CHIEF Justice of India (CJI) K.G. Balakrishnan has expressed a strong opinion against online pornography and hate speeches, and has urged the overnment to ban all related websites immediately.While the CJI’s personal views about pornography and hate speeches could be appreciated on moral grounds, his suggestion to the government to ban every website that shows adult material or “hate speech” sends a chilling signal to a country that holds freedom of speech dear and is a constitutional right.

To read a complete copy of this article, click here

The Supreme Court passed a historic judgment in Anuradha Saha wrongful death case on August 7, 2009.  The Apex Court found 4 top doctors and AMRI Hospital in Kolkata (where ex-chief minister Mr. Jyoti Basu is being treated now) guilty for causing Anuradha's death from medical negligence and directed the National Consumers' Forum (NCDRC) to decide the quantum of compensation (claim stands at Rs. 78 crore plus interest from 1998) within 6 months. 

Four well-known economic and legal experts from USA have already filed affidavits in support of the quantum for this claim.  Unfortunately, the case is being lingered at the NCDRC by the advocates of the guilty doctors/hospital on one ground or another.  The case came up for hearing on Jan 15, 2010 (for the fourth time) before the NCDRC but was postponed again to Jan. 25, 2010 (apparently because AMRI counsel wanted more time for his argument). Dr. Kunal Saha, Anuradha's husband, who argued the matter in person before the Supreme Court is eagerly waiting in USA for the final argument to determine the quantum of compensation, which would be spent for promotion of better healthcare and poor children of India, as he has already given sworn affidavit.  

Ruchika case exposes flaw in the judicial system.

To read a complete copy of this article, click here

A simple analysis of this squalid episode would undoubtedly establish that gross abuse of power and pervasive corruption were responsible for the death of Ruchika. Unless we are able to successfully tackle corruption, cases like Ruchika’s will continue to haunt us.

To read a complete copy of this article, click here

Days after state health minister Surjya Kanta Mishra went ahead with the Rural Health Regulatory Authority Bill, a PIL was filed in   
Calcutta high court, challenging it.

The Bill allows candidates to pursue and complete a three-year course in medicine and practise in rural areas as rural health practitioners. Despite reservations from several quarters, including the Left Front, the bill was passed in the assembly on Wednesday.

People for Better Treatment filed the PIL on Friday, claiming that the bill was illegal and unconstitutional as it was against Article 14 (Right for equal treatment) and Article 21 (Right to life). "We will plead for an immediate injunction on the Bill and a showcause notice to the state government," said Pallab Mohan Chakraborty, the advocate who filed the PIL.

To read a complete copy of this article click here

Open Discussion on the atrocious "Rural Health Regulatory Authority Bill, 2009" on December 20th, 3:00 pm at Calcutta Press Club.


People for Better Treatment has already a PIL against this anti-patient bill.

People for Better Treatment has urged the opposition parties in West Bengal to oppose a proposed government sponsored medical Bill seeking to introduce a new three-year course to produce medics for rural areas.

To read a copy of this article, click here

It is inexplicable that the Chief Justice of India has chosen to remain silent on whether or not Justice PD Dinakaran should be impeached on grounds of corruption. The thinking in the higher echelons of the judiciary is that issues pertaining to the selection process of judges should not be discussed in open forum. But the question is: Why not? Citizens in any democracy should have access to information regarding the background of their judges. There should also be transparency in the process by which they are selected and promoted to high judicial offices.

To read a complete copy of this article, click here

The present mode of selection of judges for the higher courts in India by the Supreme Court collegium headed by the Chief Justice of India (CJI) is clearly flawed The selection of judges for the Supreme Court has come under the scanner in recent times. With the squabble over Justice PD Dinakaran’s selection, the inherent defects in the collegium and judges’ selection process have been exposed to public glare. 

An honest and equitable judiciary builds the basic foundation for progress of the entire nation in a democratic society. Complete transparency in the process of selection of judges is extremely essential for the restoration of public trust in the judicial system.

To read a complete copy of this article, click here

The Supreme Court has issued notices against two separate directions by the Central Information Commission (CIC) to keep itself beyond the clutches of the Rights to Information (Act) for now.  In response to an application by a citizen under the RTI Act, the CIC recently directed the Apex Court to disclose the pertinent information related to the elevation of three judges to the highest court, allegedly superseding other deserving senior candidates. 

To read a complete copy of this article, click here

THE Supreme Court has issued notices against two separate directions by the Central Information Commission (CIC) to keep itself beyond the clutches of the Rights to Information (Act) for now. In response to an application by a citizen under the RTI Act, the CIC recently directed the apex court to disclose the pertinent information related to the elevation of three judges to the highest court, allegedly superseding other deserving senior candidates.

The Delhi High Court has recently ruled that information about judges’ assets may also be obtained from the Apex Court since the office of the CJI is a “public office” and fall under the ambit of the RTI Act. Unfortunately, it appears that the Supreme Court does not share the same view as it has already filed an appeal against the Delhi High Court decision.

