Rx. Law – Doctor Recommended !

Doctors save lives. But what happens when they are subject to dangers. Here is an experience of a young doctor who shares her story. How much she thanks law and recommends it to people. ! More power to you Girl !  

Medical school was a dream come true for me. Everything seemed to be bright and beautiful around. The proud parents,friends and extended family added to the joy of being selected in a prestigious medical college.
If you ever ask a medical student or a doctor about one of the best moments in their life, ‘the White Coat Ceremony’ shall stand on top. However, is the white coat as spotless as it seems?

 

Is the White Coat as spotless as it seems?


The highly prestigious profession, sadly, is also not untouched by the ghastly and venomous thoughts. The acts of certain professionals tend to malign even something as holy as medicine.


It was during my last year in college. I was completing my compulsory rotatory internship, serving in Department of Cardiology when I came across the ugly side of being a doctor or rather a trainee lady doctor ! Needless to mention- Yes, it makes things worse if you are a woman.
On the first day of my CCU posting at around 8 a.m., a mid-aged professor of mine, entered the ward and asked us to present the cases. Everything else was a routine, except when he, instead of discussing the patients started discussing about my last name and if I had a boyfriend!

After five years of Medical school I was certain that at least my relationship status had nothing to do with any of the medical conditions of the body.

 

He, on the same day, later in the evening, while i stood in the company of a few friends of mine asked me if i was interested to attend a cardiology seminar. Seminar was a high profile event which was being conducted in a Multi star hotel. He precisely mentioned of the room he had booked and said, “We will have to use the swimming pool in the morning,after the eventful night.”
I was shocked to my nerves. A man who was supposed to be my teacher and was supposed to be a respectable mentor, was making sexual advances towards me.
This sadly was the beginning of misadventures. Later on while i was on a night duty in CCU, he tried taking advantage of his position and sat close to me saying that he could “teach me things i do not know of”.

 

He sat close to me saying that he could teach me things I do not know of.

It sent a chill down my spine. I was away from home, a regular student, I had no idea what recourse to take. I came from a protective family. I had hardly ever dealt of any problem alone. Not knowing what to do, I waited for my time to end in the department.


My nightmare turned true when on the very next day I saw a notice stating that I will have to continue in the Cardiology Department for another week (a training which I already completed to its full term) , undersigned by him.

I was scared. But then I had a friend who luckily was not a doctor but a Lawyer. I narrated that complete story to her. I nearly cried because it was turing worse day by day. It was that day I actually started to feel what law of the land is. I knew that no matter how bad or faulty we think our laws are, they still can protect us.

I cried, as she pinned the long list of simple remedies I had. It made me feel powerful. I felt a rush. It was that day, I understood all my civics lessons from Class 7 in their true spirit. I knew, I could stand up tall and say, ‘Hey man! Whatever you may think you are, Just Back off !’.

Whatever I was facing was Harassment. It was a crime and I had the law given to me by my nation to protect myself.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2012 provides protection against sexual harassment of women at workplace and for the prevention and redressal of complaints of sexual harassment. I went ahead and file a complaint with the Head of Department of Cardiology and Medicine, stating that I will take legal actions if they do not remove “Dr. Pervert” from the hospital immediately. I stood tall and asked him to sign and provide me with the receiving of the complained. He gazaed at me. Full of proud and happiness. I had set a benchmark. I did a small favour to myself. I used a power which was with me since I was born but was reluctant to use. LAW !  
To my amazement the hospital management acted in no time and this devil of a man was asked to leave. I would have never known how law works beyond courts to help us everyday, to live a life we all dream of, full of peace and order.

I am a Doctor. I save lives. And I know there are people who have a life but are not able to live. Take small steps. Know the laws. The basics. Try. Have faith. You will feel safe. If not, you will know what needs to be worked on. That my friends will be a much sincere thing to do rather than simply complaining while doing nothing.

 

We are keeping the name secret for privacy reasons. However, any question is always welcome. Drop us a mail at: info@incourt.in

Kulbhushan Jadhav and the International Court of Justice

The much deliberated case of Kulbhushan Jadhav, a commander in the Indian Navy arrested on charges of involvement in espionage and terrorist activities in Pakistan as an Intelligence Agent of RAW has once again brought to light the various jurisdictional and legal issues that arise in international law and its applicability over independent sovereigns. The ICJ in the present matter has convened a special hearing under Article 74 of the Court Rules which gives it the power to the President, currently Ronny Abraham J. to act in a manner that will enable the Court to take provisional measures.

This is the fourth time India and Pakistan are appearing against each other before the ICJ, The first being in 1972 over the Jurisdiction of International Civil Aviation Organization (ICAO), the second being in 1973 regarding the Trial of Pakistani Prisoners of War, and the third in 1999 which was the Ariel incident of 10 August of 1999.

India has come before the Court under Article 36(1) of the Statute of the Court that confers the ICJ jurisdiction over all cases which the parties refer to it, especially matters for which treaties and conventions are in force.

The present case concerns Article 36(1) of the Vienna Convention on Consular Relations (VCCR) of which both India and Pakistan are parties. This Convention that came into existence on 24th April, 1963 is an attempt at promoting international peace and security believing that an international convention on consular relations, privileges and immunities would further the cause for which the United Nations was established, that is peace among nations. This convention does not aim at benefitting individuals but to ensure sovereignty of States over their subjects, so that rule of law prevails.

