Friday, December 9, 2016

Teaching "God is the Creator" in Schools whether unconstitutional- Prime Minister Office asks department of School Education and Literacy, Ministry of Human Resource Development-Government of India to inform.

Whether teaching in schools “God is the Creator’ is unconstitutional?
PMO asked Ministry of Human Resource Development to inform!
Recently Prime Minister Office has asked Department of School Education and Literacy, Ministry of Human Resource Development to inform whether teaching ‘God is the Creator’ by schools conforms with the secular character of the country and whether it is violation of any of the article of Constitution of India?
This information was provided to Dr. Indrajit Khandekar under right to information act by Prime Minister’s office. Dr. Khandekar who is professor and in-charge of Clinical Forensic Medicine Unit at Mahatma Gandhi Institute of Medical Sciences- Sewagram, Wardha had submitted a detailed representation of 19 pages to Prime Minister of India Shri Naredra Modi and Union Minister of Human Resource Development Shri Prakash Javadekar highlighting the issue of promotion of textbooks by various schools across the country approved by the Central Board of Secondary Education (CBSE) and Council for the Indian School Certificate Examinations (CISCE- ICSE) boards for the subject of ‘Value Education’ that mentions ‘God is the Creator’.
Most of the schools affiliated to CBSE & ICSE boards have made it compulsory for the students to buy the said books.  These books also provide assessment for the same and there is compulsory question paper on it; due to that, all the students has to recite the said thing despite students/ parents genuine, conscientious religious objection.
Dr Khandekar has raised following questions in his report:
1)     Whether compulsory promotion of textbooks that mentions ‘God is the Creator’ by the schools and teaching only theology of a particular religion by schools involving students of different communities/ families is regarded as providing ‘Religious Instructions’ within the ambit of Constitution of India and comport with the ‘Secular character’ of the state?
2)     Whether forcing/ requiring the school students to take part in religious instructions (i.e., teaching ‘God is the Creator’) and to inculcate beliefs/ tenets of other religions in the minds of students by the schools despite students/parents genuine, conscientious religious objection, contravene the rights guaranteed by article 28 (3) and Art. 19(1) (a) and 25 (1) of Constitution of India?
Even NCERT (National Council of Educational Research & Training- Delhi) appreciated the concern and extensive research done by Dr Khandekar on this issue, but expressed its inability to do anything in this matter as it comes under central & state Government.

STATUS IN OTHER COUNTRIES:
In other countries, teaching Creation theory/ Creationism to students in schools is declared as UNCONSTITUTIONAL by US Supreme Court and other courts and therefore such type of teaching is banned in those countries.





Tuesday, August 16, 2016

Law Commission of India to study the laws related to Autopsy: Role of MGIMS

               It is our privilege to share with you all that the Prime Minister Office has recently asked the Law Commission of India to study the laws related to Postmortem examination/ Autopsy (PM) in the country and to give a comprehensive report covering all aspects of criminal laws so that comprehensive amendments can be made in the various laws viz. Code of Criminal Procedure, Indian Evidence Act etc. related to PM examination.
This move comes on a detailed 82 page study report of MGIMS entitled "Constitutional Validity of Police Officials Existing Practice of Ordering Post-mortem Examination vis a vis 174 CrPC- A Cause of Concern" that was submitted in Dec 2015 to Hon’ble Prime Minister Shri Narendra Modi, and Shri Rajnath Singh- Union Home Minister through Dr BH Tirpude sir (Prof & HOD). Please click here to download full report.   
Not amending the 117 year old law (1898) has led to:
1.     Forcing untrained MBBS doctors to do postmortems.
2.     Unscientific, improper death investigation and incomplete PM reports- one of the reasons for low conviction rate.
3.     Unnecessary postmortems.
4.     Relatives’ facing tremendous difficulties for getting copy of PM report.
5.     Collection of various organs and even fetuses of pregnant lady for keeping in museum without any procedure.         
Suggestions: Like other countries our law should have following provisions:
a.      Autopsy, preferably to be done by forensic medicine expert.
b.     Police to decide whether to order dissection and extent of it in consultation with doctor.
c.      Strict measures to avoid unnecessary dissection of dead bodies.
d.     Provide the copy of PM report to relatives by doctor free of cost etc.
 Thank you all.
Lokmat Daily News Paper

Friday, July 29, 2016

Use of DNA evidence in Rape Cases- New Rules for POLICE- Role of MGIMS.

               It is our privilege to share with you all that, we could successfully implement another project that will help the police department to use DNA evidence in rape case effectively and properly. This Pilot Project is implemented successfully in Wardha under the leadership of Superintendent of Police- Shri Ankit Goyal.
               In a unique initiative, we will be in a process to implement the 11 year old law (164 A CrPC & 53 A CrPC) effectively.
               We have replaced the old police investigation formats with the new one drafted for proper and correct use of DNA evidence.
               We had submitted a detailed report to Home Minister Shri Devendra Fadnavis for necessary action through Prof & Head Dr. BH Tirpude sir.
Materials studied to draft the said report:
1)  97 judgments delivered by High Courts of Maharashtra in 2010-2015. Out of 97, 54 cases occurred between 2005 to 2013. These cases include the cases of 26 districts of Maharashtra.
2)  Questions asked by the cops of 13 districts to FSL while forwarding biological evidence for analysis (Gondiya, Chandrapur, Pune, Snagali, Solapur, Wardha, Nagpur, Latur, Kolhapur, Yawatmal, Amravati Mumbai, Nashik).
Existing lacunae as per the Report:
1)  Semen was found on the victim’s clothes in 15% cases but DNA was NOT DONE in all the case i.e., 100% (Even those occurred after 2005 and upto 2013). Even, in 60% cases blood group was not done to match it with the accused.
2)  High Courts had observed that though semen was found on the cloths of the victim, no grouping or DNA was done, hence possibility of sprinkling of semen of other person on the cloths by police cannot be ruled out.
3) Though in some cases blood group of semen on victim’s clothes was determined but, police doesn’t prove the blood group of accused and also does not prove that the semen doesn’t belong to victim’s husband.
4)  Around 50% cases Blood group of the accused was also not determined.  
Reasons for the loopholes:

·       Inadequate & improper questions asked by the cops to FSL while forwarding biological evidence collected from the victim, crime scene and accused (Blood, Semen stains, cloths, hair fibres, condom etc) for chemical analysis.


Friday, April 22, 2016

Curtailing Unnecessary Post-mortems- Pilot Project at Wardha- Role of MGIMS- Wardha SP Ankit Goyal's Unique Decision

We are privilege to share with you all that after around one year of constant efforts we could successfully implement a project to curtail unnecessary/ avoidable post-mortems under the leadership of Wardha Superintendent of Police Shri Ankit Goyal.
For the first time in the country, we will be in a process to implement the 117 years old law (174 CrPC) properly and correctly. Present law (117 yrs old law) does not authorizes the police to order Post-mortem in each and every case reported to them. They have the said authority only when there is a doubt about the cause of death. But, unfortunately, the said law was never followed and implemented correctly all over the country since decades.       
The implementation of the project has been started from MGIMS Sevagram and then in step wise manner it would involve other autopsy centres of the Wardha district. For modified inquest format PLEASE CLICK HERE.