To read a complete copy of this article as published in Mail Today, click here

THE decision by the Supreme Court that citizens from the SC/ST or other backward classes (OBC) do not have a fundamental right under Indian Constitution to get admission in higher level academic institutions under a “quota” is a step in the right direction.

This momentous observation by India’s apex court is especially significant as the decision was delivered in relation to a case challenging admission in post-graduate medical education in Haryana.

To read this article published in Deccan Herald,  click here

To read this article published in Mail Today,  click here

 

Although the Supreme Court of India has already found four top Kolkata doctors (Sukumar Mukherjee, Baidyanath Halder, Abani Roychowdhury and Balaram Prasad) and AMRI-Apollo Hospital guilty for causing Anuradha Saha's death in a historic judgment on August 7, 2009, the Apex Court sent back the case back to the National Consumer Disputes Redressal Commission (NCDRC) only for determination of the amount of compensation these doctors and hospital must now pay. 

This historic case has now been listed at the NCDRC for hearing on Tuesday (Nov. 24, 2009) before the court of Hon'ble Justice Mr. K.S. Gupta and Hon'ble Mrs. Rajyalakshmi Rao.  The total claim for compensation in this case is equivalent to Rs. 78 crore plus applicable interests for the past 11 years.  While this claim for compensation may appear as a fabulous amount in the Indian context, it is not a very high amount in the context of USA where both Anuradha and her husband Dr. Kunal Saha (PBT president) were living permanently. 

In the final judgment by the Hon'ble Apex Court, Justice Mr. Sinha has categorically stated that the compensation would depend upon the victim's "educational qualification, her own upbringing, status, husband's income".  Dr. Kunal Saha has already given a sworn affidavit in the court that the eventual compensation would only be spent for promotion of better healthcare in India and for helping the impoverished children of India (Anuradha Saha was a child psychologist).  Several foreign experts have already filed opinions in support of the amount of claim made by Dr. Saha.  On a different but related development, the Review petitions that were filed by all five convicted doctors and AMRI hospital challenging the Supreme Court judgment have been dismissed by the Apex Court on Oct. 28, 2009. 

Also, although in the final judgment, the Supreme Court had also imposed an additional penalty of Rs. 5 lakh against the AMRI hospital and Rs. 1 lakh against the primary accused doctor Sukumar Mukherjee considering their heinous stance, these two convicts have not yet paid the penalty even after more than three months.  Dr. Saha has moved an application to the Supreme Court seeking direction and possible suo motu contempt against these two defendants.  This will also come for hearing in the Apex Court next week on Monday (Nov. 23, 2009). 

In another ironic development, one of the convicted doctor (Dr. Abani Roychowdhury) has passed away from natural cause last month in Kolkata.  Dr. Roychowdhury was more than 73 years old.  Under the law, his legal heirs will have now to be the respondents instead of the deceased doctor.          
 

Junior doctors in Patna have started an indefinite “doctors’ strike” demanding a higher scale of payment for their service causing death of numerous innocent patients. While the members of the medical profession joining a “strike” to settle their personal demand against the government and in the process, disrupting the entire hospital function putting the lives of the innocent patients in great peril is unthinkable in the developed countries, “strike” by our healers is not new in India, one shudders to imagine how doctors can easily disregard the Hippocratic Oath of serving the humanity first and simply stop working to satisfy their selfish interest putting the healthcare services in total disarray.

To read a complete copy of this article, click here 

The junior doctors in government hospitals in Bihar have started a “ doctors’ strike" demaning higher pay.

Do the doctors have legal or ethical rigts?

To read this article   click here

There ca harldy be any reason to believe that a corrupt judge would voluntarily declare his assets. Unless disclosure of assets is made mandatory, the deep rooted corruption in the lower courts will continue to persist.

To read a complete copy of this article click here

The call by the Union Law Minister, M Veerappa Moily, for introduction of a new law for avoidance of appointment of "corrupt" judges must be greeted with glee by the people of India. An honest judicial system is the last hope for ordinary citizens to fight against the evils in the society in any democratic nation. Moily has indicated that the government will soon introduce a new Bill in the parliament to prevent selection of any corrupt person as a "judge". 

A new law to assure future appointment of only honest judges is undoubtedly an important first step to restore public trust in Indian legal system. But the government must not shy away from taking more stringent steps to prosecute all corrupt judges, present and past, to build an honest judicial system that can elevate India to the height of a truly developed nation and bring prosperity to all citizens.

To access the published copy of this article, click here

 

The Ex-chief Justice of India (CJI), KN Singh, must be applauded for his candid admission that Indian judiciary is not free from corruption. Despite impressive achievement in technology and science in the recent years, independent international studies have shown that India is still one of the most corrupt nations in the world. Although the Supreme Court of India has been able to maintain a high standard before the international legal community, like most other areas of public services, corruption has also plagued the judicial system in India in the recent time. However, Justice Singh was not the only CJI to admit that corruption has infiltrated in Indian judiciary. Another retired CJI, SP Barucha, also confessed recently that about 20 percent of judges in India are corrupt. One should not view these honest admissions by previous Chief Justices only with a negative notion. The first step of solving any problem is to admit frankly that the problem exists. One can only hope that since ex-Chief Justices of the country have openly admitted corruption in the judiciary, the Indian government would take meaningful steps to rectify the legal system which forms the backbone for development of any nation.

