MEDICAL SERVICE VOL. 41 No. 4 APRIL-1984
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- Title
- MEDICAL SERVICE VOL. 41 No. 4 APRIL-1984
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the transmission of life * health education : the need for indian children •
legal education • sending girls to school • how to turn your child in to a
crook • what is whooping cough • medical ethics forum
vol 41
no 4
april 1984
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medical
service
official house journal
of the catholic
hospital association of India
"the love of Christ
urges us" 2 cor 5 :14
vol 41
no 4
editorial board
dr c m francis
dr ravi narayan
dr prem chandran john
dr daleep mukarji
mr augustin veliyath
fr george lobo sj
prof george Joseph
dr paul neelamkavil
fr edwin m j
contents
1
editorial
2
2
the transmission of life
monsignor carlo caffarra
3
health education : the need for indian children
dr p k pande, m d and j s naruka m p e
11
legal education—7; rape
p d mathew
13
sending girls to school
courtesy : a small voice
26
how to turn your child into a crook
courtesy : herald of health
27
3
4
editor
april 1984
5
fr john vattamattom svd
6
7
cover design
what is whooping cough
courtesy : a small voice
29
p m isaac bangalore
published by the catholic
hospital association of india
c b c i centre, goldakkhana
new delhi-110001
printed at kalpana printing
house new delhi-110016
8
chai news and notes
30
9
medical ethics forum-34
fr george lobo sj
35
"Articles and statements published in this journal
do not necessarily reflect the policies and views of
the catholic hospital association of India'*
Editorial
Values in medical practice
"The medical establishment has become a major threat to health. The
disabling impact of professional control over medicine has reached the propor
tions of an epidemic". These were the words with which Ivan lllich started the
introduction to his book "Limits to Medicine". Sounds a bit strange. But it
points out to a certain reality that we face today. With sickness care (not health
care) taking a new dimension of an 'industry' opening new vistas to business
men to make more money, there seems to be a divorce between medicine and
morality. And this is under the pretext that medical categories, unlike others,
rest on scientific foundations thereby exempt from moral evaluation. It seems,
for example, and I wish it were not true, that there are hospitals where the
hospital authorities give incentives to the doctors who prescribe investigations
even though they are certain that such investigations are not always necessary.
The reason for doing so is to add a bit more income to the institutions.
Over prescription and use of a number of drugs are other practices by
medical profession especially by private general practitioners. The reason for
doing this is usually for quick results and 'efficiency'. It was Hipocrates who
said "For the sick, the least is best". What are the modern followers of Hipo
crates doing instead ? I only hope that our member institutions do not encourage
the above mentioned type of unethical practices.
WHO and its member countries are bent upon achieving the goal of
"Health for All by the Year 2000 AD". Whether they will succeed or not will
depend greatly on how much of political will the decision makers in this field
have and the courage to implement the various policies. "Health for all" can
not be achieved by flooding the market with any number of drugs. This will
not be achieved by increasing number of well equiped hospitals with ever
increasing bed strength and specialities. This dream can be realised only by
conscious effort by the concerned decision makers with sufficient political will,
courage and determination keeping the over-all good of the persons, their
families and their communities in mind. It can be achieved only when due
respect is given to human persons based on sound and undiluted ethical prin
ciples. Will the dawn of twentifirst century see medical sciences and practice
giving due importance for ethical values and respect for human being ? My very
optimistic answer is YES, provided we want it and work for it.
The Transmission of Life
Monsignor Carlo Caffarra
[Paper presented at the training course
for the Ovulation Method at the Centre for
^study and research on natural fertility regu
lation of the Catholic University of the
Sacred Heart, Rome 1983.}
In the first part of my address, I shall try
to describe for you the thinking of Familiaris
Consortio concerning the transmission of
human life. In the second part, which is
of a more practical nature, I shall attempt
to identify and describe some of the more
immediately operative and orientating con**
sequences of your commitment.
1. The Teaching of Familiaris Consortio
on Responsible Procreation
I think that the point of departure for
understanding what the Church has taught
and is still teaching concerning the transmi
ssion of human life is the following : every
human being who comes into existence is
intended and willed, i.e. created directly by
God Himself. No human being is the fruit
and result, casual or necessary, of certain
biological mechanisms; no-one exists by
chance or by necessity from the moment
when every person, every one of us, is
individually known, intended and willed by
God Himself. At the origin, at the root of
each one's being, there stands this absolutely
free and unconditional decision.
In the clear and dazzling light which
emanates from this truth, the ultimate mean
ing and the intimate truth of the procreative
faculty which is inscribed in human sexuality
is revealed in its entirety to our intelligence.
April 1984
We see clearly that the conception of a
human being is the consequence of a deci
sion, usually freely made, by a man and a
woman, to exercise a faculty which is inscri
bed in their sexuality for precisely that pur
pose. And it is the task ofseveral scientific dis
ciplines to describe what happens when that
faculty of the man and the woman is activa
ted. But there is a much deeper insight than
that of the sciences : an insight in the light
of which the procreative faculty is seen by
us to be the capacity to co-operate with God
Himself in originating a new person; it is a
co-creative rather than a procreative faculty.
Thus, in every human conception, two
powers are conjoined mysteriously but truly
—the creative power of God and the co
creative power of the man and the woman.
The dignity of the fertile sexual-conjugal
act is that it is the combination of the creati
vity of the Love of God and of conjugal love.
The holy temple in which takes place the act
which is only of God : the creative act which
elevates the procreative act, making it a
sharer of the divine Power.
Only one other act can be equated with
this : the eucharistic consecration. Because
in it also, the divine act transubstantiating
the bread and wine into the Body and Blood
of Christ takes place through human action.
Paragraph 28 of Familiaris Consortio initiates
reflection of the transmission of life precisely
by recalling this truth which I have now tried
to explain synthetically.
The actual text is :
"With the creation of man and woman in
His own image and likeness. God crowns
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and brings to perfection the work of His
hands. He calls them to a special sharing
in His love and in His power as Creator
and Father, through their free and respon
sible co-operation in transmitting the gift
of human life/'
You see : in the pontifical text, this is the
start of the entire reflection on this theme.
From this derives a first and fundamental
consequence of exhaustible practical import
which, for the moment, I shall merely refer
to and then deal with at greater length in the
second part of my address.
The consequence is this : the procreative
faculty inscribed in human sexuality is
possessed of a quite unique preciousness
and value by comparison with other faculties
inherent in the human organism. This pre
ciousness, this value, consists precisely in the
fact that the procreative faculty is intended
to produce a human being. The absolutely
unique preciousness of this faculty inscribed
in the male and female being, the unique
value borne by this faculty resides precisely
in this fact.
The reflection must now be completed
substantially with meditation on another
aspect of this singular event which is the
conception of a new human life. One of the
subjects to which the Magisterium of the
Church most frequently address itself these
days and to which FamUiaris Consortio keeps
reverting is that human sexuality has, inscri
bed within itself, the capacity to express and
realise that gift of love which is conjugal
communion and which brings to completion
the sacramental content of marriage itself
{cons ummatio matrimonii).
Here we find ourselves once again face
to face with a matter of great and practical
importance which I shall now attempt to
deal with in greater depth, albeit briefly.
