Woman's plea to SC: Child marriage can't deny me a job

April 17, 2012

sc_copy

New Delhi, April 17: A woman who was forced into marriage as a minor and suffered years of abuse before obtaining a divorce and qualifying for the Madhya Pradesh state civil service has petitioned Supreme Court that a law to discourage child marriage is being used unfairly to deny her a job.

Responding to Ratnarashi Pandey's plea, the Supre8me Court on Monday issued notice to the MP government on her challenging the validity of a rule that says people who marry as minors are debarred from appointment in the civil services.

Ratnarashi was married at the age of 14 and the marriage, marked by physical and mental cruelty, ended 13 years later when she got a divorce. As she got no maintenance from her husband and had to bring up two children, she cleared the state civil services exams only to be told that her marriage as minor disqualified her from a state government job.

She has challenged the legal validity of rule 6(5) of MP Civil Services (general condition of service) Rules, 1961, as despite the odds against her, Ratnarashi cleared the examination twice but was rejected because of her marriage over which she had no control.

Appearing before a bench of Justices Aftab Alam and Ranjana P Desai, Ratnarashi's counsel Neela Gokhale said her client should not be punished for being married off by her parents when she was a minor. The bench issued notice to the state and directed it to keep one post vacant till further orders.

Rule 6(5), inserted into the MP law on March 10, 2005, says, "No candidate shall be eligible for appointment to a service or post who has married before the minimum age fixed for marriage. The minimum age of marriage for a boy is 21 years while that for a girl is 18 years."

Since Ratnarashi got married when she was 14, she was refused appointment to MP civil services although she argued that she was a victim rather than an offender.

The high court dismissed her petition and justified the provision saying Rule 6(5) had been introduced to prevent child marriages more effectively as various laws to eradicate the social evil had not yielded results.

Gokhale said the high court, while dismissing Pandey's petition, ignored welfare legislations in favour of children, which warranted a holistic approach towards this peculiar problem.

"Rule of law does not contemplate any punishment or disqualification of a child who is a victim of such child marriage practice and in fact, even the Declaration of Human Rights of the Child by United Nations specifically declares that any child in conflict of law shall not suffer any disqualification in his career and shall be supported by the state to reform himself as a law abiding citizen," she said.

Ratnarashi said although she was a victim of the deplorable practice of child marriage in her society, she was being denied an opportunity to live with dignity and respect by earning her livelihood through an appointment in state civil services for which she is eligible and has cleared necessary screening tests.

Times View

This appears to be a clear case of a well-intentioned law becoming counterproductive when mechanically applied. The idea of discouraging child marriage is undoubtedly correct. However, as the woman in this specific case is pointing out, she can hardly be blamed for the fact that she was married off at14. Common sense dictates that she should be viewed as a victim rather than as someone who is practicing a social evil. She was a minor when she got married and was in no position to object effectively. To punish her for that would be to compound the injustice done to her. If anything, she is to be admired for rising from such a situation to be able to successfully compete in the civil service exams.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
June 7,2020

New Delhi, Jun 7: The Islamic Centre of India on Saturday issued an advisory for those visiting mosques in view of the Centre’s decision to allow reopening of religious places from June 8.

Islamic Centre of India chairman Maulana Khalid Rasheed Farangi Mahali advised people above 65 years and under 10 years of age not to visit mosques and instead offer prayers at home.

He also advised against crowding in mosques, stressing that not more than five people should be present at a time and social distancing be maintained, with the ‘namazis’ using masks and keeping a distance of six feet among themselves while offering prayers.

He added that the situation would be reviewed after 15 days and if required, another advisory would be issued.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 15,2020

New Delhi, May 15: A group of doctors from the AIIMS, Raipur has recommended restrictions on the use of mobile phones in healthcare institutions amid the COVID-19 pandemic, warning that such devices can be a potential carrier of the virus and lead to infection among healthcare workers.

In a commentary published in the BMJ Global Health journal, the doctors stated that mobile phone surfaces are a peculiar 'high-risk' surface, which can directly come in contact with the face or mouth, even if hands are properly washed and one study indicates that some healthcare workers use phones every 15 minutes to two hours.

Though there have been many significant guidelines from various health organisations like the WHO and CDC focusing on prevention and control of disease, the commentary highlighted "there is no mention of or focus on mobile phones in these guidelines, including the WHO infection control and prevention guidelines, which recommends the use of handwashing".

