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ARTICLE |
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Banning of books
Denial of Fundamental Right of free speech
by Justice Rajindar Sachar (retd)
People
belonging to my generation grew up in the aura of Gandhiji's moral leadership and in the heady spirit of freedom struggle. His satyagrah weapon has been accepted as one of the biggest tools in the armour of mass struggles, to be followed by unarmed masses against the deprivation of their rights and denial of social justice. Martin Luther King, the leader of the civil rights movement in the US, openly acknowledged his inspiration from Gandhiji which was reiterated when President Obama during his visit to India without embarrassment acknowledged that he would not have been the President but for the inspiration derived by the Afro-American people from Gandhiji's teachings of satyagrah.Einstein himself, one of the greatest persons of the past century, paid a tribute to Gandhiji when he said, "Generations to come shall scarcely believe that a man like this ever existed on earth." India rightly declared him as the Father of the Nation. Thus, Gandhiji needs no praise from any writer, Indian or foreign, to establish his place as one of the most outstanding moral leaders of the world in centuries. It was, therefore, very disquieting when one read the original announcements by the Law Minister of India that it was intending to ban the book on Gandhiji written by American author Joseph Lelyveld which purports to suggest that Gandhiji was bisexual and racist, notwithstanding the categorical denial by the author himself that "he has not alleged that Gandhiji is a racist or bisexual in his book". Had less panic been shown by those in authority they would have found immediately that this slur was coined by the reviewer in newsmagazine Daily Mail, London, which has a
history of Churchillian antipathy to the freedom struggle under the leadership of Gandhiji. This was doubly disquieting especially when democratic minded grandsons of Gandhiji themselves rightly took a position against the banning. Gandhiji's life was an open book and he put everything in his own writings. Many in India have commented adversely on his experiment on Brahamcharya, mentioned by Gandhiji himself, but his moral leadership has not suffered. Nevertheless, the government continued insisting either on banning the book even without having read it, not even seen it because it had not been released in India yet. It was only after eminent public men spoke against the ban that the government reacted and had been constrained to say that no action was required against the book. But, surprisingly, a Congress spokesperson, though refusing to comment when asked by the Press whether the partly wanted a ban on the book by taking cover under a strange explanation, said that "if the government has to take any action legally, the Congress does not comment." This effort to create dichotomy between the party and its government is not acceptable in political life. Would one be right in hazarding a guess that this panicky dichotomy is fuelled by the slimy action of Modi, the Chief Minister of Gujarat, who with his tongue in the cheek has banned the book purporting to show his loyalty to Gandhiji but dubiously keeping quite at his genocidal actions of 2002 when he shamefacedly justified the murder of hundreds of Muslims at the hands of the government-provoked police action in assisting communal mobs. Modi, purporting to respect Gandhi memory by banning the book, cannot wash off the blood stains of 2002. But, apparently, the Congress spokesperson, fearing that Modi may not use the ban to challenge Congress loyalty to Gandhiji, has purported to keep open the question of banning the book in future - this is immature thinking. The government should know that people of India are mature and self-confident enough not to be affected by such derogative, cheap polemics of foreign media. The iconic position of Gandhiji is not so week that it needs to be defended by resorting to the undemocratic method of banning the book. In this atmosphere I fear a more serious danger that if the government were to be allowed to ban the book it might use this precedent in future against all other critical writings against the government to ban them. Such an eventuality would be a serious blow to one of the cardinal principles of our Constitution — the freedom of speech and expression guaranteed to every person. The Supreme Court in a number of cases has emphasised that our commitment to the freedom of expression demands that it cannot be suppressed unless the situations created by allowing the freedom are pressing and the community interest is endangered. The anticipated danger should not be remote, conjectural or far-fetched. It should have proximate and direct nexus with the expression. The court has highlighted in various cases that the freedom of speech and expression guaranteed by Article 19 (1) (a) is one of the most precious liberties in our secular, socialist republic. The freedom to speak one's mind openly, although not always in perfect good taste, is protected under our Constitution. The US Supreme Court has also put it trenchantly by observing that it is the purpose of the First Amendment guaranteeing free speech to preserve an uninhibited market-place of ideas in which truth will ultimately prevail, rather than to countenance monopolisation of that market, whether it be by the government itself or a private licencee. The strong support for free speech, in the words of French philosopher Voltaire, needs to be constantly remembered by the governments, namely, "I disagree with every word you say but I shall fight to death for your right to say so." The governments of the US and Britain have refused to ban the books which have doubted the crucifiction of Jesus Christ, the very foundation of Christian religion. No one has still suggested that the books be banned nor have these books led to a decline in the number of followers of Christianity. We in this country have had embarrassing instances of book banning both by Central and state governments. There has been a lot of criticism and the image of the country as a free, open society has suffered. It is time society leaders showed courage and raised their voice against the banning of
books. The writer is a former Chief Justice of the Delhi High Court.