April 1984
When we speak of the capacity to "ex
press and realise the gift of love", we mean
that human sexuality is so deeply and so
internally integrated with the human person
that, in it and through it, the married man
and woman are enabled to realise that gift,
of themselves, which brings their conjugal
communion to perfection. They are enabled
and called to realise this communion.
This indicates, then, that sexuality belongs
to the being of a person and is not a mere
attribute. That is to say, sexuality expresses
the actual mode of being of the human per
son, both in the way of being a man and
being a woman : the gift of being. And the
expression of this truth of the person is, at
the same time, a vocation and an imperative
to realise the truth of the gift.
The Christian intuition of the deepest
truth of man as a being who realises himself
in the giving of himself, already taught by
Vatican II (cf. Gaudium et Spes 24) is
resumed and examined in greater depth in
Paragraph II of FamUiaris Consortio.
The actual text reads :
"God created man in His own image
and likeness : calling him to existence
through love. He called him at the same
time for love. God is love and, in Himself,
He lives a mystery of personal loving
communion. Creating the human race in
His own image and continually keeping it
in being, God inscribed in the humanity
of man and woman the vocation, and
thus the capacity and responsibility of
love and communion. Love is therefore
the fundamental and innate vocation of
every human being."
A little further on, a very important conse
quence is deduced for our theme :
"Consequently, sexuality, by means of
which man and woman give themselves
5
to one another through the acts which
are proper and exclusive to spouses, is by
no means something purely biological,
but concerns the innermost being of the
human person as such. It is realised in a
truly human way only if it is an integral
part of the love by which a man and a
woman commit themselves totally to one
another until death."
At this point, we must ask ourselves a
very important question. It is this : is the
fact that these faculties, the procreative and
the unitive are inscribed in human sexuality
itself a pure *datum', or does it express
something more than a mere ‘given fact' ? Is
the co-presence in human sexuality itseif of
these two faculties a casual fact and mean
ingless in itself, or is it more than this ?
We can observe in nature, in the universe,
many links between facts which are in them
selves different. For instance : the passage
which conveys oxygen to the lungs is very
close to that which conveys food to the
stomach and, over a certain section, they are
even identical. Another example : there is a
link between faith and freedom of man in
that the act of faith—as such and as far as
faith is concerned—implies the exercise of
freedom.
These two examples show that there are
two types of links, one which we may call
de facto and another we may call de iure.
The former, considered as itself, does not
imply any particular 'value', whereas the
latter does imply a 'necessity', a 'value'.
As we have already seen, the procreative
faculty is, in its deepest truth, co-operation
with the creative act of God—that creative
act the outcome of which is precisely a
human person.
Now the human person is a being abso
lutely unique in the whole universe. We
6
shall never meditate sufficiently on this abso
lute uniqueness of every human being. This
uniqueness consists in the fact that the
human being is the only'being among all
those of which we have any experience
which is of value in itself and for itself
and not in relation to any other thing. The
human being is the sole value in the
whole universe of which we have expe
rience. the sole good which does not belong
to the category of useful or instrumental
values and goods.
It follows, then, that there is only one
right attitude to the human person, one that
is appropriate to its own preciousness : the
attitude whereby the human person is willed,
acknowledged in itself and wanted for itself.
This is an imperative inscribed in the very
order of being, a metaphysical rather than
ethical imperative : if God decides to create
a person, that person must be wanted for
himself or herself.
This is precisely the actual definition of
love. In fact, love wants and acknowledges
the other in the other's self and not because
the other serves anything or anyone, not
because the other is useful for anything.
Love loves without any aim other than love
itself: it is totally unconditional. The human
person can only • be willed in this manner,
only through an activity which is at the same
time an act of pure and of unconditional love.
I said "at the same time" in order to stress
the fact that the co-creative act, the exercise
of this faculty which is in human sexuality,
must be, in itseif, substantially, an act of
unconditional love, of love which is pure love
and nothing other than that.
We therefore discover that it is not by
chance that the selfsame sexual capacity to
procreate is identically the selfsame sexual
capacity for mutual self-giving. This is not
a pure and simple de facto link, but a de
Medical Service
jure link. A link necessitated by the very
truth of being and which, therefore, establi
shes an ethical necessity. And the ethical
necessity admits no exceptions.
We have daily experience of many kinds
of necessities. If I place a metal in fire, it
necessarily expands : this is a physical nece
ssity, one inherent in the laws of science.
Each of us also experiences another type of
necessity which is much more stringent than
the one I have just described : this is the
necessity whereby our intelligence is forced
to recognise a truth when it is seen to be
evident. We are able to utter the words
"two plus two makes five", but we cannot
think it. It is not thinkable because intelli
gence is not free, but constrained, before
the bright light of truth : this is the necessity
proper to the laws of thought.
Finally, there is an ethical necessity which
we experience daily. This is a very unique
necessity because, from a certain viewpoint,
it is the most fragile; it can, in fact, be cons
tantly objected to; but looking at it another
way, it is the most stringent of all. Well,
what is the ethical necessity ? We experience
this ethical necessity when we experience
certain imperatives which emerge from the
truth and from the dignity of the human per
son. It is the necessity whereby the truth
of being is expressed in so far as this truth
is a normative force as regards freedom.
The ethical imperative is unconditional,
it is absolute, but at the same time, it is an
imperative which, in so far as it addresses
itself to freedom, can be ignored and actually
destroyed. The necessity of the link between
the procreative faculty and the unitive faculty,
inscribed in human sexuality, is not a necessity
of the logical type, nor of the physical type :
it is an ethical necessity and hence an impe
rative which issues vehemently from the
truth of the human person. One arrives at
this same conclusion even if one proceeds
April 1984
from the another viewpoint, complementary
to the one we have now discussed. What
I mean is that, if it is not pure chance that
the procreative capacity is rooted in the
capacity to love, then the reciprocal affirma
tion is also true : it is not a matter of chance
that the unitive capacity inscribed in human
sexuality is rooted in the procreative faculty.
At this point, we may claim to have subs
tantially described the entire truth of the
event which is the transmission of human
life. An event which has, at its origin, the
conjunction of two freedoms, the human and
the divine. The divine freedom which calls
for the co-operation of the man and the
woman and the human freedom which ans
wers that call. An event, moreover, which
finds its ultimate explanation in the uncondi
tional love of God and in unconditional con
jugal love.
2.
Practical Consequences
Let us now pass on to the second part
of our reflection, that is, to the practical con
sequences of what we have said.
The first consequence is this : there is an
essential difference of an ethical nature, and
not merely of a technical nature, between
natural methods of fertility regulation and
contraception.
Technique involves the use of a series of
instruments with a view to achieving a parti
cular end. The basic concern or criterion
which guides the technician is efficiency.
Technique belongs in the area of practice
and it therefore involves dominion, the exer
cising of a mastery both of the instrument
used and of the reality to which I apply the
instrument. This is the technical mentality :
the exercise of power.
On the other hand, ethics is knowledge of
the truth of the human being, of the impera
7
tives which this truth puts forward in the
face of freedom. Hence, ethics does not
strive for efficiency but for what is good.