The recent saga of Karnataka's Chief Justice, PB Dinakaran's selection to the Supreme Court has brought ignominy to the Indian judicial system whether or not he eventually gets a seat in the highest court of the land. Serious charges were raised against Justice Dinakaran that he has amassed excessive assets during his tenure as a judge in the lower courts. Obviously, these allegations insinuate that Justice Dinakaran has abused his position as a judge to accumulate disproportionate amount of wealth. It is important to remember that the clamor against selection of justice Dinakaran to the Apex Court was raised not only by the bar association in Bangalore but also by eminent jurists like Ram Jethmalani and Shanti Bhushan. For the time being, the Supreme Court collegiums have put Justice Dinakaran's appointment to the Apex Court on hold in order to review the report on his personal assets. The stance recently taken by Supreme Court and the chief justice of India (CJI) that judges' assets should not be declared under the RTI Act has already created a negative public opinion about our legal system. Even if the Supreme Court collegiums ultimately decide to uphold Justice Dinakaran's nomination, the tarnished image of the judiciary that resulted from the present fiasco is not likely to revert back in the minds of the ordinary people. Justice should not only be done, it must also appear to be done.
Elevating Justice Dinakaran to the Supreme Court at this stage in order to affirm that the Apex Court collegiums made a right choice cannot appear as justice for the pubic at large. 

In an unprecedented move, lawyers in Karnataka boycotted work to protest the promotion of Justice Dinakaran to the Supreme Court. There can be hardly any reason for all advocates to raise such a strong opposition against the sitting chief justice of a high court unless there is stout evidence of impropriety against the judge. Like all accused persons, Justice Dinakaran has denied all allegations and claimed that the he possessed the excessive assets only because he hails from a wealthy family. There must be many judges across India who have inherited wealth from a rich family. In the eyes of an impartial outsider, there can be no reason for the members of the legal community to bring a serious charge of corruption against a judge simply of his affluence. Moreover, it should be easy to establish assets inherited legitimately from wealthy ancestors. It is difficult to image how the situation for Justice Dinakaran could come this far if he gathered all the wealth only through his loaded family. 

The most puzzling aspect in this sordid episode is that how the CJI and Apex Court collegiums were not aware of the allegation of excessive wealth of Justice Dinakaran which was a common knowledge to the entire bar association in Bangalore and other eminent jurists. Or is it that the Supreme Court collegiums were conversant with these allegations against Justice Dinakaran but chose to nominate him for the Apex Court anyway? The stance of the Union Law Minister, Veerappa Moily, in this regard is equally deplorable. Even after the advocates sought his intervention in this serious issue, like a seasoned political leader, he has chosen to wash his hands of this controversy. There is little doubt that the process of selection of judges in India is inherently flawed. Even for the Supreme Court in India, judges are selected by a handful people without any public hearing.

In the US, while the Supreme Court justices are nominated by the President, he/she has to go through rigorous questioning in public by both Houses of Congress. Many candidates for the US Supreme Court have been rejected after failing to pass the cross-examination by the members of the Congress or Senate. India should adopt a similar policy for appointment of judges because only through a rigorous public examination under oath, the real character of a nominated person may be truly evaluated. Public has every right to demand that people only of the highest moral character and integrity are appointed as a judge in the courtroom. The process of selection of CJI is also flawed because it is based solely on the seniority.

The most competent person can never become the CJI unless he was appointed at the right time in the Supreme Court. On the other hand, a judge who might not have the base quality could become the CJI if he received the nod to become a Supreme Court justice at the right time. Justice Mr. John Roberts, appointed in the US Supreme Court only a few years ago by then president George W. Bush, was nominated as the chief justice even though several other justices far senior to him are present still in the Supreme Court. The Chief Justice should be decided on merit alone and not on the number of years in the job.

To access the published copy of this article published in Central Chronicle, click here

VICTIMS of medical negligence, who want to appeal to the Medical Council of India ( MCI) against rejection of their complaints by state medical councils, have to pay a hefty fee. The council has levied a fee of Rs 10,000 in violation of its rules, despite being told by the health ministry not to do so.

The MCIs Code of Ethics provides for rights of people affected by the negligence of doctors and hospitals to appeal against state medical councils if their applications are rejected or if they are not satisfied by verdicts. But this appeal comes at a price.

When the matter was brought to the notice of the health ministry, the MCI was directed not to charge any fee for grievance redressal.

To read the complete copy of this article as published in Mail Today, click here 

 

The recent saga of Karnatakas chief justice P.B. Dinakarans selection to the Supreme Court has brought ignominy to the Indian judicial system. It is important to remember that the clamor against selection of Justice Dinakaran to the apex court was raised not only by the Bar association in Bangalore but also by eminent jurists like Ram Jethmalani.

