THREE YEARS IMPRISONMENT FOR ATTACKING THE DOCTOR.

22/11/08:- Oriya daily The Samaj reads as follows:-

If you attack a doctor, you may be imprisoned up to 3 years. One’s immediate reaction could be “That’s fine. Whether you are free to attack or beat the other Government officers like Tahsildar, Veterinary Doctor, Revenue supervisor, B D O. or any other officer or member of the staff? Next question comes any erring person, irrespective of any rank and position must be taken to task. Unfortunately this is not the position in our country.

I recall an incident of my life and wish to share with you. I was 57 years old, a retired steel plant officer. I certainly claim I was cool enough with respect to my age, worldly experiences and social status. The 6 year old son of my farm associate was beaten by a poisonous snake. Some how, I was intimated. I told my man to get the child to the hospital. My neighbor and the father of the child hold the boy between them and reached the Government hospital at about 6.30 AM.

I searched for the doctor. A staff told me that the doctor is taking rest in the doctor’s duty room. I told him to call the doctor immediately because a serious patient has come. The man was reluctant because the doctor had advised him not to disturb him or allow any body to disturb him. I entered the room where the doctor was sleeping under a mosquito net and a mosquito repellant agarbati was burning below the cot. I wished the doctor and told him about the case. That fellow got up leisurely, went to the toilet, washed his face and sat down on the chair as if the hang over of the sleep had not gone. He shouted at the village farm worker in a very rough way. He asked to wash the wounds of the child. He was addressing the man as “TU” (whereas the minimum expected behavior was “TUME”). I told him in English, that he is my man, afraid and much shocked and requested him to be little soft with him. That fellow felt insulted and started showing me eyes and said ‘I too know English”. I understood that this was the most befitting case for assault and make him at least an in-patient. I have no regrets what so ever for saying so.     However he asked the staff for giving saline and went to sleep again. As per the regular state Government employees practice, all were speaking the same language “Please have patience. It will be taken up in due course. Do not worry”.      I understand at least this much that Saline is no treatment for a serious case like snake bite. I talked to the senior medical officer who was known to me. He said that he had just alighted from the bus. He talked to the doctor and said that he will be coming to the hospital at the earliest. All of a sudden, I saw a staff member known to me since long. He said that he is not on duty now. Moreover he is on leave to day because of Mahasaptami. He had gone for a morning walk and casually he entered in to the hospital premises. In the mean time I had collected from my other doctor friends that A S V. is the required medicine. The staff member said that it is available in the hospital but it is inside the locker. Unfortunately he does not have the key now. We went to his house by my bike to get the keys. By this time other doctors had come. I was so much scared that I was sweating profusely in a cool morning. A doctor friend of mine responded my call from IGH and advised me to get the child immediately with out any further delay. The life of the patient is at risk. The concerned doctor asked me to give in writing that I was taking the patient at my risk. A staff nurse was shouting in presence of the doctor that if we could know that you will take the patient we would not have given such a costly medicine. It is a common experience that from the sweeper up to the ward boy, every body poses to be nothing less than the CDMO. I had no time to listen or to react. I simply signed the paper and took the patient away. All along the way, I asked the father of the child to keep talking to the child and do not allow him to sleep. We reached the hospital where my friend acted very promptly. He asked me to get ASV injection which was quite costly. I talked to my son get money from home. The doctor asked me to get the medicine from the shop on credit under his personal recommendation. I was feeling as if my heart will stop if any thing untoward happens. The doctors constantly monitored the case. After some time the doctor said the Oxygen intake has started which in a good sign, but nothing can be said. After about six hours the smile of the doctor gave me chance to breathe properly. Thank God, the child survived.

Now it was the doctor’s turn. I come from a respectable family. My father was a freedom fighter, a senior advocate, Ex M.P, Ex MLA and popular in every circle. Rarely people enjoy such warm affection from the public. I had my limitations to restrict my self to behave as ruffians. I was in a fix. If my attention were deviated a little, the life of the child was lost. I lodged a complain, to the CDMO. It was decided that the concerned doctor will apologies before the eminent citizens. Our so called eminent citizens could not feel the seriousness. I was left with no alternatives than to pray that let this not happen to the child of the VIP. The doctor escaped as if nothing happened which means he was encouraged to go ahead with this act. I wrote a letter to the Director, Medical and health Services. To my utter surprise no action was taken.