It is goodness, the criterian of which is good.
What is it that realises man as such, what is
it that realises the truth of the human being
as such, as a person ? This is the ethical
question par excellence’, because ethics
excludes from itself all utilitarian criteria,
because ethics excludes from itself very
idea of dominion. But the basic^concept
of ethics is that of responsibility, and
responsibility means that my freedom finds
itself having to realise a value whose pre*
ciousness is so singular, so unique, that it
demands absolute and unconditional respect:
the value of my person and that of others. I
have no power, no dominion over this value:
I am only responsible for it.
The difference between natural methods
and contraception resides in the fact that
the former begin by acknowledging in the
procreative faculty inscribed in human sexua
lity a preciousness such as to demand abso
lute and unconditional respect. That is to
say, they acknowledge therein the presence
of a moral value in the strict sense. The
natural methods permit knowledge and
recognition of this moral value. There is a
recognition when that attitude of respect
which is the only suitable attitude wells up
from the knowledge.
Contraception begins from a precise and
objective knowledge of human sexuality,
but this knowledge does not generate a
recognition of the inherent and specific value
of its procreative capacity. It preserves it as
a useful possession to be used when wanted
and to be dispensed with when unwanted. It
is not an attitude of respect but of dominion.
"Nature" can and must be dominated but
not the person; sexuality is of the person and
in the person.
The second consequence then is that the
natural method and contraception express
8
ultimately two essentially different ways of
placing oneself in a relationship with God
Himself.
The third consequence is that teaching the
natural methods is correct, not only when it
is taught from the technical viewpoint but,
above all, if it is inserted coherently into a
vision of the person, of human sexuality.
Otherwise, it drops to the level of technique,
it departs from the world of ethics. This is the
answer to an error into which it is possible
to fall: the presentation of the natural method
as one of the methods of not having children
by saying that the method fails if a child
arrives. This is a serious error. The natural
method derives from the responsibility
which the man and the woman must have in
relation to their procreative faculty, and
responsibility is a much vaster and deeper
concept than the fact of not wanting children.
In other words : whereas contraception ex
presses the desire not to have children, the
choice of the natural method expresses the
desire to realise the moral value of respon
sible procreation. Now the concept of res
ponsible procreation is totally different from
the desire not to have children, even though
the realisation of responsible procreation may
require the renunciation of procreation.
Passing now from this immediate percep
tion to identify that which this dual behaviour
deeply involve at its very source, we can
observe that what is involved is our own
relationship with God. In fact, the contracep
tive act means wishing to exclude the very
possibility of the creation of human life when
this possibility is inscribed in human sexua
lity. In other words : the exclusion of the
very possibility of a creative decision of God.
Indeed, when human sexuality is capable of
procreating, the man and the woman are by
this very fact placed in a position of co
operation with God the Creator as such.
Contraception destroys this relationship.
Medical Service
The destruction of this relationship means
that the man and the woman, while being
capable of generating a new human person,
arrogate to themselves the right to be the
supreme arbiters of the coming into being of
a human person; they reject their role as 'co
operators' and appoint themselves 'authors'
of human life. In a word ; they arrogate
to themselves that which belongs properly
and exclusively to God.
Herein lies the intrinsic evil of the con
traceptive act: an act in which God is no
longer considered as God, that is as Creator.
The contraceptive act has within it the evil
of impiety, of blasphemy. It is therefore
impossible to hypothesize any circumstance
in which the contraceptive act might become
objectively licit. For the simple reason that
it is impossible to hypothesize any circums
tance in which it would be licit not to
acknowledge God as God.
3. Conclusion
The clash between the Catholic Church
and the world of today on this point is signi
ficant. It is, in fact, a clash between two
opposite concepts of man. ft is the fidelity
of the Church to its service of the salvation
of mankind. To withdraw from this clash
is to align oneself with him who, in reply to
the Witness of the Truth ("For this I have
come into the word, to bear witness to the
truth*') could say nothing but: "What is
truth ?"
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For Parents and Teachers
Health Education : The Need for Indian Children
Dr. P.K. Pande, M.D., J.S. Naruka, M.P.E.
India is a developing country, and still
has a fairly high infant mortality rate,
although there has been a steady decline/
since 1920, when the rate was 200 per
thousand live births. Among the health
services which need to be developed are
domiciliary midwifery teaching units and
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centres, school health services etc. Another
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Department of physiotherapy and occupa
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dard, good appliances for the handicapped
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Nutritional surveys are to be done in the
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child nutrition in a particular part of the
country and according to habits, customs,
availability, the food stuff should be
supplied. Meanwhile, the production of
special, cheap protein-rich food stuffs like,
Indian multipurpose food, Balahar etc. should
be encouraged and popularised.
Indian Multipurpose Food
This is the cheap supplementary food
prepared from groundnut flour, and bengal
gram which is fortified with essential
minerals and vitamins. The composition of
100 grams of the I.M.F. is as follows.
Proteins : 42.9 grams; Fats : 8.5 grams;
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3,000 I.U.; Vitamin D : 300 I.U. and of
Energy Value 387 Kcal.
April 1984
Balahar —The government of India has
taken up the production of food supplement
known as balahar for school feeding pro
grammes. It consists of 70 per cent wheat,
25 per cent defatted groundunt meal and 5
per cent skimmed milk. A modified version
of it contains 75 per cent wheat and 22 per
cent defatted groundnut meal.
Mid-day meal programme should be inten
sified not in urban areas but rural areas also
where children in economical!ly and socially
backard areas could be helped. A specimen
menu for a mid-day meal may consist of
foodstuff as shown in the chart below.
If available,*!! is desirable to include a
protein rich supplement such as soya bean
(15 grams) or skimmed milk reconstituted
(120 grams) or IMF 15 grams in place of 15
gram of pulses.
grams
(in a
Cereals and
millets
75
day
Pulses
30
per
Oils and
Fats
8
Leafy
Vegetables
30
Non-leafy
vegetables
30
Foodstuffs
child)
In our country degree of illiteracy varies
considerably from one part of the country to
another. The second five-year plan, which
ended in the year 1960-61 and provided for
3,00,000 new primary schools, but it was
11
not anticipated that more than 60 percent of
children between the age of 11 to 14 years
would be enrolled in schools till 1961.
Though so many plans have come, the 44
percent of total population (70 crores of
people have 44 percent children below the
age of 15 years) is not getting even the
minimum requirement of primary school
education. The main problem of financial
resources, shortage of building and trained
teachers at all levels of instructions is very
evident. Another problem is of the shortage
of text-books and equipment in secondary
schools. Women teachers are of a great
need for Girl's schools of remote areas.
Rural families are largely ignorant of the
essential elements, of physical care of children
or the basic principles underlying child
development. When these families migrate
to industrial towns, they often move into
squalid slums where vice flourishes; tradi
tional family customs and practices are for
gotten; and parents have neither the time nor
the means to attend to the needs of their chil
dren. There is a need to train social workers
to cope up with growing problems of delin
quency and emotional disturbance among
children in these urban areas.
