FREE OF COST MEDICAL TREATMENT TO VICTIMS

Section 357-C of Code of Criminal Procedure, 1973 mandates all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, to immediately, provide the first-aid or medical treatment, free of cost to the victims of any offence under Section 326-A (voluntarily causing grievous hurt by use of acid, etc.), 376 (rape), 376-A (person committing an offence of rape and inflicting injury which causes death or causes the woman to be in a persistent vegetative state), 376-B (sexual intercourse by husband upon his wife during separation), 376-C (sexual intercourse by a person in authority), 376-D (gang rape) or Section 376-E (repeat offenders) of Penal Code and also to immediately inform the police of such incident. Section 166-B of the Penal Code, 1860 provides punishment for non-treatment of victim. It provides that whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any person, contravenes the provision of Section 357-C of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. The contravention of Section 166-B of the Penal Code is non-cognizable and bailable offence and is triable by the magistrate of the first class.

UNHAPPY WITH DISCONTINUATION OF “TELEGRAM’

“Telegram” or “Phonogram” may not be very popular now-a-days but it does not mean that it has lost its relevancy and should be wired to history. In many cases, I have been using “Phonogram” mode to put my client’s grievance on record. In almost all cases where CBSE Class X and Class XII failed students are denied re-admission by their respective schools (private or government), I used to send emergency message to the school and the authority through “Phonogram” (By using my MTNL Landline Telephone). In many such cases, I received response from the school principal just after 3 or 4 hours of sending Phonogram that the school is willing to re-admit the student. I am really unhappy with the decision of Bharat Sanchar Nigam to discontinue “Telegram” services from July 15, 2013. The authorities should have taken views from AAM AADMI before taking such a decision. Such a decision on the part of the authorities, in my opinion, is not in public interest.

PUBLIC INTEREST LITIGATION IS KNOWN BY PIL, IPL & PLI

Some people ask me to file PIL, some other ask me to file PLI and yet some other ask me to file IPL – I very well know that they are talking about Public Interest Litigation – It is really very interesting that many people have of course somewhat vague idea of Public Interest Litigation to redress their day to day problems – In fact, there is a real need to spread right kind of knowledge about the Public Interest Litigation amongst the masses.

SHARING PAIN AND AGONY

A 30 years old female EWS patient Mamta r/o New Seelampur Jhuggi came to my office at Tis Hazari Courts with acute body pain in the morning of Saturday 08 June 2013 for help. Initially, I thought to get her admitted in Max Hospital, Patparganj, East Delhi but as I was going for inspection of Shanti Mukand Hospital, Vikas Marg Extension, East Delhi I took Mamta and her mother with me to Shanti Mukand Hospital and got Mamta admitted in the Hospital. On next day, Sunday, 09 June 2013, Mamta's poor mother called me through some body's else mobile phone and informed me that the Doctor has asked her to purchase some injections from the chemist shop and she has no money at all. I immediately talked to the Hospital's Doctor & Nurse and reminded them that Mamta is an EWS patient and the Hospital is obliged to provide every medicine free of cost to her. The Doctor & Nurse told me that as it was Sunday, Medical Superintendent was not there to sign the slip for free medicine and therefore, the patient has to purchase the medicine. Shockingly, despite prescription, Manta was not given the required medicines/injections on Sunday. In this backdrop, I was very much upset and even could not sleep well. Next day, Monday 10 June 2013, I reached Shanti Mukand Hospital at about 10.00 am to got Manta discharged from the Hospital and took her to Max Hospital, Patparganj. Doctors at Max Hospital immediately admitted her in Emergency and by the evening, she was shifted to the Ward where she is still undergoing medical treatment. I am really grateful to the Max Hospital and particularly to Mr. Krishanan, EWS Nodal Officer for their prompt response to my call.

