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Friday, October 10
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In a progressive step with far-reaching implications, the state cabinet on Wednesday gave its green signal to amend Section 125 of Crimina
l Procedure Code (CrPC) which seeks to protect the pecuniary interests of the 'other woman'. However, it would need the Centre's stamp of approval to become a law.
According to the amendment proposed by Maharashtra, the definition of the word 'wife' under Section 125 needs to be changed to include a woman who was living with a man like his wife for a reasonably long period. This amendment would cover the interests of women involved in polygamous or live-in relationships, say officials. The only catch is that the state has not specified the term 'reasonably long period' that a woman needs to stay with a man to be called his wife.
The state law and judiciary department has drawn heavily from the recommendations of the Justice (retd) S Mallimath committee formed by the Centre to suggest reforms in CrPC. In fact, state officials admit that the amendment proposed by them is an exact copy of what has been proposed by the Justice Mallimath committee. Ironically, the state has taken cognisance of the committee's suggestion even while the recommendations gather dust at Delhi.
Explaining the need for such an amendment, state law department officials said most bigamy cases lead to problems for the 'other woman' not recognised by law in presence of the official wife. “The other woman is on the streets in dire straits if the man decides to dump her for someone else. She is not entitled to any maintenance as her status is not that of a wife,'' said officials.
Against this backdrop, the state amendment proposes that any woman who has become the other woman in a man's life, knowingly or unknowingly, should be eligible for maintenance under CrPC, said officials.
Officials said there are several cases where the other woman does not know of the existence of the official wife.
However, a section of lawyers said the proposed amendment may legalise or justify bigamy.
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Tuesday, October 07
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The state consumer commission has indicted a leading healthcare centre in the city, Apollo Hospital, for carrying out "unnecessary test
s" on terminally ill patients with the "intention of drawing up exorbitant bills", especially when the hospital didn't have arrangements to treat the patient.
The commission directed Apollo to pay Rs 1 lakh each to families of two deceased patients who, the consumer forum said, were subjected to unnecessary tests while being treated at the hospital.
In one of the cases, Dr Gopi Chand Ram, deputy director (health) in Bihar government was admitted to the hospital with tests suggestive of lymphoma and anaplastic carcinoma (both cancers) on June 11, 1999. On July 2 1999, he was referred to the Rajiv Gandhi Cancer Institute for treatment as Apollo didn't have adequate arrangements for treating cancer. The patient died on July 13.
Filing a complaint with the commission, his widow Kalawati Devi, alleged that the delay caused by unnecessary tests at Apollo hospital had led to the death of her husband.
"The patient was kept in Apollo hospital for 10 days despite knowing that there was no arrangement for treatment of cancer there and was unnecessarily subjected to a prolonged treatment to raise a huge bill," noted Justice J D Kapoor, in the order.
The hospital pleaded that the patient was managed with all due care and all the tests, like UGI, endoscopy, MRI and FNAC were essential to diagnose the cancer and without these tests the patient cannot be taken for specific treatment. In another case, 53-year-old M M Seth was admitted to the same hospital on August 17, 1998, with provisional diagnosis of respiratory failure and hypertension and discharged on August 20 despite claims by the family that his condition was critical. He was again admitted on 22 August and died of cardiac arrest on August 30 1998.
In their complaint to the commission, the family alleged that unnecessary tests were conducted during the eight days that Seth was in Apollo. The plea of the hospital that the patient was stable on August 19 and but when he was re-admitted, his condition was critical and had to be on a ventilator. Hence tests like bronchoscopy and further examinations were necessary, it added. However, this defence was rejected by the commission.
The commission observed that the tests should have been done at an earlier stage and "when the patient was almost at his last stage, these (tests) were unnecessary and were done with a view to extract money."
Reacting to the rulings, Dr Anupam Sibal, director medical sciences, Indraprastha Apollo hospital told TOI: "I haven't seen the orders but the hospital's legal team will file an appeal."
In yet another case, Sir Ganga Ram Hospital was also pulled up by the commission for detaining a patient for several hours — due to which her con
dition might have deteriorated — over non-payment of medical bills and directed it to pay Rs 25,000 compensation to one Rajiv Gupta, whose pregnant wife, Vandana, was admitted in the hospital.
After observing that Vandana's condition was getting worse and the doctors treating her were not available, Rajeev decided to take her to another hospital.
Justice Kapoor noted: "It was only due to non-clearance of the payment of dues that the patient was detained in the hospital for several hours. We deem that compensation of Rs 25,000 for the above limited deficiency and not on account of any wrong treatment."
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Friday, October 03
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They come to you dressed in rags but will take you by surprise with their perfect accent and mastery of the english language as you walk through Connaught Place in the heart of the national capital.
They are the modern English-speaking beggars who would not ask for money or food but will hit at your conscience by asking you to buy them medicines which they "badly need".
While some pay few rupees to get away, many got cornered by the "emotional blackmail" and would actually agree to buy the medicine provided they do it themselves.
And so, the beggars take their "unsuspecting victims" to the nearby chemist's shop from where they buy the medicines. Overwhelmed by the feel-good factor of having helped their fellowmen in need, the victims walk away with a clean conscience little did they know that they are duped.
"That's exactly how I felt. But somehow, I suspect later that something was amiss. When inquired, I found out that the shopowner has a tie-up with the beggars. Their modus operandi -- the beggars brought back the medicine intact and get half the money of the cost price from the chemists," Ajit Dubey, a marketing executive and a victim of such a trap, said.
"I spent Rs 270 to buy one fellow an inhaler but later the guards nearby said the beggar usually makes a fool of foreigners by his sob stories and many even take out money from the ATM to give him," Dubey said.
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When you notice the shining outer rear wheel hub of your car, selectively sprayed with a fluid while going to office, you know it is a private job
done by the local street dog. Sometimes, while driving back on a dusky hour, your headlights fall on a serene figure, head down, legs comfortably apart, sprinkling a wet dome on the wall. He is your neighbour's chauffeur, involved in private activity and deprived of further liberty, who has to hurriedly attend to the call of nature as well as to the boss. For the last five years, he considered that his 'private' corner, though the municipal authorities would call it 'public'. The debate between what is private and public in terms of space has been the epicentre of perpetual heat in interpreting city master plans, tumultuous demolitions and political agendas. For the common man, a restroom is a private place. Yet in most aircrafts it is mandatory to install a smoke alarm, as it is for the common use of everyone.
The well-meant ban on smoking in public places has stoked the fires for another round of discussion between what constitutes private and public arenas, irrespective of the fact that smoking, including passive smoking, is unequivocally associated with disease. In the absence of any research, as a general observation one may postulate that the gene of the nicotinic receptor and communist intellectualism probably share a common site. The wise 'Buddha' of Bengal could be asked if Writer's Buildings in Kolkata is a public or private place. Since it is a special place for the government, it is indeed private. On the other hand, the foot on which it stands proclaims that communism considers all equal. So, it is a public place too. A close-up of Churchill's 'V' shows the tan of tobacco on the fingers. Stalin and Roosevelt shared the habit. MacArthur with a pipe recaptured the Philippines, walking through sniper fire. Does nicotine give people courage at the cost of longevity? I can't support this theory with data at hand, but yes, the hangman's courtyard is a 'private place' and ever since the scholar, soldier, scoundrel, scallywag and the Queen's boyfriend Walter Raleigh was executed, a smoke is often a condemned man's last wish. Let the debate continue!
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