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MIDDLE |
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On writing a bestseller
by Harish Dhillon
I
write
with a fair amount of regularity. But what I write has always been modestly successful and never been worthy of making it to the bestseller list. But my deep and abiding awareness of my severe limitations as a writer has not prevented me from having an occasional and fierce desire of wanting to write a bestseller. During one of these delusions of grandeur, I hit upon what I felt was a surefire formula for a bestseller. I roped in two of my colleagues and they too were enthused by the project.We first found a Barbara Cartland novel which had had about three dozen reprints. It was one of the standard Barbara Cartland romances about a tall dark and handsome hero from an aristocratic family and the beautiful, naïve daughter of a tenant farmer. The romance went through the usual ups and downs but true love finally triumphed. We took the basic plot and, in what we considered a highly creative set of meetings, transposed it to an Indian setting, with the dark hero becoming fair and other such suitable transformations. We added episodes of violence and sex which we thought are mandatory for a bestseller. Then we parcelled out the chapters between us and got down to the serious matter of writing. We would meet after each chapter had been written and try to bring some uniformity to the style. Looking back I think we succeeded admirably. Once we had a complete manuscript we persuaded another colleague, from the Hindi Department, to translate the manuscript into Hindi. Of course, everything was official and an agreement had been drawn up and signed in which each of us would have a 25 per cent share in the millions that would accrue to us by way of royalty. We found a publisher. Our translator colleague made a trip to Lucknow to negotiate the terms and sign the agreement. Of course, the fact that the book had been published under a pseudonym took some of the gloss off our achievement. We waited with bated breath: we did not have long to wait. By the end of the year the book had had five reprints, had been translated into Urdu and the film rights had been sold. Our millions came in the shape of a cheque for the princely sum of Rs 7,857: the publisher claimed that each print order had been of a hundred copies and that according to the contract the translation and film rights had been made over to the publisher in return for his agreeing to publish the novel! We knew that our translator colleague had stolen from us, but then in a sense, the entire venture had originated in a theft. I have never again made a deliberate attempt at writing a bestseller but that doesn’t keep me from hoping, once in a while, for the miracle that will transform one of my modest attempts at writing into
one.
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OPED
— HEALTH |
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There is a long list of indications for ultrasound during pregnancy, including foetal well-being, which is such a generalised term that it virtually allows ultrasonography on demand with little requirement of application of mind at the hands of the ultrasonologist
Plugging sex-test policy loopholes
Saket Kumar
An
alarmingly adverse sex ratio at birth is one of the major challenges that the administration is facing in several districts of Haryana. While a multi-pronged strategy is required to tackle this menace, strict enforcement of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex-Selection) Act, 1994, is an important aspect of it. This article aims to highlight the loopholes in the Act and suggest improvements that are essential for its effective enforcement in letter and spirit. Section 4(2) of the Act specifies that no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely:
Poor rate of convictionsThe provisional figures of Census 2011 underline the fact that female child is still considered a curse and unwanted. That is why their number has fallen to an all-time low since Independence. The sex ratio for 2011 stands at 914 girls - down from 927 girls for 1,000 boys in 2001. On paper, there is a ban on sex-determination tests. But the practice is still flourishing because of low conviction rate. The procedure to register complaints is itself very cumbersome. According to Union Health Ministry's latest data, only around 6 per cent of cases filed against doctors involved in sex-selection practices in the 17 states, which have the most skewed sex ratio, have ended up in convictions till date. A total of 805 cases have been filed in court against doctors till March 31, ever since the revised PC and PNDT Act came into force. Only 55 convictions have been recorded since then. The rest of the cases are either in progress or dropped for "poor investigation and insufficient evidence against the accused". Convictions were the highest in Haryana (23), followed by Punjab (22), Gujarat (4), Maharashtra (3), Delhi (2) and Chandigarh (1). Interestingly, the highest number of cases against doctors was filed in Rajasthan (161), but none has resulted in
conviction. Maharashtra filed 139 cases, Punjab (112), Gujarat (82), Madhya Pradesh (70), Delhi (61), Uttar Pradesh and Haryana (54), Andhra Pradesh (19), Bihar (10), Uttaranchal (9), Chhattisgarh (5), Jharkhand (3) and Chandigarh (2). Gujarat leads the pack in sealing of ultrasound machines (168), followed by Haryana (133). While Maharashtra sealed 82 machines, Rajasthan (76), Orissa (68), Delhi (48), Punjab (26), UP (37), Jharkhand (13) and Andhra Pradesh
(12).
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What needs to be done
Making the indications for ultrasonography during pregnancy more specific by removing the "important notes" part of Form F. The records which have to be maintained by the ultrasound clinics like Form-F and statuary register should be issued from the office of district appropriate authority with proper serial
number. Misoprostol and Mifepristone should be available only against a valid prescription and record maintained at the level of the chemist. Technological intervention at the level of manufacturer of the ultrasound machine making the number of ultrasounds done and their records permanent and
non-deletable at the hands of the operator up to a certain period of time.