In healthcare facilities, phones are used to communicate with other health care workers, look up recent medical guidelines, research drug interactions, understand adverse events and side effects, conduct telemedicine appointments and track patients among others, stated the document.

The document has been authored by Dr Vineet Kumar Pathak, Dr Sunil Kumar Panigrahi, Dr M Mohan Kumar, Dr Utsav Raj and Dr Karpaga Priya P from the Department of Community and Family Medicine.

"In their tendency to come in direct contact with the face, nose or eyes in healthcare settings, mobile phones are perhaps second only to masks, caps or goggles," the authors said.

"However, they are neither disposable nor washable like these other three, thus warranting disinfection. Mobile phones can effectively negate hand hygiene... There is growing evidence that mobile phones are a potential vector for pathogenic organisms," they said.

It is the need of the hour to address proper hygienic use of mobile phones in healthcare settings. In a study in India, almost 100 per cent of health workers of a tertiary care hospital used mobile phones in the hospital, but only 10 per cent of them had at any time wiped their mobile phones clean, the commentary published on April 22 said.

"The safest thing to do is to consider your phone as an extension of your hand, so remember you are transferring whatever is on your phone to your hand," Dr Pathak said.

Amidst the ongoing pandemic, two biggest mobile phone companies have uploaded their user support guidelines, saying that 70 pc isopropyl alcohol or Clorox Disinfecting Wipes can be used to gently wipe the exterior surface of phones in switched-off mode.

However, in doing so, the use of bleach or entry of moisture through any of the openings must be avoided, and any harsh chemical may damage the oleophobic screen, leading to damage in the touch screen sensitivity of the phone, the article stated.

Mobile phones are one of the most highly touched surfaces according to the Centers for Disease Control and Prevention (CDC), along with counters, tabletops, doorknobs, bathroom fixtures, toilets, keyboards, tablets and bedside tables.

The doctors recommended restriction on mobile phone usage in healthcare settings like hospital wards, ICUs and operation theatres, while advocating the use of headphones to prevent contact with the face while talking.

There should be no sharing of mobile phones, headphones or headsets of any kind. In addition, where available, the use of interdepartmental intercom facility may be promoted.

"Although hand hygiene and mobile phone use by a person are not mutually exclusive, it is high time to acknowledge the potential role of mobile phones in disease transmission cascade and to take evidence-based appropriate actions. This is especially important, given the ongoing COVID-19 pandemic," the authors said.

They said it is necessary for government agencies and the WHO to generate public awareness and to formulate suitable information, education and communication material on mobile phone hygiene, especially in healthcare settings.

AIIMS, New Delhi, Resident Doctors' Association (RDA) General Secretary, Dr Srinivas Rajkumar T said even outside health care settings, people should pay special attention to the usage of mobile phones as they carry them to all places.

"Phone and computer peripherals like keyboard, mouse, etc. should be covered with transparent plastic covers which can be cleaned without interfering with their function. Cleaning hands by soap or alcohol-based hand sanitizer before and after contact with phone and between contact with other surfaces can decrease the risk of potential transmission.

"Using a handsfree headset, dedicated operator/assistant per ward handling the communication via common line in hospitals while on duty can enable communication without compromising safety," Dr Srinivas said.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 2,2020

New Delhi, Mar 2: Senior Congress leader P Chidambaram on Sunday hit out at Union Home Minister Amit Shah for his comments that no one from the minority community will be affected by amended Citizenship Act and asked why then was the community excluded from the law in the first place.

Addressing a rally in Kolkata, Shah assured people of the minority community that not a single person will lose citizenship due to the Citizenship (Amendment) Act (CAA).

"The Home Minister says that no minority will be affected by CAA. If this is correct, they should tell the country who would be affected by CAA. If no one would be affected by CAA, as it currently is, why did the government pass the law?

"If the CAA aims to benefit all minorities (no one will be affected, says HM), then why are Muslims excluded from the list of minorities mentioned in the Act?," the former finance minister asked in a post on Twitter.

At his first public rally in Kolkata after the 2019 general elections, Shah said, "The opposition is terrorising the minorities. I assure every person from the minority community that the CAA only provides citizenship, does not take it away. It won't affect your citizenship."

"The opposition parties are spreading canards that refugees will have to show papers but this is absolutely false. You don't have to show any paper. We will not stop until all refugees are granted citizenship," Shah told the public.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.