There is little doubt that the selection of judges is inherently flawed.

To read a complete copy of this article, published in Mail Today click here

The report "Britain bans Indian doctor " brings to light one of the major problems of the Indian healthcare system today. A doctor,  who graduated from Calcutta has been banned from practicing by the General Medical Council in the United Kingdom after she failed an examination in child healthcare six times, and also failed to attend a competency examination. Can such action ever be taken against any doctor, under the present medical system, in India?

To read the complete copy of this article, click here

This refers to the report “SC contests judge claim, says CJI outside RTI ambit” (October 6). One wonders why the Supreme Court has taken such an adamant stance even though it had earlier agreed to put information about judges’ assets on its official website.

Disproportionate accumulation of wealth by a judge is a serious issue which demands a thorough investigation in order to maintain public trust in the judiciary. In this regard, the Delhi High Court’s historical ruling that information about judges’ assets cannot be kept secret and that it must be disclosed to any citizen under the Right to Information Act is a welcome move.

To read a complete copy of this article as published in the pioneer, click here

The news of a new AIDS vaccine showing promise is undoubtedly heartening (“AIDS vaccine breakthrough”, Sept 25), but it would be foolish to imagine that this experimental vaccine is going to help solve the AIDS endemic, or that it would be available for public use any time soon.  By the time a useful vaccine against HIV is eventually developed for universal  use, who knows what percentage of the Indian population may actually be infected by the deadly virus?

 

Better awareness, elimination of corruption in the medical system and the provision of highly effective anti-retroviral

medication for all HIV-infected people can go a long way in checking the spread of AIDS in this country.

To read apublished copy of this article in The Telegraph, click here

 The Supreme Court ruling that states doctors who obtain their basic medical degree from foreign countries must pass a screening test to prove their level of medical knowledge before they are allowed to practise in

India is welcome.

To access  Dr. Saha's opinion on this article publsihed in "the pioneer" click here

Reports of friends and relatives of  patients attacking doctors and ransacking a hospital following the death of their loved one from alleged negligence have become a regular feature these days. This practice of dispatching mob justice cannot be condoned even in a case of actual medical negligence.The government, as well as the medical community,must comprehend the underlying reason as to why generally law-abiding and peace-loving citizens bear such hostility toward their healers and take to violence in cases of injury or loss of life owing to perceived medical negligence.

Public outrage against doctors cannot be stopped by making laws.A radical change in the medical system is necessary to ensure accountability. Only an impartial medical justice system can restore the patients’ trust and stop doctor-bashing in India.

To read the complete article by Dr. Kunal Saha published in The Telegraph, click here

 

The Supreme Court ruling that doctors with MBBS from Nepal the foreign countries must pass a screening test to prove their level of medical knowledge before they may be allowed to practice medicine in India is undoubtedly a right decision.

The standard of healthcare in India has plummeted in the recent years for more reasons than one. Regular news of horrific deaths from medical negligence in hospitals and nursing homes bear irrefutable evidence of poor quality of medical care in India. Until only a few decades ago, basic medical training or MBBS was offered only by teaching government hospitals through reputed universities. Apart from a small number of inferior quality students who could get into medical colleges through the backing under "government quota", admission to the MBBS programs were generally restricted to the very best students through a fiercely contested "joint entrance" examination. Obviously, most doctors coming out with a MBBS degree were also of standard quality.

With the advent of private and "deemed" universities since the 1990s, medical colleges offering MBBS are mushrooming in different parts of India. Almost any student can enter these private medical schools by paying a hefty capitation fee which ranged multiple lakh of rupees. Instead of a high level of I.Q. and academic background, these students only required to hail from wealthy families in order to become MBBS. Even the post-graduate seats are sold for a price by these private medical colleges these days. 

Undoubtedly, the situation of medical education in countries like Nepal, China and Russia is even worse than in India. It is alleged that if adequate money is paid, a student may be able to obtain a medical degree from some of these institutions in the foreign countries without going to any medical lectures or attending the clinics. The medical colleges in these countries basically lure the privileged children from the affluent families who cannot even enter the private medical colleges in India. Obviously, the medical colleges in these countries are not under any control from the Medical Council of India (MCI), which primarily oversees the standard of medical education in India. Even the performance of the MCI in allowing sub-standard private medical colleges to admit students for MBBS has been under the scanner in the recent years.

Serious allegations have surfaced against high-ranking officials in the MCI for granting new license to offer MBBS to second-rate medical colleges while simultaneously sitting as a member in the board of directors in these institutions. For the countless number of MBBS doctors churned out each year by the spurious medical colleges in Nepal, Russia or China, MCI will have no other way to check the quality of their medical training except for a "screening" test. A screening test is mandatory for all medical graduates from India when they move to the developed countries to start practicing medicine. Why should MCI allow doctors from another country start treating patients in India without a proper screening test? 