Sub-clause (c) of this Article grants consular officers the right to visit and arrange for legal representation to a national of their State who is in prison, custody or detention. India has filed an application contending it was not informed of Jadhav’s detention until long after his arrest and Pakistan failed to inform the accused of his rights. They have further violated the Vienna Convention by denying India its right of consular access to Mr. Jadhav, despite repeated requests and it was only from a press release that we found out about the death penalty imposed by the military court.

India thus alleges not only the violation of the VCCR but also of Article 14 of the International Covenant on Civil and Political Rights (1966) that bestows upon every individual, the right to a fair and public hearing by a competent, impartial and independent tribunal.

What is now to be seen is what prevails, the power of justice and fair trial, or the impunity of a sovereign state for its actions taken in its territory. Will India succeed in obtaining a suspension from his death sentence, and would it have been of use will be answered by two different courts, with powers though unique but unmatched by the other.   

Paavani Gupta

for InCourt

Why it’s time to “Come out of Closet”

“The only queer people are those who don’t love anybody.”

― Rita Mae Brown

Junaid was already speaking to another co-passenger, Susheela, when I boarded the cab.There was something about him that attracted me immediately. He had the most radiant face, perfectly chiseled nose, deep brown eyes, the kind of smile you would want your dentist to design for you and perfect eyebrows.  I shifted my gaze when he saw me staring at him and burst out laughing.  And then the conversation started.

Within 5 minutes of speaking to him , he told me that he is homosexual and his face looked that sculpted because of make-up contouring. My heart shattered a bit inside but I passed on a smile with a puppy face. On the other hand, I expected my cab driver to jump out of the window and the Christian co-passenger to faint but to my surprise, nothing of that sort happened. Infact, they gave understanding looks. Junaid was surprised too.In the 50 minute ride, this young man of 25 told me the kind of treatment he had faced from the society just because of his sexual preference. How the people just refuse to identify any other sexuality except for heterosexuals.  How he was bullied in his childhood just because of the way he walked.  How his family supported him even when they belonged to an Indian-Muslim family. He told me some incidents which brought a smile on my lips and some which left a lump in my throat.  The ride ended positively, with us exchanging numbers and promising to meet again. And it left me thinking.

Being a lawyer, I had no answers for him when he asked me whether the law would ever tilt in his favour. Section 377 of the Indian Penal Code, criminalises any individual who has carnal intercourse against the order of nature with any man, woman or animal. The Victorian era statute framed in 1860 was struck down by the Delhi High Court in 2009 in the case of Naz Foundation v. Govt. of NCT of Delhi . The court stated that the section goes against Article 14, 15 and 21 of the constitution,  which guaranteed the right to equality before law, right not to be discriminated on the grounds of sex and right to life and liberty respectively . It further added that  the discrimination and atrocities which are faced by the LGBT community  are faced by them as they are targeted upon as a class.

The case was appealed in the Supreme Court, which eventually turned down High Court’s verdict and criminalised Section 377 again in the case of Suresh Kumar Kaushal vs. Naz Foundation (2013) . The judgment brought heavy criticism from the supporters of the LGBT as it runs against the history of the top court acting as a champion of the underprivileged. Not only did it strike down the contentions of  Naz Foundation, it also snatched away the last ray of hope of the LGBT, which were dependent on the apex court to deliver them justice. The verdict resulted in thousands of individuals shutting down themselves back into their closet, again. But it also brought forth widespread support for the elimination of Section 377 among the enlightened sections of Indian society, including eminent lawyers, jurists, renowned writers, political activists, journalists, doctors, actors etc.

The majority of LGBT shudder at the thought of coming out of their closet as they fear the treatment they would be subjected to.  The one’s who reveal their sexuality to their parents are often send to psychiatric care or “jhaad-foonk babas” for medication.  The  community faces regular discrimination from their families, employers, the police and society in general.  The situation gets worse in rural areas where families considers same sex marriages as a taboo and resort to subjecting the homosexual woman to gang-rape in order to heal her “soul”.  

The LGBT does not remain a miniscule minority anymore, as it was termed by the Supreme Court in its judgement. It has garnered support from a number of distinguished and esteemed public figures including Vikram Seth, fashion designers Rohit Bal and Manish Arora, film directors Karan Johar etc.  A private member’s bill to decriminalise homosexuality was moved twice by Congress MP Shashi Tharoor  in the Lok Sabha, but unfortunately he could not get it passed.  Arun jaitley, Piyush Goel, JD(U)’s Shivanand Tiwari took an equally dim view of the SC order, terming it “regressive” and expressed solidarity with the LGBT community.

The practice of accepting homosexuality has gained acceptance worldwide with approximately 76 countries in the world  which have criminal laws against sexual activity by lesbian, gay, bisexual, transgender or intersex  (LGBTI) people, according to a revised version of a tally by the International Lesbian, Gay, Bisexual, Trans and Intersex Association.  It is only a matter of time before we as a nation get rid of “Judeo-Christian morality” slapped on the citizens like Junaid by Section 377 and accord the LGBT community their right to live a dignified life. It is time we stop accepting the bipolar civilisation we are living in, which on one hand boasts of Missions to Mars and on the other hand  puts you in jail for loving the one you actually want to love.

 

Extending my share of support

Shraddha Lal

On Behalf of team InCourt