its presence felt. This was really unfortunate (the miscarriage) and I would rather go forward and say, this was God’s response to our honorable high-court who, never looking into humane part of the case went into legal nitty-gritty of some obscure pregnancy-act (which says more than 20 week old fetus cannot be aborted unless it threatens life of mother or child) and decided against her. Now we look at the Gods of earth, the doctors and their take on this. The 3 doctor committee of the hospital she was under treatment, submitted report to honorable high-court which says

“The committee is of the opinion that there are very fair chances that child will be born incapacitated and handicapped to survive.”

And later submitted another report saying there was a typo in first report. Now let’s read the second report:

“The committee is of the opinion that there are very least chances that child will be born incapacitated and handicapped to survive.”

Is this a typo?? The whole meaning changed with the change of this single “typo”!! I cant say anymore about the most honorable profession: the medical profession. I don’t blame the honorable judiciary here. The whole foundation was devised to judge based on facts and not on sentiments. But the fact remains that this pregnancy-act is more than 35 years old (of 1971) and the advancement that medical sciences have done in these years; wasn’t that more suitable to revise the act taking this case as an example of what might else go wrong. There is a Chinese proverb “every problem comes with an opportunity, this is for you to identify and grab it”. I think we just lost one such.

Lets forget doctors and their irresponsible behavior but my only question to the honorable high-court is: if the judiciary is so sensitive towards the feelings of Indian citizen that it can summon shilpa shetty’s and mallika sherawat’s because some person has filed some case somewhere about some picture published in some newspaper/magazine which hurt his/her sentiments, was it not imperative to give a thought to the case and consider the fact what all is at stake.

One other most important thing to consider here is the fact that this brave lady actually went to court for permission!! I salute her for the kind of respect and faith she’d shown in Indian law and constitution!! This whole episode might would amount to people being tempted not moving towards insensitive judiciary and would rather find a way ( a rather lot more easier one) to move forward with what they want to do. There are supposedly numerous centers in India which would have aborted her child for as less as Rs. 5000 and there would not have been any fuzz about it. But yes, that would have been illegal. So being a law-abiding citizen of Republic of India, she chose a legal/constitutional way of going about it. And what she got in return?? Humiliation, insensitivity, over-exertion caused by running around the courts at this physical state (which might have caused this miscarriage)?? I saw her on the TV after she lost this case. There was no regret or remorse on her face when she said, “I will take care of this kid in the best way I can”.

My heart goes out for Niketa and her family and I pray to God to give them the strength to bear this tragedy.

My only appeal to all my fellow countrymen is: this might be a bad example but don’t loose faith on our judiciary and constitution.

Happy Independence day!!

Jai Hind!!

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8 Responses to “Mo(u)rning news.”

  1. dreamcatcher said

    The Indian Judiciary is a mere puppet of the politicians and the rich. How can a system turn a blind eye towards the witnesses turning hostile (in this case the tampered report). We desperately need to upgrade the system.

  2. Vaibhav Dixit said

    I have a question here.

    If Nikita got official permission from court, then do anyone have any idea about how many cases a court would receive of similar basis coz getting a medical report (in one’s favor) in not a big deal.

  3. supanmanthan said

    My dear friend,

    This is not about validity or invalidity of claim. The point being raised here is that the law *might* have been outdated and this presented as an opportunity to review the law in current perspective. The other point is how/why the report changed. The word “typo” is missing some keystrokes and some alphabets changed.. not an acronym be used as for “typo”.

    Hope that clears the point.

  4. dreamcatcher said

    Quote:
    “how many cases a court would receive of similar basis”

    Does this mean that they stop giving the right decisions based on this fear?

  5. Vaibhav Dixit said

    First thing I would like to clear “I am not backing up the decision of court so I can not say about the reason behind the reason. My question was related to the “fake and easily available” medical reports and outdated laws.

  6. Vaibhav Dixit said

    Ohhh, there was a typo (but it does changes the meaning)

    “I can not say about the reason behind the decision”

  7. supanmanthan said

    Quote:
    “I am not backing up the decision of court so I can not say about the reason behind the reason”

    supan] Did I sound anywhere like I am accusing you for your defending the decision??

    Quote:
    My question was related to the “fake and easily available” medical reports and outdated laws.

    supan] I agree on your veiws about “outdated laws” and that was the same point put across by me. About the ““fake and easily available medical reports”, I believe you need to read the comments by dreamcatcher. Its vaguely similar to the analogy that you dont stop calling people on phone because you might connect to a wrong number!! System evolves moving through these problems… initially there were many cross-connects and thn system improved. But you dont stop with initial failures!!

    Hope I am understood more clearly now.

  8. Vaibhav Dixit said

    Ok, this is more clear now.

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