The present abysmal standard of healthcare in India is the ultimate result of the loss of control over the standard of medical education. The unscrupulous leaders in the government who have allowed unabated growth of private medical education with a selfish interest must be held accountable for the pitiful status of our healthcare system today. The "deemed" medical universities that basically sale MBBS degree to the incompetent children from the rich families must be stopped. Medical graduates from all countries (except those developed countries with well-established and very high standard of medical education) must be strenuously tested for their medical skill before they are allowed to practice in India. Unfortunately, the ultimate price for the reckless act by our medical leaders to allow poor quality students to become doctors is paid by the hapless patients of India, frequently with their lives. A radical change in the healthcare system is essential to stop the falling standard of medical care in India.

To access the published copy of this article in Central Chronicle click here 

The historic  Supreme Court judgement on the "Anuradha Saha" case which held the four doctors guilty for negligent treatment could have huge implications on the way medicine is practiced in India. 

Click here to read the implications of the  historic “Anuradha Saha “ judgment  on  Medical Negligence and the Practice of Medicine in India. 

Corruption thrives in our system -  Kunal Saha

There can be no argument that the single most important factor halting India’s progress is the pervasive corruption in the country, especially in the public sector. Despite impressive showing in overall economy and trade in the recent times, India is still considered as one of the most corrupt nations in the world.

Petty corrupt practices like a police constable demanding bribe from a traffic violator are unmistakable on the street. But the abundance of corruption that truly impedes development of a nation is rooted to a much deeper level. Reports of brazen corruption by high ranking officials in almost every important division of public services, including the judiciary, have hit the headlines.

Recently while suggesting that the hunt for the corrupt had so far bypassed the top, Prime Minister Manmohan Singh urged the CBI to go after the “big fish”. Even Chief Justice of India KG Balakrishnan recently called for seizure of the assets of public officials convicted in corruption cases. There are more reasons than one for the unabated growth of corruption in India. As the CJI has indicated, inordinate delay to prosecute the corrupt individuals plays a vital role in the proliferation of corruption. Even the corruption cases charged by the CBI are routinely kept pending for months before a trial could actually begin. The decision of the CBI court can then be appealed which may further linger for years in the higher court.

The Chief Justice of the Delhi High Court has recently calculated that it could take another 466 years to clear the backlog of cases. This absurd number underscores a critical reason for failure to curb corruption in India.

The confiscation of the property of unscrupulous officials convicted for corruption under the Prevention of Corruption Act, as suggested by the CJI, may prove to be effective. However, public servants, who have accumulated colossal amount of wealth through corrupt practices while in the office, should receive exemplary punishment that must also include significant time in jail as it is unlikely that they would save illicit wealth in their own names.

The purpose of any punishment by the judicial system must include its role as a deterrent for similar crimes in the future. While the call from the CJI for more stringent action against corruption is laudable, a complete overhaul of the entire judicial as well as political system are essential to bring down the stiffly climbing graph of corruption in India. Without an expeditious justice delivery system, the problem of corruption cannot be removed from India.

To access the published copy of this article in the pioneer on 22nd September, click here

Dr. Sanjiv Malik, a member of the Delhi Medical Council (DMC),  has been offering consulting services to doctors facing charges of medical negligence through his company Malik Healthcare Private Limited (MHPL). MHPL is promoted as a one stop solution for medical negligence case, consumer forum case and criminal, civil and medico-legal cases.

 

This is a clear case of conflict of interest as Dr. Malik is part of the process that deals with medical negligence complaints and settles them.  At the same time he offers services to medical professionals facing charges which could come before DMC for adjudication.

 

For complete article, click here

RTI a tool against judicial corruption The Delhi High Court's ruling that information about judges assets cannot be kept concealed and it must be disclosed to any citizen seeking the information under the Right to Information Act is remarkable. The historic verdict further held that the office of the Chief Justice of India is a public authority and it cannot enjoy special exemption from the RTI Act.

Despite opposition from a section of judges, the High Court went ahead with the ruling describing the transparency law as powerful beacon. This bold decision by the court will undoubtedly go a long way in uplifting the sagging image of the Indian judiciary.  It was hard to fathom any rationale behind the specious views expressed by certain Supreme Court judges that the RTI Act should never be applicable to them as unveiling information regarding the personal wealth of judges could undermine the independence of the judiciary.

Why should the sovereign thoughts of a judge be affected if his or her wealth is made public under the RTI Act? On the contrary, the law for public declaration of personal assets of a judge is likely to act as a potent deterrent against the proliferation of corruption
within the judiciary. The level of public trust in the fiduciary obligation of our legal system has dwindled significantly in recent times for more reasons than one. In 2003, a Delhi High Court judge was put in jail for his involvement in the Delhi Development Authority land
scam case. Then a judge in the Calcutta High Court was charged for misappropriation of court funds. He now faces impeachment.

Earlier this year, the CBI caught two Supreme Court registry employees red-handed taking bribes for listing a case. There can be no reason to imagine that every member sitting at the highest level of our judiciary would somehow remain completely insulated
from the decay in the system. Moreover, judges are paid by the Government of India and they too are public servants. Even political leaders, under the ambit of the RTI Act, have to disclose their personal assets before elections. Further, in my view, retired judges should not be immuned from revealing their assets to the public. Just like the sitting judges, retired judges must also be held accountable if they are found to have accumulated disproportionate amounts of wealth.