Public speak at times sense and at times nonsense also. The news in the air was the concerned doctor was transferred to some other place which was not very lucrative. The order was cancelled. He remained in the same city and in the same hospital. Every body knows such miracles do not take place free of cost in India.

Few years later there was a strike by the medical officers in protest of an assault of a doctor. To my utter astonishment I found from the news paper that the same person had given a statement that the situation will be much severe if the situation repeats. There was a public discussion over the issue on the TV channel. The secretary of the Medical Officers Association was always falling in to an embarrassing situation and had no chance to stand bold enough to refute the charges or he was not sportive enough to admit the short falls in the behavior of the doctors.

It is unwise to give a clean chit to the doctors, just because he is a doctor. The Government should take the matter for a proper verification on the spot and punish the guilt with in twenty four hours with eye catching punishments. Under no circumstances the Government should yield just because there is a Medical Officers Association at their back.

Pl. Note: This is purely my personal thoughts and has no intention of offence to anyone.

Please feel free to your views and comments.

Regards DK

Helplessness of the Supreme Court

Some time back, I had read about the helplessness of the Supreme Court of India in the event of the order not being carried out. The same situation is likely to appear once again.

Iqbal Mirchi, a close associate of underworld don Daud Ibrahim has been arrested and all efforts are being made to transfer the case to India. In 1995 though Mirchi was arrested it could not be possible to bring him back to India. If this time he will be brought back to India, trial will be done in Supreme Court finally. Very likely the judgment will be a like in nature with respect to the earlier judgment in the matters of Ajmal Kasab. On the other side it is impossible to take decision on fixing the time limit for President’s pardonable.

During 1999 I was working as a Shift Executive in Special Plate Plant, a unit of SAIL, Rourkela Steel Plant, a Government of India Undertaking. There was absolutely no discipline in the plant. The Union people were moving like unbridled animals. The senior officers pressurize the shift executive to impose discipline in the plant. The moment there was resistance from the workers side, the HOD and all senior officers held the Shift Executive responsible. The performances of the Shift Executive was rated very low and kept on records. In the event of any disciplinary action initiated from the Shift Executive side, the Union people and the HOD join hands together and put the officer in embarrassing position. The senior officers and HOD instead of standing by the shift executive were running away from the scenario. The HOD was trying to be popular as if he were to fight an election. Few branded rouges were running away from the plant regularly without doing any job in the full knowledge of the departmental boss. All the senior officers were absolutely helpless and the situation was completely beyond their control. About these creatures, I had only one feeling that what good deeds they had done in their past life so that they were bossing over me and what misdeed I had done so that I am required to work with in their command.

One fine morning at about 7.00 A.M, in A Shift, I found only 5/6 persons as against the attendance of 40 and odd persons. I had control over none but I was answerable for the acts of each one of them. I was amidst my own thoughts and trying to find out if there is any escape about it. The mind cried out aloud “A circular has come inviting applications from those willing to take voluntary retirement”. Hurriedly I walked up to the notice board. Though I qualified for V.R., I had to think thrice on the subject. At that time more than seven years were to go to retire. My daughter was doing MBA and son was to take admission in Engineering. Financial position of the family was not good. Major earning was coming from the salary. I was standing on a cross road. The decision to quit the job may be suicidal. My brain further dictated:-“My decision stands”. I tendered my resignation. I calculated that if I avail my leaves I may have to work for two days only and on the last day I may have to come to say good bye SPP.

As far as Judiciary is concerned I remember Justice Sri Jagmohanlal Sinha. He dared to set aside the election of Smt. Indira Gandhi with out caring what might happen to him and might not happen to him. He stood by justice and by his judgment and will be remembered for ages to come.