Health Education
This very important aspect is mentioned
12
in relation to the conditions at Home. Be
cause of the child's close dependence on
its immediate environment, it is extremely
important that the parents should be given
as much education as possible in matters of
health and nutrition. Little can be done to
improve the standards of child welfare at
home, unless the parents are well educated
to follow the advice they may be given at
at the MCH centre or a Health Clinic. It is
difficult, however, to eliminate prejudices,
superstitions, and traditional prohibitions
having an adverse effect on' the child's
health in the time to come. It is an uneasy
task, as in many parts of India, methods of
child care are prescribed, not by the mother
but by the grandmother, whose moral autho
rity often dominates the family unit, in spite
of her very poor literacy status. The hold
of the traditional beliefs and practices may
therefore be broken in future, the essentials
of health and nutrition must be made not
only a part of the basic elementary school
curriculum, but should be explained, and
taught with a practical approach. In brief it
could be said that a child must get the
health, nutrition personal-hygiene, family and
sex education at the school level. The
child will need to be a good parent when he
or she come of age.
Courtesy : HERALD OF HEALTH
Medical Service
LEGAL EDUCATION—7
Rape
P.D. Mathew
Women have been idolised in India and
yet they have also been exploited and denied
social justice. This is seen in the increas
ing violence on women and, more specifi
cally, of rape.
Rape is a forcible ravishment of a woman
by a man. It is one of the manifestations
of her oppression and an expression of male
chauvinism. Men still persist in treating
women or female children as a sex objects
for satisfying their lust. The crime of rape
not only damages the dignity of a woman as
a person and darkens her entire future but
also undermines the dignity of all women..
' Cases of rape and sexual offences are
common in rural and tribal areas. Many
poor women workers belonging to the
Scheduled Castes and Scheduled Tribes
are raped by elite groups, landlords and
policemen. Mass rape of womenfolk of the
rural poor is often used as a part of the
repression to crush the movement to assert
themselves in sharecropping disputes or in
reclaiming lost land or in demanding the pay
ment of minimum wages.
Very few women report the cirme of rape
to the police - because of embarassment.
Even when they do report, police often do
not record the case. In case of trial, most
of the accused go scotfree due to lack of
adequate evidence. Loop-holes in the law
and dilatory procedures have encouraged
other criminals that they can also escape the
consequence of their .misdeeds.
Most women are not aware of the laws
relating to rape and other sexual offences
April 1984
and the legal means available to them to
punish the guilty. Their ignorance is also
exploited by police, lawyers and their
’opponents.
The problem of rape is essentially social
and only a strong protest movement by
women’s organisation, civil rights groups,
social activists and the public can eradicate
this type of oppression and protest the
human dignity of women of. our country.
This booklet attempts to explain the
varions aspects of the present law on sexual
offences against women and highlights the
recommendations of the Law Commission
for the renovation of the law on rape to
make it more sensitive and responsive today
to the cry for justice of the women of our
country.
What constitutes the crime of rape ?
Section 375 of the Indian Penal Code
defined rape.. According to this definition
rape is committed when a man has sexual
inter-course with a women :
1.
against her will, or
2.
without her consent, or
3.
with her consent, when her consent
has been obtained by putting her in
fear of death, or of hurt, or
4.
with her consent, when he by decep
tion, make her believe that he is her
lawful husband, or
5.
with or without her consent, when
she is under 16 years of age.
13
What constitutes sexual intercourse ?
Some penetration, however, slight, is suffi
cient to constitute the sexual intercourse nece
ssary to the offence of rape. The degree of
penetration is immaterial. It is not essential
that the hymen should be ruptured, or that
there should be emission of semen. With
out some penetration there can be no rape,
though the act may amount to an attempt to
rape.
is incapable of consenting due to her
lack of understanding of the implicat
ions of her consent.
* If a woman does not resist sexual
intercourse due to her misapprehension,
it cannot be concluded that she has
given consent.
* An act of helpless resignation ‘and
submission of body under the influence
of fear or terror is no consent.
Explanation
'Against her will'—An act is done against
a woman's will when she is fully conscious
and capable of consenting and is aware of
what is being done and resists or objects the
act. 'Without her consent'—When she is
insensible and incapable of rational consent,
due to fear, shock or intoxication or any
other cause.
Note
* Consent of the woman should have
been obtained before the sexual inter
course and not after.
* Consent obtained by threat of death or
‘ hurt of herself or of any other person
in whom she is interested, or by decep
tion, is not considered valid.
* A sleeping woman is not able to give
consent. Hence any sexual intercourse
by a man with a sleeping women, who
is not his wife is rape.
* Sexual intercourse with a woman of
unsound mind is also rape because she
is incapable of giving consent due to
her incapacity to understand.
14
Note
♦ The absence of any mark or any injury
on the accused goes against the com
mission of the crime.
* On the other hand, the existence of the
injury to the vagina does not justify the
conclusion that rape has been com
mitted.
When does sexual intercourse by a man
with his own wife considered rape ?
According to Section 375 of Indian Penal
Code, sexual intercourse by a man with his
wife below 15 years of age is considered
rape. Here the policy of the law is to pro
tect children of immature age against sexual
intercourse.
Can an impotent man (person physi
cally incapable of sexual intercourse
with a woman) be convicted for rape ?
Being incapable of sexual intercourse,
such a person cannot be considered guilty of
its attempt. But he may be found guilty
uuder Section 354 for indecent assault.
* Consent given by an intoxicated woman
is also not a valid consent.
Can a husband abet rape on his own
wife ?
* Consent given by a girl below 16 is not
considered as valid consent because
the law presumes that the young girl
A husband has a right to have sexual
intercourse with his wife and he cannot be
charged with forcible sexual intercourse, but
Medical Service
he has no right to invite others to ravish her.
If he does so, he can be said to abet the
offence and can be punished.
What must be proved by the prosecu
tion in a case of rape ?
The prosecution must prove that
1.
the accused had sexual intercourse
with the woman;
2.
the man accused of rape was the one
who committed the offence;
3.
the act of sexual intercourse was
done without her consent or the
consent obtained by threat, fraud,
deception, intoxication, etc.
4.
the accused had sexual intercourse
with a girl below 16 years of age;
5.
the husband who has accused of
rape, had sexual intercourse with
his wife below 15 years of age;
6.
there was penetration.
What are the possible defence in the
trial ?
The defence may argue that
8.
no injuries were found on the person
of the woman or the accused indicat
ing thereby that she did not resist the
act of sexual intercourse.
Note
* In Mathura's case, Tukaram v. State of
Maharashtra, (1979) 2 SCC 143, the
Supreme Court had acquitted the two
accused police men who were alleged
to have raped Mathura, a Harijan girl of
15, in their police station.
The reasons given for the acquittal of the
accused are :
* that there was no marks of resistance
on her body.
* that she did not shout for help.
* that she had previous sexual relations
with her lover.
* that the prosecution succeeded only in
proving that the girl had passively
submitted to sexual intercourse, but
it did not prove beyond doubt that she
did not consent.
1.
the woman did consent;
2.
she was a woman of loose morals;
Several women's organisations demand
ed re-opening of Mathura's case. But the
Supreme Court dismissed the review petition
on the technical ground of delay.
3.
she had previous sexual relations
with other people;
What must you do, if you are a victim
of rape ?