A fair and unbiased judicial system is the basic foundation of democracy and plays a pivotal role for building of a successful nation.

To access the published copy of this article in Pioneer News on 4th September, click here

BIHAR TIMES:  The junior doctors in government hospitals in Bihar have started a “ doctors’ strike” demanding higher pay.  The question that the Indian Medical Association (IMA) leaders and all members of the medical community must consider is whether boycott of work or “strike” by our healers is right - morally, ethically or legally?  Do the workers involved in providing essential public services like healthcare have a right go on a “strike” to undermine safety for the rest of the society? The answer of this important question must be a categorical “no”.

To read  the complete article  by Dr. Kunal Saha on "Doctor's strike in Bihar Times"  Click here

THE Supreme Court judgement in the Anuradha Saha medical negligence case is a landmark in the annals of medical jurisprudence. The apex court not only adjudicated on how to determine criminal negligence on the part of a doctor or a group of doctors in the event of a patient’s death but also imposed greater responsibility on them on the universal treatment protocol. It has also reinforced a patient’s right to know the line of treatment being followed by doctors, including the risks involved in the treatment.

Click Here to read the entire article published by The Tribune India

1. Saha Claim Upheld  - The Telegraph
2. Supreme Court defines medical negligence - India Today
3. Patients Right to Know - The Telegraph
4. Lack of facilities at hospital medical malpractice: Supreme Court  - Daily News and Analysis
5. Patients must be told about Drugs' side effects-Supreme Court -  Deccan Chronicle
6. Doctors should inform patients about drugs adverse effect: SC - Hindustan Times
7. A fathers fight,  energised by 'sun' - The Telegraph

After almost 12 years of grueling legal battle for justice, the final hearing in the Anuradha Saha death case has ended in the Supreme Court on July 21, 2009. 

While several well-known senior advocates appeared on behalf of the five accused doctors ( medicine specialists Dr. Sukumar Mukherjee and Dr. Abani Roychowdhury, Dermatologist Dr. Baidyanath Halder, AMRI physician Dr. Balaram Prasad and plastic surgeon Dr. Kausik Nandy) and the Advanced Medicare Research Institue (AMRI) in Kolkata, Anuradha's husband and PBT president, Dr. Kunal Saha personally appeared to argue this case. 

The final argument went over almost five full days.  The division bench of Hon'ble Justices Mr. S.B. Sinha and Mr. Deepak Verma have heard the arguments from both sides over almost five days, a rare sernario in the Apex Court.  The judgment is reserved. 

Entire country is waiting with bated breath for the final verdict in this historic case for "medical negligence".  

An encouraging article on the current trend in Medical Malpractice in India:

Are the Indian courts becoming more generous about awarding compensation to victims of medical negligence? 

Click Here 

The final hearing in the historic "criminal" case against three top Kolkata doctors (Sukumar Mukherjee, Abani Roychowdhury and Baidyanath Halder) for causing wrongful death of Anuradha Saha, wife of Dr. Kunal Saha, will come up before the Supreme Court of India on July 14. 

A separate "civil" case for compensation of Rs. 77 crore, highest in Indian medico-legal history, for Anuradha's death will also be decided together with the "criminal" case.  Anuradha death case has already created history and brought hope for justice for the victims of malpractice in India.  Corruption within the Supreme Court for listing of cases was exposed last February when Dr. Saha had several SC employees caught red-handed for taking bribe for listing of Anuradha death case in a sting operation with the CBI.  Dr. Saha himself will argue this case before the Apex Court on July 14 (Tuesday). 

Ordinary people from all across India are eagerly waiting for justice in the Anuradha death case

Serious allegations of possible corruption have been raised once again against Medical Council of India (MCI) president Dr. Ketan Desai and vice-president Dr. P.C. Kesavankutty Nayar who were board members of the Sri Ramachandra University in Chennai.  This university was granted a “deemed” university status by the MCI and video footage by the Times Now TV has shown that this university was involved in the corrupt practice of accepting huge amount of “capitation fee” from the wealthy medical students.  Supreme Court of India has banned “capitation fee” in all forms more than a decade ago. PBT has sent an urgent “memorandum” to the Prime Minister and Health Minister seeking an independent investigation of this shameful incidence and demanding immediate removal of Dr. Desai and Dr. Nayar from the MCI. 

