Medical Ethics Is Casualty in COVID Pandemic

The issue with ethics is that it is, by far, perceived as possessing an element of persuasion that is enforced by fear of social disassociation as opposed to law which is, in most quarters, mandated and ascertained by threat of penal action, material loss or professional banishment. 

The role of the medical professional, across continents, has been in sharp focus over the last two years owing to the COVID pandemic. And, actions as necessitated by situations extraordinary and urgent as forced by the pandemic could be mostly generalised as ‘Acts Done In Good Faith’ and, concurrently, implied and protected to some extent by law.

Failing the Spirit Of Law on Affirmative Action

The issue of caste throws open the floodgates of intellectualised criticism across India. Posturing depends, as always, on positions taken by birth, gender, or profession and in the order affected. Liberty is assured to those who reach out for it. Modelled on tenets that work along the lines of first-come-first-served, justice being available to those who make a bid for it, and more, the defences of contributory negligence, limitation lapses and provocations offset claims and nullify pleas. Law is within the reach of the privileged in a democracy, who comprise it too, brought within the reach of the marginalised few by Affirmative Action which, as a rule, fails a few. 

Intention Of No Consequence In Cases of Medical Negligence

In a recent ruling by the Supreme Court of India, issues of medical negligence, mens rea and legal procedures laid down by the Apex Court came into focus, once again. The bench of Justices AM Khanwilkar and Sanjiv Khanna set aside a judgment of the Patna High Court as well as the summoning order issued by the Trial Court and ruled mens rea was not required in Medical Negligence cases.

The Bias of Commercial Surrogacy Must Be Smashed

Perception, almost always, has a symbiotic relation with perspective. One shapes the other and only in a manner that one can. A person, whose perception is honed, over time and with experience, is perceived as one possessing an exhaustive perspective on the issue. That the perspective is subjective doesn’t matter in the least to a homogenous audience, with views similarly coloured, which conveniently considers it entirely objective. 

Of Freedoms, Exceptions and Propaganda in India

It is in the seemingly, innocuous employment of propaganda, disguised with practiced deft as the exercise of a Fundamental Right camouflaged as ‘freedom’ that lie the bane of existence of the very same right. And, ironically too, the enforcement of the said ‘freedom’ itself risks quashing the constitutional right while on its intended path. Therein lies the truth and need to identify and weed out propaganda - the real stumbling block in the quest for freedom. So, while paradoxically, and on the face of things, a right may be curtailed, the restriction may work in the favour of upholding the very right that appears to be hindered…the intended reach of democracy could well justify the impediment. The exercise of one’s right to speech and expression, when curtailed for documented lawful reasons, could cause more damage than good to its intended goal.