In a training session a speaker said once a man has crossed 54 (when the retirement was 58), it is better and unwise to attempt to make him disciplined. This is so because he has already mastered the undisciplined way. By applying the procedure for disciplinary action, even if he is straightened, very less time might be left so that the plant or the organization can derive benefit.

Under the circumstances it is better to straighten myself. It was a costly piece of lesson which helped to stand by my decision. To do justice to himself the British emperor offered to kick off the crown when the Parliament did not permit him to marry a girl not having royal blood. Under any circumstances, if one feels that he is not able to do justice for which he stands, for a person having self respect it may be better to quit.

As far as Mirchi is concerned I feel the decision may go in Kasab’s way. If this repeats the helplessness will reappear. It will be ideal to expose all those who are responsible for non-execution of the order.

Few more interesting points to be shared:-

1. Five judges of Andhra were suspended while copying in the examination.

2. Tainted judge Mr Dinakaran took oath as the Chief Justice of Sikkim.

3. 75% people do not have faith in the Judiciary system & 81.1% people are of the opinion that judiciary is corrupt:- study 

    by ‘DAINIK JAGARAN”. 

4. Starting from Pandit Nehru, up to Smt. Prativa Devi Singh Patil, all have said that reforms are required in our Judiciary 

    system and many others will say in future.

Pl Note: Purely my ideas and have no intention of offence to anyone.
Regards DK

ERADICATION OF CORRUPTION IN INDIA

There is prevalence of rampant corruption in India, our beloved country. Keeping the recent mega corruption cases in view, we generally do not pay proper attention to relatively smaller events of corruption. In the true sense these small events are equally dangerous. Just as we see big hydraulic pumps installed to draw huge quantity of ground water, and by contrast tend to ignore water drawn from the ground all around by the roots of swarms of grass and trees. We can safely estimate that the trees and grass draw more water in aggregate from the ground than the industries. Similarly, the sum total of money fleeced from the common men by corrupt Babus through extortion may be much more than the total money drawn through the big scams. The former is drawn at the grass roots level, which does not catch our sight prominently. We focus on big scams like those involved in cases like: 2G spectrum, CWG, Spectrum, Adarsh Housing Society, Hassan Ali black money, bribing of Members of Parliament for escaping No-Confidence vote in parliament etc. but small scams are left un-noticed, and are seldom high lighted. When an ordinary citizen puts up a petition in a Government office, action is not taken thereon promptly. The applicant is required to run to the office concerned repeatedly. The process is facilitated to start moving only when he pays some tips.

It is taken for granted that the situation in any Government Office across the country is congenial for bribing. The system is such that one cannot get ones job done without paying a bribe. Right from the inception stage, corruption is in-built there. The rules are so worded  that a common citizen will not be able to follow it; the system is such that he will be reluctant to follow it. There is no governmental zeal or transparency to make the text of the rules intelligible to the common man. The officers are set behind people to catch them for not following the rules. The next step is to collect money from them and leave them. Some honest officers will not carry out wrong orders of the boss. Declare such honest officers as corrupt and punish them. Present before the public that you are honest and against corruption. Have LADOO in both hands. The rules must be simple, customer-friendly and judiciously executed..

The remedy is very simple. In the Government offices there is generally no provision for issuing a receipt after receiving a petition. The petitioner must be given a proper receipt wherein the date, time and serial number should be stamped or mentioned. Action must be taken on the petition as per the sequence of the serial number. No jump over the serial number will be allowed under any circumstances. Presently, the jobs of influential people like the politicians, senior officers, DADAS, and habitual (& rich) bribe givers are done on priority basis, and the job of the common man is neglected always. If the system of attention to serial number is adopted, bribing techniques will be largely ineffective. If the lower level Babu will not receive any bribe money, then the channelizing of the same to top level is bound to dry up. If this is enforced in one department, other departments will be bound to follow the same. Presently one department teaches the corrupt practice to the other. After strict adoption of the seriality in attending to petitions as suggested above, one department will raise a voice against the corrupt practice followed in other department.

It will be easy for the vigilance officials to verify whether a given case has been taken up as per the serial number or not. A lot of forensic exercises like chemically coated bank-notes will not be required.