In order to shift the focus of this shameful episode, Dr. Desai has now formed a MCI ‘Investigation Committee” consisting of three council members, Drs. Dhruba Jyoti Borah, Indrajit Ray and Muzaffar Ahmed, to investigate the impropriety that occurred at the Ramachandra University.  PBT strongly denounces this candidly disingenuous attempt on part of Dr. Desai to deviate the process of justice.  MCI cannot investigate a matter where its own members have been accused for possible corruption.  The fundamental principle of law that has been upheld by the Supreme Court on numerous occasions that “justice must not only be done but it must also seen to be done”, has been clearly trampled by Dr. Desai and his cronies at the MCI.  The proposed investigation by the MCI cannot be bona fide for the following reasons:

1. MCI members cannot be expected to participate in a fair and impartial investigation that also involves its president and vice-president.
2. Close friends and relatives of at least 6 of the MCI council members are either attending or have graduated from the allegedly impish Ramachandra University indicating a possible conflict of interests for investigation by the MCI.
3.  In fact, we have come to learn that a daughter of Dr. Indrajit Ray, one of the three members of the “Investigation Committee” chosen by Dr. Desai, did her post-graduate medical study from the said Ramachandra University.
4. Dr. Indrajit Ray is also the Vice-chancellor of the West Bengal University of Health Sciences (WBUHS) that bestowed upon Dr. Ketan Desai the prestigious honor of a Board member even after Dr. Desai’s ignominious removal from the MCI following his conviction by the Delhi High Court on charges of “corruption” in 2001.
5.  Dr. Desai nominated Dr. Muzaffar Ahmed, another member of the “Investigation Committee”, to win B.C. Roy award for “medico-social relief” in 2008, the first doctor from Jammu and Kashmir ever to win this prestigious award.  

The above points clearly indicate that the proposed inquiry of the Ramchandra University by the MCI through the “Investigation Committee” selected by Dr. Desai cannot be deemed as a credible body for conducting a fair and unprejudiced investigation in this important matter.  The proposed investigation by the MCI has been deliberately designed only to vindicate the accused university and to shield the errant MCI members including Dr. Desai and Dr. Nayar who have been implicated in this alleged travesty for medical education in India. 

PBT has sent a second “memorandum” to the Prime Minister and Health Minister to take immediate action to desist the MCI from the proposed investigation of the Ramachandra University.  PBT has again emphasized for removal of Dr. Desai and Dr. Nayar, the two highest-ranked officials from the MCI and to order a transparent investigation of this shocking incidence by a competent and nonaligned authority.  The evidence of corruption within the MCI undermines the entire medical system in the country and can have far-reaching consequences on healthcare for the ordinary people in India.  PBT is also planning to go before the court of law seeking justice in this matter unless Indian leaders take appropriate action.  We urge all conscientious citizens and leaders of all political parties to join us in this battle for eradicating corruption from the medical councils which would go a long way towards stopping medical negligence and saving innocent patients’ lives across India.

 

Dr. Ketan Desai, president of Medical Council of India (MCI), is reported to have direct connection with several private medical colleges that routinely admit students from wealthy families after collecting huge amount of “capitation fees”.  Supreme Court had previously barred all capitation fees for admission into medical colleges.  But it was reported by Times of India and Mail Today that Dr. Desai was sitting in the board of several private medical colleges after MCI gave licenses to these colleges to admit students for MBBS.  After Delhi HC removed Dr. Desai from the post of MCI president on charges of “corruption” in 2001, he became the MCI president “uncontested” earlier this year. 

PBT president has sent a “memorandum” to the Indian Prime Minister and Health Minister seeking immediate removal of Dr. Desai from MCI and a candid investigation of these allegations against Dr. Desai.    

On the eve of the final hearing of Anuradha Saha death case which is scheduled on July 14, 2009, the first day after Supreme Court (SC) summer vacation, the Apex Court has passed a historic judgment on “medical negligence” just before it closed for summer vacation on May 15, 2009.  Prashant Dhananka, a 19-year old engineering student, became paralyzed from waist down as a result of gross negligence during a routine operation of a benign tumor at the Nizam’s Institute of Medical Sciences (NIMS) in Hyderabad in 1990. 

A 3-member division bench of SC presided by Justice Mr. B.N. Agarwal, awarded Rs. 1.6 crore as compensation against NIMS which includes a 6% interest.  This is by far the highest ever financial compensation in India for an act of medical negligence.  In fact, the Apex Court enhanced previous compensation of Rs. 15 lakh which was initially awarded by the National Consumers Forum (NCDRC) in this case.  The SC has observed that in deaths or permanent injuries caused by reckless practice of medicine, the victim should be compensated not only for direct loss (such as salary) but also for non-pecuinary damages (such as pain and suffering). 

A second judgment against errant doctor was delivered by the vacation bench of the Apex Court.  There is little doubt that these historic judgments by the SC will have significant impact not only in the upcoming Anuradha Saha death case but also for all pending cases against medical negligence in India. 

Both these judgements are attached here.

SC Judgement Agarwal

SC Judgement Vacation Bench

In a major development in the Supreme Court (SC) in the historic Anuradha Saha death case in the Supreme Court of India today (May 14), Justice Mr. S.B. Sinha has ordered that the final hearing in this matter shall take place on July 14, 2009, the very first day after the Apex Court re-opens following the almost 2 months long summer vacation which begins after tomorrow.  Justice Sinha has further directed that the case must be listed as the first item in the list on July 14 and the final hearing won't be adjourned under any circumstances. 