4.
her age ascertained by the prosecu
tion was wrong;
5.
she has cooked up the story of the
rape to take revenge on the accused
against whom she had grudge;
6.
the F.I.R. was not filed promptly:
7.
she had not shouted for help to the
people staying nearby.
April 1984
1.
Immediately rush to the nearest
doctor (any registered medical practi
tioner) and get yourself examined.
The doctor does not have to be a
doctor of a government hospital.
2.
File an FIR in the nearest police
station as early as possible. Make
sure that the F.I.R. is recorded. Ask
for a copy of the statement recorded.
(You have a legal right to get a copy
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Section 154 (2) Criminal Procedure
Code.)
If necessary, ask your lawyer to
accompany you to the police station.
Yon have a Fundamental Right to
consult a lawyer of your choice.
3.
4.
Demand that the person who has
raped you be medically examined
immediately. This will help to find
evidence on the person of the
accused
5.
Do not change clothes or take a bath
till the completion of the medical
examination.
6.
Keep the articles (clothes, slippers,
spectacles etc.) obtained from the
accused in the custody of the police.
7.
Preserve the condition of the place
where the offence .has taken place,
till the police officer prepares the
report of the spot. The report made
after the inspection of the place can
provide circumstantial evidence rega
rding the commitment of the offence.
8.
Go to the police station accompanied
by a male relative or friend.
•
Note
* Delay in reporting the offence to the
police officer would cast doubt on the
story of the victim, while promptness
on her part would lend credibility.
* Delay can also lead to dissappearance
of medical evidence.
* If the police officer does not record the
FIR. or take any action on your com
plaint, you have a right to inform the
superior police officer or to make a
private complaint in a Magistrate's
Court.
April 1984
* The complaint and the F.I.R. can be
lodged by anyone who has the know
ledge of the offence.
EVIDENCE
1.
Evidence regarding the age of a
woman
The best legal evidence to ascertain the
age of a woman is her Birth Certificate
obtained from her school, or panchayat
office or Birth Registration Office. In case
the certificate cannot be obtained, the opinion
of a doctor is taken to assess the age. The
statement of a doctor is only an expert's
opinion and not a legal proof, especially
when his opinion is not based on scientific
tests.
2.
Medical evidence
Result of the medical examination of the
victim of the rape and the accused, is con
sidered to be among the most important
evidence to prove or disprove the com
mission of the offence of rape. Medical ex
amination will certify :
1.
injury to the private parts of the
woman, and the accused;
2.
injury to the other parts of her/his
body, which may have resulted from
a struggle;
3.
seminal and blood stains in her
clothes or the clothes of the accused;
4.
the presence of hairs of the victim or
tne accused on the body of the other
person;
5.
the probable age of the woman and
the man by studying the physical
development of organs and the
growth pattern of teeth etc.
17
Note
* The prosecution has the responsibility
of conducting the medical examination
of the accused if that would give suffi
cient evidence to prove his guilt.
♦ The accused is also entitled to demand
his medical examination if he is of the
opinion that it would disprove the
possibility of his guilt.
♦ Absence of injury on the accused per
son and particularly his penis, cannot
be the sole ground for discarding pro
secution evidence.
* Medical examination must be conduct
ed by a registered Medical Practitioner.
* It must be conducted as early as pos
sible. Delay in examination can cause
the disappearance of several evidences.
* In a rape case the Supreme Court
recently ruled that production of medi
cal evidence concerning rape of a poor
woman living in remote areas is not
necessary for conviction.
3.
Chemical examination
in a rape case the police officer should
send the lower garments worn by a woman
assaulted for chemical examination.
Note
* A victim of rape who goes to the police
station to file a complaint should carry
a set of clothes to change. The clothes
worn by the woman at the time of rape
may contain evidence like the presence
of semen, blood, hair etc. Hence the
police officer may ask the woman to
keep the clothes in his custody for the
purpose of chemical examination and
other tests.
18
4.
Statement of the victim
It is unusual for any self-respecting
woman to go to court to make a humiliating
statement against her honour, of having been
raped unless it is absolutely true. Hence in
most cases her statement must be accepted
as the conclusive evidence to prove the guilt
of the accused.
5.
Is the dying declaration of the victim
’ accepted as an evidence ?
A dying declaration of a deceased person
is admissible in evidence on a charge of
rape.
6.
Is corroboration (independent evi
dence) essential for conviction of
the accused ?
In the past it was a well established
practice (not law) that in cases of rape the
evidence of the complaint must be corrobo
rated. The nature of the corroboration
depended on the facts of each particular
case.
In practice, a conviction for rape almost
entirely depends on the credibility of the
woman.
The Supreme Court has held that the
Evidence Act nowhere specifies that corro
boration is essential for the purpose of con
viction. All that is required is that there
must be some additional evidence rendering
it probable that the story of the complainant
is true and that it is reasonably safe to act
upon it.
Landmark judgements
In a case (Harijibhai v. the State of
Gujarat) concerning a government servants
conviction for assaulting two minor girls and
raping one of them the Supreme Court in
its judgement on 24 May, 1983, reaffirmed
that corroboration is not essential for con
viction of rape.
Medical Service
The Court has stated that in India it is
rare for a woman to make false accusations
of rape because in reporting the crime of
rape she has to suffer several types of em
barrassment and humiliation, especially
through the cross examinations, medical
examination and the publicity given by the
newspapers. In these circumstances the
Court held that her testimony should not be
viewed with suspicion or disbelief.
Note
* In this case, a Government employee
in Gandhinagar, Gujarat, assaulted two
girls aged 10 and 12 years. One girl
escaped, but the other, according to
medical evidence, was assaulted. The
local women's organisations took up
the matter and filed a criminal case
against him. He was convicted by the
Sessions Court. The High Court con
firmed the conviction. The accused
appealed to the Supreme Court, which
confirmed the decision of the Sesssion's
Court and the High Court but reduced
the sentence.
* Since corroboration is not essential in
case of rape the Court may accept the
uncorroborated evidence of the woman,
but it must be prudent in accepting
it.
* In many cases of rape it would be
unsafe to convict an individual merely
on the accusation of the woman who
has been raped.
* Insistence of corroboration is advisable,
though it is not compulsory in the eye
of law.
* As a rule of prudence the Court must
normally seek same corroboration of
her testimony so as to satisfy that she
is telling the truth and the accused is
not falsely implicated.
April 1984
Is rape a cognisable offence ?
Yes, it is a cognisable offence and hence
a police officer can arrest the accused with
out a warrant issued by the Court.
Is rape a bailable offence ?
It is a non-bailable offence and hence
granting of bail depends on the discretion of
the Court. The accused has to make a peti
tion to the Court to grant bail.
In which Court the charges of rape is
triable ?
The charge of rape is triable exclusively
by the Court of Sessions.
Note
* The offence of making a false charge
of rape is also triable exclusively by
the Court of Sessions.
* The offence of rape under Section 375
includes the lesser offence of indecent
assault of a woman under section 354
of I.P.C.
A Specimen form of the charge of rape
I (name and office of the Magistrate)
hereby charge you (name of the accused)
as follows :
That you, on or about the.......day of.........
at......... committed rape on Miss X or Mrs. Y
and thereby committed an offence punishable
under Section 376 of the Indian Penal Code
and within the cognisance of the Court of
Sessions.