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n
Chromosomal abnormalities;
n
Genetic metabolic diseases;
n
Haemoglobinopathies;
n
Sex-linked genetic diseases;
n
Congenital anomalies;
n
Any other abnormalities or diseases as may be specified by the Central Supervisory Board.Section 4(3) says that no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied that any of the following conditions are fulfilled, namely: n
Age of the pregnant woman is above 35 years;
n The pregnant woman has undergone two or more spontaneous abortions or foetal loss;
n The pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
n The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease;
n Any other condition as may be specified by the Central Supervisory Board. Thus, very specific provisions have been enumerated as indications for a pre-natal diagnostic technique such as ultrasonography. However, these provisions get thoroughly diluted in Form F of the Pre-conception & Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 read with Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Rules, 2003. In the last part of Form F there is a column of Important Notes. The (ii)nd note reads as under: During pregnancy Ultrasonography should only be performed when indicated. The following is the representative list of indications for ultrasound during pregnancy: n
To diagnose intra-uterine and/or ectopic pregnancy and confirm viability.
n Estimation of gestational age (dating).
n Detection of number of foetuses and their
chorionicity.
n Suspected pregnancy with IUCD in-situ or suspected pregnancy following contraceptive failure/MTP failure.
n Vaginal bleeding / leaking.
n Follow-up of cases of abortion.
n Assessment of cervical canal and diameter of internal
os.
n Discrepancy between uterine size and period of
amenorrhoea.
n Any suspected adenexal or uterine pathology / abnormality.
n Detection of chromosomal abnormalities, foetal structural defects and other abnormalities and their follow-up.
n To evaluate foetal presentation and position.
n Assessment of liquor amnii.
n Preterm labour / preterm premature rupture of membranes.
n Evaluation of placental position, thickness, grading and abnormalities (placenta praevia, retroplacental haemorrhage, abnormal adherence etc.).
n Evaluation of umbilical cord - presentation, insertion, nuchal encirclement, number of vessels and presence of true knot.
n Evaluation of previous Caesarean Section scars.
n Evaluation of foetal growth parameters, foetal weight and foetal well being.
n Colour flow mapping and duplex Doppler studies.
n Ultrasound guided procedures such as medical termination of pregnancy, external cephalic version etc. and their follow-up.
n Adjunct to diagnostic and therapeutic invasive interventions such as chorionic villus sampling (CVS), amniocenteses, foetal blood sampling, foetal skin biopsy, amnio-infusion, intrauterine infusion, placement of shunts etc.
n Observation of intra-partum events.
n Medical/surgical conditions complicating pregnancy.
n Research/scientific studies in recognised institutions. Thus it enlists 23 indications as a representative list of indications for ultrasound during pregnancy. Here evaluation of foetal well-being is also an indication. Foetal well being is such a generalised term that it virtually allows ultrasonography on demand with little requirement of application of mind at the hands of the ultrasonologist. 2171 ultrasounds were reported on pregnant women in district Mahendragarh during the month of January 2011 as per information sought from the office of Civil Surgeon cum District Appropriate Authority for the PNDT Act. Foetal wellbeing was the indication in 1847 (>85%) cases. Thus, it is clearly evident that this loophole is being utilised to defeat the very purpose of the act. According to Rule 9 of the PNDT rules, every ultrasound clinic has to maintain a register showing (in serial order) the names and addresses of the pregnant women who underwent ultrasonography as a pre-natal diagnostic technique. Further, a record has to be maintained in Form F. The register is not issued by the district appropriate authority. Similarly Form F bears no serial number. For an unscrupulous imaging centre, it is very convenient to under-report the ultrasonographies conducted by it. Since the F form has no serial number, it can be torn off if the imaging centre wishes to under-report the ultrasounds conducted. Similarly, two sets of registers can be maintained: one actual, one for reporting purposes. The drugs Mifepristone and Misoprostol are widely used as medical termination of pregnancy pills. Mifepristone blocks the hormone progesterone needed to maintain the pregnancy. Because this hormone is blocked, the uterine lining begins to shed, the cervix begins to soften and bleeding may occur. With the later addition of the second medication, Misoprostol, the uterus contracts and the pregnancy is usually expelled within 6 to 8 hours. These drugs are available with chemists over the counter. Drugs, which are so potent and which can be so easily utilized for killing the female foetus, must only be available through a written prescription of a registered medical practitioner competent to conduct a medical termination of pregnancy under the MTP Act, 1971. Then there is technological aspect. The record of ultrasounds conducted can be easily deleted from the ultrasound machine or they may not be saved at all by the person conducting the ultrasound. The inter-district or inter-state migration of the couples willing to get the sex determination test done poses an important challenge. If the enforcement gets strict in one district, such families can avail the facility in neighbouring district or state. Accompanying social movement is a must in tackling this as it is primarily a social evil. District administration, Mahendragarh, is geared up to fight this stigma and solicits the support of medical fraternity, civil society organisations, religious groups, panchayati raj institutions and individuals. Dr Saket Kumar MBBS, MD (Paediatrics) is an IAS Officer of Haryana Cadre posted as Deputy Commissioner,
Mahendergarh.
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