In another dramatic development, the junior judge in this bench, Justice Mr. A.K. Ganguly rescued himself from this case because he is a patient himself of one of the three accused doctors.  The three doctors facing criminal negligence charge in this case for causing wrongful death of NRI and a child psychologist, Anuradha Saha during a social visit to India in 1998 are medicine specialists Dr. Sukumar Mukherjee and Dr. Abani Roychowdhury and senior dermatologist, Dr. Baidyanath Halder. Dr. Kunal Saha, Anuradha's husband and a noted HIV/AIDS specialist from Columbus, Ohio, flew in from USA yesterday to argue this case himself and prayed before the SC that the final argument should not be delayed any more. 

Dr. Saha had started an indefinite "hunger strike" in Delhi last February demanding early hearing of this case.  This case also made headlines after two SC employees were arrested by the CBI in a sting operation for seeking bribe from Dr. Saha for listing of this case.  Two doctors (Mukherjee, Halder) were previously found guilty for criminal negligence under IPC Section 304A and sentenced to three months of rigorous imprisonment for the first time in Indian medico-legal history by the trial court in Calcutta in 2002.  After the Calcutta High Court reversed their conviction, the SC granted a special leave petiton (SLP) by Dr. Saha in 2005.  A separate civil appeal for financial compensation of Rs. 144 crore has been tagged with the criminal appeal and also pending before the Apex Court. 

Dr. Saha has already given legal affidavit stating that the entire money, if and when he wins, will be spent in India for promotion of health and to help the victims of medical negligence.  "People for Better Treatment" (PBT), a humanitarian society to help the victims of medical negligence was established in India following the death of Anuradha Saha.

Dr. Saha rushes back to Delhi as Anuradha Saha death case has now been listed for final hearing on May 14th, Thursday before Justice Mr. S.B. Sinha (Court No. 4, Item no. 28). 

Countless people in India are eagerly looking forward for justice in Anuradha death case because despite regular incidence of deaths from reckless medical practice by the hitherto “untouchable” doctors in India, hardly any doctor is found guilty either by the medical council or the court of law. 

After this battle for justice for the past 11 years, we all hope that the Apex Court will finally hear this case before it goes on Summer Vacation (last day of SC work is Friday, May 16) and give justice not only for Dr. Kunal Saha but also for the hapless victims of medical negligence across India.

A new PIL against the Indian National AIDS Control Organization (NACO) has been filed in the Supreme Court of India on behalf of the PBT for use of spurious HIV test kits in India.

Reports of people becoming HIV positive after receiving blood transfusion for other ordinary illness appear frequently in the news in India.  Many such HIV victims have come to the PBT seeking justice.  Anybody living in India may be in danger of contracting deadly diseases like HIV or Hepatitis if substandard test kits are used in Indian blood banks and hospitals. This historic PIL has been listed for hearing in the Apex Court on Thursday, April 9, 2009. 

Dr. Kunal Saha, PBT president and a reputed AIDS specialist from USA, will be arguing this historic PIL next week.  Dr. Saha is still in India waiting for his day for justice in the Supreme Court for the wrongful death of his wife, Anuradha Saha.  It has been more than two months that Dr. Saha has stayed in India but still his case is at number 7.  How long does a person has to wait and sacrifice his life in search for justice?

Friends,

The update is that Anuradha Saha case is swinging between item No. 14 and item No. 19 in the Supreme Court of India. Dr. Kunal Saha is still in Delhi waiting for the final day of justice.

Also PBT has filed two separate PILs one against  corruption in Medical Council of India and the other against the extensive use of  bogus HIV test kits.

Thank you all for your  support in this fight for justice against medical negligence.

Friends,

The way things stand, Dr. Saha's case is to be listed before Hon'ble Court No. 3 as Item No. 14 before the bench of Hon'ble Mr. Justice S. B. Sinha.

Will keep you updated.

Dr. Saha has withdrawn his hunger strike as this long pending case has been listed for hearing in the Supreme Court.

We are very happy and hope that we finally win this historic case against medical negligence and expedited justice is given to all victims of medical negligence.

We are grateful to all our supporters for their continued support and encouragement in this long battle.

Stay tuned...

Dr. Saha is into his 6th day of Hunger Strike.  He is a little exhausted but overall doing well.

Today was a milestone day in his 11 year old crusade against medical negligence and judicial corruption. For the first time in court bureaucracy, two officials in the Supreme Court registrar's office and a lawyer were arrested for allegedly demanding money for early listing of his case.  Some news links below:

Bribery case: SC staffer's in cops' custody                                           Times of India, India
Bribe first for doc and sleuth                                                                Calcutta Telegraph
Lone crusader exposes corruption in SC office                                      IBNLIVE.com
2 SC employees who took Rs 25000 bribe sent to police custody            Zee News


Let us know what you think...

Today is Dr. Saha's third day of hunger strike.  He is doing fine and we hope to find justice in the coming days.

You may join him in this peaceful agitation  for justice against "medical negligence" and "judicial corruption" in front of the Supreme Court of India.  

Stay tuned.....