And I hereby direct that you be tried by
the said Court on the said charge.
What is the punishment for rape ?
The punishment for rape :
1.
Imprisonment for life (minimum of 14
years), or
2.
Imprisonment for a term which may
extend to 10 years and fine.
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For raping one's own wife below 15
years of age, the punishment is imprisonment
upto 2 years, or fine or both.
Note
The measure of punishment in a case of
rape should not depend on the social status
of the party injured, but on the greater or
less atrocity of the crime, the conduct of the
criminal and the defenceless and unprotected
state of the victim of the rape.
Attempt to commit rape
Attempt to commit rape is also an offence
under Section 511 of Indian Penal Code.
Punishment
Imprisonment for a term which may ex
tend to one-half of the imprisonment for life
and fine.
Note
* In a case of rape (Prem Pal v. Union of
India, Delhi Administration) the accused,
a 23 year old junk dealer of West Patel
Nagar, West Delhi had been convicted,
on 14 July, 1983, by Justice S.M.
Aggarwal, Additional Sessions Judge
of Delhi, under Section 376. He was
accused of raping a 4 year old girl of
his [.neighbourhood in a public latrine,
while she was returning from school.
Rejecting the plea for probation
advanced by the defence the Judge
has sentenced him to life imprison
ment.
This is the first case of its kind in the
country where a rapist has been awarded
life imprisonment, the maximum punishment
prescribed under the law.
Has a woman right to kill the assailant
who assaults her with the intention of
committing rape ?
Section 100 (iii) of the Indian Penal Code
gives full] authority to a woman to kill her
April 1984
assailant, if he assaults her with the intention
of committing rape.
Note
♦ This is a substantive right given to a
woman by the Code under The right of
private defence of the body.'
* During the trial the woman has to show
the Court that she had no other alter
native but to skill the assailant to
escape from the commission of rape.
Outraging the Modesty of a woman
(Section 354 of I.P.C.)
Another heinous offence committed on
woman is indecent assault committed with
the intention of outraging her modesty.
What constitutes the offence of out
raging the modesty of a woman ?
What constitutes an outrage of female
modesty is not defined, it depends upon the
country, the religion and the culture to which
one belongs.
The Supreme Court of India has held
(State v. Major Singh, AIR 1967, SC. 63)
that any act done to or in the presence of a
woman is clearly suggestive of sex according
to the common notions of mankind. That
act can be considered as an offence under
Section 354 of I.P.C.
Knowledge that the modesty of the
woman is likely to be outraged by a particu
lar act is sufficient to constitute the offence.
Note
* The culpable intention of the accused
is the crux of the matter.
* An offence under this Section is less
serious than one of rape under Section
. 376.
* An assault or criminal force committed
with the intention of committing rape
is not contemplated by this Section.
21
* Here 'woman' includes a female person
of any age.
* There can be no outrage of a woman's
modesty where she is a willing party.
* Under this section both man and
woman can be guilty of the offence.
Examples of the offence
1.
Pulling a woman by her arm with a
request for sexual intercourse.
2.
Molesting a woman.
3.
Forcing a woman to remove her
clothes.
private part of
a
Fingering
woman.
5.
Raising the skirt of a girl and sitting
on her person.
6.
Steathiy touching, with a corrupt
mind, the body of* any woman
whether she is a child or mentally
retarded or is sleeping or under the
effect of an intoxicant.
What is to be proved in the court ?
1.
That the person assaulted was a
female.
2.
That the accused assaulted or used
criminal force to her.
3.
That he intended thereby to outrage
her modesty.
Note
* A charge under this Section is very
easy to make but very difficult to
prove.
* When such charge is made the court
will look for independent evidence
from other witnesses and other cir
cumstances.
22
* It is a cognizable offence.
* It is bailable.
* It is not compoundable.
* It is triable by a Magistrate of the first
class or second class.
What
is
offence ?
the
punishment
for
this
Imprisonment for a term which may ex
tend two years or with fine or with both.
4.
the
What is the nature of this offence
Need for reform in the law on rape
The existing law on rape was found to
be inadequate to punish the culprits, who
have violated the dignity of a woman. The
legal provisions, regarding the burden of
proof, evidence, the manner of trial etc. were
very cumbersome and humiliating for women.
The presumptions in law were more in favour
of the accused than the victim of rape. This
situation has instigated more and more men,
and especially the police, to indulge in com
mitting rape. The case of 16 years old
Mathura, who was raped by two policemen
in a police station in Maharashtra has clearly
revealed the inadequacies of the existing law
on rape and desturbed socially conscious
persons. This has led women's organisations
to start a national compaign for reform of
laws relating to rape. The popular demand
for new laws to protect the dignity of women
has lead to the appointment of a Commission.
After thorough study of the matter, it put
forward the following suggestions.
Suggestions for changes in the law on
rape recommended by the Law Com
mission
1.
The present definition of rape given
under Section 375 f.P.C. must be
amended to include 'fear of injury,
Medical Service
eitheT to body, mind, reputation or
property as a reason for submitting
to sexual intercourse.
Consent
obtained by creating such a fear in
the woman is not a legal consent.
2.
Age of consent by a woman must be
raised from 16 to 18 keeping in line
with the minimum age of her
marriage. Sexual intercourse
of
husband with his wife below 18
years of age must be Considered as
rape.
3.
A woman should have the right to be
accompanied by her relative or friend
when she goes to the police station.
4.
Except in unavoidable circumstances
a woman should not be arrested after
sunset and before sunrise. In case
of urgent need of arrest between
sunset and sunrise, the police officer
must inform his superior officer and
get his permission.
5.
6.
7.
An arrested woman should not be
detained except in a place of custody
meant exclusively' for the detention
of women. In the absence of such
place, she must be detained in an
Institute meant for the welfare of
women.
An officer in charge of a police
station, who refuses to record the
commission of a cognizable offence
reported to him must be punished
with imprisonment up to one year,
or with fine, or with both.
A public servant who knowingly
disobeys the law regarding the atten
dance of women for investigation
must be punished with imprisonment
up to one year, or with fine or with
both.
April 1984
8.
A public servant (police, superinten
dent or women's welfare institutions
etc.) who had illicit sexual intercourse
with a woman in his custody must
be punished with imprisonment up to
two years or with fine or with both.
9.
Except in exceptional cases, the in
vestigation or trial of rape or other
sexual offences must be conducted
in camera (privately).
10.
Printing and publication of any
matter related with a rape case con
ducted in a court in camera must be
declared unlawful. Any person who
prints or publishes such matter with
out the permission of the court must
be punished with fine up to Rs.
1000.
11.
Any person who assaults a minor
girl under 16 years of age in an
obscence manner must be punished
with imprisonment up to 3 years, or
with fine or with both.
12.
A woman living separately from her
husband under a decree of judicial
separation or by mutual agreement
should not be considered as wife
under Section 375. If the man from
whom she was separated forces her
to have sexual intercourse with him
he must be punished for the com
mission of rape.
13.
A male police officer, while arresting
a woman must not touch her body.
