Judicial systems all over the world are contrived to take into consideration the local customs, culture, religion and so many other things to dole out the justice to the wronged parties. That's the broad principle for laying down the laws and rules by learned people who profess to know better, to be followed by the common man on the street. Thus these laws not only vary from country to country but in countries like the US of A from state to state, which to a certain extent is applicable to India also. The entire machinery that goes into it, for it to work smoothly, is managed by human beings like you and me. The bar of humanitarianism, integrity, intelligence and logic is expected to be so high that at the lower end of the hierarchy, it seems to be in want direly everywhere, including developed countries. The posts at the lowest level are taken by people who may not be qualified for the post simply because they lack the higher skills and proficiency for higher posts so they are there in these posts. And the struggle of the common man seeking justice for the right cause starts at this lowest level. This half baked human barrier simply does not allow the case to go further with their myopic views and blinds worn preventing them to see beyond.
It so happened once that I was hit while driving my car, from behind on left side by a teenager cyclist that made hardly any sound. I continued to drive thinking it to be a road bump. A constable came searching for me in my hospital when I was busy seeing a patient requiring urgent attention. He alleged that I had knocked the cyclist down, which naturally came to me as a surprise. On knowing the details I tried to argue with him to put my point forward that according to Motor Vehicle Act if somebody hits you from behind on the left side, it's not the fault of car driver but is of the one who bangs from behind. He did not listen to my side of the story and was stubborn enough to push his point relentlessly. In the end, I gave up and said 'Do whatever you want to do'. End of the story: For no fault of mine I had to attend court neglecting my duties at clinic, wasting valuable time and paying fine of Rs 500/- unnecessarily because the peg at the lowest level was ignorant of the law and was adamant enough to teach me a lesson!
I agree, this incidence is extremely trivial, but if you stretch the imagination, it could be projected to enormous proportions, at times even unthinkable levels!
I feel the entire machinery has a human face, and that, it has to have. But it could be its boon and bane at the same time. Even if the laws are laid down for the betterment, they are made by humans only to be followed by humans. So at every level from application to execution of the said laws, Human factor is going to affect the ultimate outcome. So the Police are going to have its own bias, lawyers their own including the ultimate in the system the Judge, who would not be a robot! Unfortunately in the system made by the humans, this entire set has put itself on such a high pedestal that you just can not utter even 'D' of the word dissent to reach them. In the US of States, once the lowest wrung of this hierarchy declares you to be ' An Enemy of the State', entire Patriotic America is after you for your blood.
So far I always have been on the right side of the line. So far so good, but to say that I am bothered by the recent assaults on the medical professionals would be an understatement. Petrified would be too dramatic but scared, definitely that I am. After 45 years in the field and 35 years in direct practice, I keep on dreading when would be my turn next? The surroundings have become so volatile and vicious that it's a question of only one spark! In such a situation to whom should, I turn to? I am a senior professional with vast experience in the field. And if at all a case arises, I would be questioned by a junior may be a senior lawyer, who really have not studied medicine to my depth, about my credentials in the field. How much fair it would be in the broader sense? One professional being questioned by another having the least knowledge about other's field. If everything is going to depend on paperwork and circumstantial evidence Doctors would be left with nothing but the clerical work more than to practise their acquired skills.
In a much much broader sense, how far is it feasible for any human being to prosecute another human being when everything is unclear and blurred and the laws are variable at the most! It boils down to the opinion of one or few according to the present system. It's injustice meted out to an individual by majority, Brutal, under the guile of law. I don't know the answer, I don't have the solution and I do believe in the integrity of today's system but .... isn't there a big question mark?
So far I always have been on the right side of the line. So far so good, but to say that I am bothered by the recent assaults on the medical professionals would be an understatement. Petrified would be too dramatic but scared, definitely that I am. After 45 years in the field and 35 years in direct practice, I keep on dreading when would be my turn next? The surroundings have become so volatile and vicious that it's a question of only one spark! In such a situation to whom should, I turn to? I am a senior professional with vast experience in the field. And if at all a case arises, I would be questioned by a junior may be a senior lawyer, who really have not studied medicine to my depth, about my credentials in the field. How much fair it would be in the broader sense? One professional being questioned by another having the least knowledge about other's field. If everything is going to depend on paperwork and circumstantial evidence Doctors would be left with nothing but the clerical work more than to practise their acquired skills.
In a much much broader sense, how far is it feasible for any human being to prosecute another human being when everything is unclear and blurred and the laws are variable at the most! It boils down to the opinion of one or few according to the present system. It's injustice meted out to an individual by majority, Brutal, under the guile of law. I don't know the answer, I don't have the solution and I do believe in the integrity of today's system but .... isn't there a big question mark?
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