CENTRAL LAW ON FEE IN UNAIDED PRIVATE SCHOOLS

Yesterday, I got a telephone call from the HRD Ministry, Government of India and was informed that the Ministry is examining my representation whereby I had requested the Union HRD Minister to enact a central legislation regulating fee in unaided private schools all over the country which should also contain a provision for inducting at least 50% parents' representative on the Managing Committee of the school. It was pointed out in the representation that unless adequate number of parents is not given place in the Managing Committee of an unaided private school, commercialization of education in these private schools cannot be checked. The attention of the Hon'ble Minister was also drawn to the observations of the Hon'ble Delhi High Court made in the judgment dated 12.08.2011 in W.P.(C) 7777/2009 to the effect that the Central Government should frame National Policy on Fee.

Having lost his four children to Gaucher’s disease in last 8 years, Sirajuddin battles to save his last surviving child

Mohd. Sirajuddin, 40, (9873536390) is a rickshaw puller living in Brahmapuri colony of Delhi (India) with his wife Anwari Begum, 35. However, in the last decade, he has spent most of his time battling to save his children from the hands of the deadly Guacher’s disease type-I, a rare genetic disorder characterized by high fever and bleeding. He has approached Advocate Ashok Agarwal of Social Jurist, member of the Delhi High Court-appointed monitoring committee on free treatment to EWS patients in private hospitals today. Seeing the urgency of the matter, Mr. Agarwal has suggested him to approach the Delhi government for any possible assistance before approaching the Hon’ble Delhi High Court. His family history is short and consistent. In 2005, he lost his 3-year old daughter, Gulnaaz, who had been admitted to Irwin Hospital. Only two years later, in 2007, Ghulam Mustafa, his 2 years and 9 months old son, died in Safdarjung Hospital. Roshan, his three year old daughter, was the third one to go, in 2009. She died at Kalawati Hosptial. Tamanna, his 11 months old infant-daughter, was the last, who died on May 4, 2012. Ironically, all the children were under treatment in government hospitals and these government hospitals were witness or rather mute spectators to the unfortunate deaths which resulted mainly from want of appropriate treatment, despite the patients being admitted to a government hospital, simply because Sirajuddin was not rich enough to bear the expenses. Mohd. Ahmed, his only surviving child, is 7 years old and presently undergoing treatment at AIIMS, New Delhi. He is in a highly critical state and weighs only 13 kgs. The department of Pediatrics, AIIMS, has estimated the cost of his treatment, Enzyme replacement therapy, at Rs. 4, 80, 000 (Four Lacs Eightly thousand rupees) per month. There is no provision for free treatment in normal course in AIIMS for this disease. Mohd. Sirajuddin has been running from pillar to post to save his last surviving child, Mohd. Ahmed. He has already been medically contra-advised against procreating more children in view of his genetic traits and those of his wife. This child is his last hope. He approached the Member of Parliament Shri Mahabal Mishra who was kind enough to forward his request on 31.05.2013 to the Prime Minister Relief Fund for aid in treatment. He has approached the Prime Minister’s Office twice ever since but has been turned away each time with a statement that he shall be informed via post in case his request is granted. With a large number of requests pending in bulky files, it may be just another case for them. For Sirajuddin, it is a do-or-die situation. Sirajuddin has approached the Directorate of Health Services, Government of Delhi, for assistance under Delhi Arogya Kosh scheme which provides financial assistance upto 5 lacs to EWS patients suffering from deadly diseases, subject to proper application and completion of documentary formalities, such as income certificate and proof of residence for last three years. He is hopeful of getting assistance from the same. However, one wonders how many people like Sirajuddin are capable of approaching the Delhi Government and furnishing all these documents? Does this scheme promise to cover all such EWS patients by providing them timely assistance to save their lives? And what about expenses beyond Rs. 5 lacs? Is it presumed that beyond that amount, the patient automatically becomes capable of bearing the expenses? In the present case, a 5 Lac-rupee assistance can only afford a one-month treatment to Sirajuddin’s child. What after that? Ashok Agarwal, Advocate M:- 9811101923 06.06.2013

IMPORTANT HC ORDER IN LIVLEEN KAUR CASE AGAINST CBSE