If touching or catching the woman is
required, it must be done by a female
police officer.
14.
The person accused of rape and the
victim must be referred to a regis
tered medical practitioner for medical
examination without delay.
23
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15.
The medical practitioner, without
delay, must examine the accused/
victim and give a report of the
examination with the reasons for the
conclusions he arrived at. This report
must contain the following informa
tion.
* The name and address of the accused/
victim and of the person by whom he/
she has been brought to the medical
practitioner.
I
a female police officer, and, .in her
absence, by an authorised woman
representative of an organisation
engaged in the welfare services for
woman.
17.
When a statement made by a woman
is recorded by a mJle officer, her
relative or friend or a representative
of a women's organisation must be
allowed to remain present.
18.
Except in rare case, where the woman
' is of bad reputation, the victim of
rape must not be questioned in crossexamination regarding her past sexual
experience or relations and evidence
produced by the accused about her
. past sexual relations with other
people must not be admitted in
evidence.
19.
In a prosecution for rape, where
sexual intercourse is proved and if
she states in her evidence before the
court that she did not consent, then
the court shall presume that she did
not consent.
* The age of the accused/the victim.
* Marks of injury, if any, on the person
of the accused/the victim.
%
* The exact time of the commencement
and completion of the examination.
* Any other relevant information avail
able to establish or disprove the guilt of
the accused.
Note
In case of the examination of the victim
of rape the report must also include the
following :
•
* Whether the victim of rape was pre
viously used to sexual intercourse.
* General mental condition of the woman.
I
I
|
* Whether consent of the woman or her
guardian was obtained for the examination or not.
* This report must be sent as early as
possible by the medical practitioner to
the investigating police officer who
must forward the same to the concer
ned Magistrate without undue delay.
16.
If a statement of a girl under 12
years of age, against whom a sexual
offence is alleged to have committed,
is to be recorded, it must be done by
April 1984
The Criminal
1980
Law (Amendment)
Bill
In order to give effect to the recommen
dations of the Law Commission the govern
ment of India has framed a Bill in 1980.
The Bill ignores almost all the major
recommendations of the Law commission.
For instance, the Bill does not consider rape
under economic duress. It is vague about
the age of consent even though the Law
Commission raised it to 18 years. The Bill
is silent on the need of immediate medical
check up. It has not accepted the recommen
dation that the victim should be interrogated
at home by a polite woman. This attitude of
the Government has created ill-feelings and
frustration among women’s organisations
25
and women activists. They feel that the
proposed Bill is only an eye-wash and it will
protect only the interests of the police and
male chauvinists and not the safety and
dignity of women in India and they fear that
the Bill, as it stand, today, if passed, will do
considerable harm to the cause of women.
For further information in Legal matters
contact:
Director, Legal Aid
Indian Social Institute
Lodi Road, New Delhi 110 003.
Tel : 622379, 624760
Gram INSOCIN
Sending Girls to School
"Why should I send my daughter to
school?" asked a farmer in Haryana. "She
doesn't have to become a clerk!". No, she
doesn't have to become a clerk, but she will
become a mother, and if she is an educated
mother then she will have a better idea of
child care, nutrition, cleanliness, and a better
awareness of the factors which affect the
health of her family. After all, for almost all
children, the most important primary health
care worker is the mother. For it is usually
the mother's level of education and access to
information which will decide whether or not
she will go for a tetanus shot when she is
pregnant; whether a trained person will be
present at the birth; whether she knows about
the advantages of breast-feeding; whether her
child will be weaned at the right time; whe
ther the best available foods will be cooked
in the best possible way; whether water will
be boiled and hands washed; whether bouts
of diarrhoea will be treated by administering
food and fluids; whether a child will be
weighed and vaccinated; and whether there
will be an adequate interval between births.
A very good illustration of this truth is
found in Kerala. The State of Kerala has the
highest literacy rate among women in India,
and the lowest infant mortality rate in the
country. The State also has a very good
status in the field of health, family planing,
26
cleanliness, environmental sanitation, and of
course, the reduction of infant mortality rate.
All this points to the effect that the education
of the mother has on the survival and healthy
growth of her child.
There is still a resistance to the idea of
female education in our country and as a
result there is a significant difference between
the enrolement and the school drop-out rates
of boys and girls. The reasons for these are to
be found more in the society than in the
school itself. Even 'free' education is expen
sive when parents are too poor to easily
afford books, clothes, shoes, etc. For girls—
who are often wanted to help with household
tasks and child care and for whom education
is often not considered to be so necessary—
this expense may prove to be too much. But
the dividend that this investment will pay in
the long run has to be understood by all
parents. They have to understand that educa
tion is not meant- for career training only.
Whether the girl enters the work-force or not,
investing in a minimum of four years of
school for her is one of the most cost-effective
investments which any parent can make for
the future. Because any mother who is
literate has both more opportunity to learn
about new ideas and more confidence to put
them into practice.
-Courtesy : A Small Voice
Medical Service
How to Turn Your Child into a Crook
1. Begin from infancy to give the child
everything he wants. In this way he will
grow up to believe that the world owes him
a living.
2. When he picks up bad words, laugh
at him. It will encourage him to pick up
'cuter phrases' that will blow the top of your
head off later.
3. Never give him any spiritual training.
Wait until he is twenty-one and then let him
decide for himself.
4. Avoid the use of the word 'wrong'. It
may develop a guilt complex. This will con
dition him to believe later when he is arrested
for stealing a car that society is against him
and he is being prosecuted.
5. Pick up everything he leaves lying
around-books, shoes, and cloths. Do every
thing for him so he will be experienced in
throwing the responsibility on others.
6. Let him read any printed matter he can
get his hands on. Be careful the silver-ware
and drinking glasses are sterilized, but let his
mind feed on garbage.
7.
Quarrel frequently in the presence of
the children. Then they won't be too shocked
when the home is broken up.
8. Give the child all the spending money
he wants. Never let him earn his own. Why
should he have things as tough as you had
them ?
9. Staisfy his every craving for food,
drink, and comfort. See that every desire is
gratified. Denial may lead to harmful
frustration.
10. Take his part against the neighbours,
teachers, and policemen. They are all pre
judiced against your child.
11. When he gets into real trouble,
apologize for yourself by saying, 'I never
could do anything with him.'
12. Prepare for a life of grief—you will
have it.
courtesy: Herald of Health
International Conference on Hospital and Primary Health
Care—January 20-25,1985
Objective :
Language :
— to provide an opportunity for the descrip
tion and discussion of noteworthy innova
tions and developments that have taken
place in different countries in relation to
the role of hospitals in Primary Health
Care.
—English
Participants :
— doctors, nurses, administrators, commu
nity health workers etc.
April 1984
Registration fee :
Rs. 500/— Delegates from India
Accompanying persons
Rs. 300/from India
For further details, please contact:
Dr. P.N. Ghei
Secretary General
Indian Hospital Association
C-ll/72 Shahjahan Road
New Delhi 110011
27
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28
Medical Service
What in Whooping Cough
Whooping cough is caused by a bacteria,
and occurs mainly in infants and young
children. The child is very infectious during
the early stages of the disease.