All big trees have taken birth from small seeds only. One gets scared while looking at a big Banyan tree, but one can keep a dozen of seeds, which are capable of giving rise to Banyan trees, in ones pocket. Corruption is full grown and looks big to day.  If it is reduced to the small size, than it lands up in the shape of unwanted delays and loss of time only. A poisonous snake may be very dangerous. But if it is caught by the neck, it cannot just do any harm. It can wrap around our body but cannot cause any harm, how so ever dangerous and poisonous it might be. Corruption can be compared with a snake. If it is caught by its neck it will be just within our control and command. Now the job is to find out the neck or sensitive area where from, it can be controlled. In day to day matters, it is seen that the big bosses collect money through the lower group of employees and the politicians draw money from the top officers. The Pyramid of corruption is built this way, this is an open secret. This can be very well taken care of.

The snake is safe in the hollow area of the trunk of the tree, no matter if arrow shots are released or bullets are fired. Unless the corridor is destroyed no effect is expected. The rules of the present day or provisions in the constitution have to be amended. The soul leaves the body in search of a new body, when the existing body becomes old and does not function up to expectation. What to speak of a man made rule?

                        SHELTERS FOR CORRUPTION AND ITS ERADICATION.

With out prejudice, with due respect to the constitution makers, it can be said that they knew that with the advancement of time, and with development of Science and Technology, the constitution may need to be suitably amended. They could foresee the necessity of such amendment and have kept a provision for amendment of the constitution. It may be so thought that they have made a frame work which may need periodic maintenance. The constitution has been amended several times in the past, and in a similar vein, some amendments as suggested below, need to be administered:

1.  Legislature/Parliamentarian:-

A. One cannot be a Legislature or a Parliamentarian more than two times in his life time.

B. Contesting from more than one constituency must be banned.

C. Stringent action need to be taken against the member if he gives misleading or wrong information in the house.

2. Law Minister cannot give prizes to the Judges.

3. Separate and well equipped / well maintained offices be provided for an MP and MLA, where one can meet the local representative or can have information about him to seek an appointment.

4. One can not be a candidate for an elected position if all Govt. dues have not been cleared by him, including unlawful encroachment of Govt. land and residential premises.

5. A sitting member should not be allowed to contest for another Parliamentary seat or Assembly seat. If at all he so desires, then he must have to resign from the seat he holds first.

6. A citizen need not send his suggestion through the member of the Assembly or Parliament to be discussed on the floor of the house. He can send his suggestion to the speaker who does not belong to the treasury bench or the opposition. If this practice is adopted,  people can enjoy the fruit of democracy.

7. The constitution should be amended to prevent BUNDH, RAIL ROKO, RASTA ROKO etc by which a group of people encroach upon the citizen’s right as an individual.

8. A new law can not be made effective retrospectively, because time can not be reversed, such as in the matters of adverse possession because there is no end to it.

9. Creamy layers from the S/C, S/T group should be exempted from the advantages given to the S/C, S/T communities.

10. As per the clause 3/11 of the constitution, one can not be removed from the job on the ground of inefficiency. This needs correction.

11. For the retiring employees, provision must be made to give his full and final settlement dues with in 90 days of his retirement just as it is done in accordance with the provident fund rules.

12. Payment date of the wages must be fixed and adhered to within a reasonable tolerance limit. Failing this,  the organization must be taken to task no matter, whether it is a private undertaking or a Govt. organization.

13. F I R rules must be changed. It should be accepted by all Police Stations and Out-Posts. Presently it is restricted to only Police Stations.

14. The Laws and rules framed by the British is being followed even to day. A commission may be constituted to look in to such obsolete rules and replace them by befitting rules and regulations.

A few illustrations only have been given in this article. Many more amendments/corrections can be added.  Hope the facts stated above will draw due attention.

The houses of a residential colony are connected to the main water supply lines of the city. If the main valve of the supply line is closed, none of the houses get water. Similarly if a single problem discussed above is solved, it is obvious that the people suffering from that problem will get relief.

These are purely my thoughts and holds no binding on anyone. Request to all readers to share their coments on the subject and contribute ideas and thoughts.