Symptoms :
Five to eight days after contact with an
infected person, the following symptoms
appear:
1st Week-The child has a cold, a cough and
a running nose.
2nd Week-The cough gets worse.
-The child struggles to cough.
-He cannot stop coughing. He is
* frightened. His eyes bulge.
-At last, he breathes in. The breath
is a noisy 'whoop'.
-Day and night it is the samecough-whoop-vomit. Infants un
der 6 months cough and vomit
but may not 'whoop'. The severe
coughing can cause bleeding in
eyes and eyelids.
3rd Week and after-The cough slowly goes
away.
Whooping cough can affect the lungs and
the brain. It can also weaken the child.
Prevention :
All children must be immunised. Three
separate doses of DPT are needed for the
body to produce sufficient antibodies. These
doses are given in the first year of a child's
life, usually between 3 to 9 months, at an
interval of one to two months. In order to
maintain immunity, an additional 'booster'
dose of the vaccine should be given when
the child is 1| to 2 years old. DPT protects
the child against three disease—whooping
cough, tetanus and diphtheria.
courtesy', A Small Voice
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April 1984
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29
CHAI
NEWS
NOTES
A Miraculous Cure
To those interested in a miraculous cure,
I relate my story :
My name is Bhattacharya, and I am 24
years old. I was a driver in Calcutta with the
State Transport. I fell in love with a girl of a
lower caste. We wished to marry but difficul
ties arose because I was a Brahmin of a higher
caste. So we married at a Registry Office.
For about two months we lived happily. Then,
my parents suggested that a reception be
given to enable our respective parents and
relatives to meet each other. My wife and
I were happy to agree to this proposal.
Sweet meals and other dishes were supplied
and we partook of food offered to us but
sad to relate my wife and I were suddenly
taken ill and striken with paralysis on one
side of the body. A doctor was called and
we were treated for some time but without
any cure. I was unable to pursue my work
and due to mental and physical condition our
condition deteriorated. We both were bed
ridden and thus developed deep bed-sores.
Our parents did not come to see us after the
reception. We felt we were given some evil
thing to eat there, because how did it happen
that two healthy persons were suddenly
stricken with oneside paralysis after eating
food prepared by some one unknown to us ?
We were almost at the point of death
when a neighbour informed Sister Brigid
belonging to St. Joseph's Convent, Chandannagore of our plight. She came immediatly
to see us and heard our story. We accepted
her kind offer to treat us. Incidentally she is
the Sister-in-charge of the clinic run by the
nuns of St. Joseph's Convent. Many of the
30
hundreds of patients Sister Brigid treats
claim she cured them of their serious ail
ments. Sister Brigid visited my wife and I
regularly for about two months and cleaned
our deep bed-sores. She treated us and also
prayed for our speedy recovery. I am now
able to write this true story of a miraculous
recovery of two human beings. I have been
reappointed with the State Transport and
ready to start driving once again. My sincere
and grateful thanks to the almighty Lord and
His handmaid Sister Brigid of St. Joseph's
Convent, Chandahnagore.
WHO Seminar on Smoking and
Health
26 March 1984 : The growing incidence
of cigarette smoking, particularly among the
young in developing countries, is assuming
menacing proportions. In the process, it has
become a major public health concern.
To examine the present situation and
evolve suitable guidelines to implement
various initiatives to curb this dangerous
habit, which accounts for nearly 30% of all
cancers, an inter-country seminar organized
by the WHO South-East Asia Regional Office
in collaboration with WHO/Headquarters and
the Swedish International Development
Agency opened in Kathmandu today.
Attended by senior health officials from
six countries in the Region, the seminar will
discuss and further develop national pro
grammes aimed at smoking control. Consi
dering the well-established, relationship bet
ween tobacco chewing and oral cancer and
Medical Service
cigarette smoking and lung cancer, the semi
nar will attempt among other things, to
examine the issue in a larger perspective as
more than mere health intervention are re
quired. For instance, the question of crop
substitution, legislation, health education and
introduction of other regulations which will
prohibit the sale of cigarettes to the young,
as in the case of alcohol, will need to be
examined in the context of the economic
issues involved.
As the WHO Regional Director SouthEast Asia, Dr. U Ko Ko, said in his message
to the seminar, there was no longer any
doubt that the tobacco habit, consisting of
smoking or chewing tobacco, was directly
related to serious health hazards. It was
estimated that globally, about a million
people die as a direct or indirect consequence
of the tobacco habit. Eighty per cent of
cases of lung cancer were associated with
smoking. An equally high or perhaps a
higher percentage of cases of oro-pharyngeal
cancer, one of the commonest cancers in
several countries of the South-East Asia Re
gion, was associated with the chewing of
tobacco. Chronic Bronchitis, ischaemic heart
disease and also certain adverse effects on
the foetus in pregnant women smokers were
the other health consequences of the use of
tobacco, the Regions I Director said.
Stressing the need for effective action
based on the appropriate education and infor
mation of the population, the seminar will
urge the member countries to take stock of
the situation in order to develop a sound
programme against smoking.
The seminar will also focus attention on
how to prevent children and adolescents
from acquiring the habit of smoking, and
simultaneously, to wean smokers from the
habit. The need for research in finding ways
of making tobacco less dangerous, both for
smoking and chewing, will be stressed. The
April 1984
fact that precious forest resources are con
sumed in large quantities for the tobacco
curing process will also be highlighted.
Tenth Session of WHO SouthEast Asia Advisory Committee
on Medical Research
The tenth session of the WHO South-East
Asia Advisory Committee on Medical
Research (SEA/ACMR), was opened in
Dhaka, Bangladesh by His Excellency Maj.
Gen. M Shamsul Haq, Minister of Health and
Population Control.
The session, chaired by Professor Prawase Wasi, Vice Rector, Mahidol University,
Bangkok, was attended by eminent scientists
and researchers from various health-related
disciplines in the Region. Prof. V. Ramalingaswami, Director-General, Indian Council of
Medical Research, also attended the session
as a special invitee in his capacity as Chair
man, WHO Global Advisory Committee on
Medical Research.
Addressing the opening session, the WHO
Regional Director for South-East Asia, Dr. U
Ko Ko, said that research had placed in the
hands of the medical profession a powerful
instrument to relieve suffering and prolong
life, but the results of research must be
applied through health programmes within
reasonable cost in order to significantly
advance the health of the people in develop
ing countries. To achieve this the research
must be relevant to peoples needs.
The research policies of the Organisation
stressed the optimal use of the existing
resources and the need for mission-oriented
research. The policies also dictate the need
to rely and further develop a national
research potential in all its aspects and to
apply research findings, past and present, in
solving health problems.
31
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As a result of these policies a judicious
mixture of basic and applied research had
been instituted. Research was being con
ducted on priority health problems in the
Region, such as malaria, filariasis, leprosy,
diarrhoeal diseases, nutrition, maternal and
child health, environmental health and health
care systems.
Though the primary concern of health
services research was the organization and
management of health services, it was also
concerned with the application of health
technology to treat diseases, promote health
and prolong life. Recognizing its relevance,
the Member countries and WHO had embar
ked on health services research which would
contribute very significantly to the attainment
of the goal of health for all by the year
2000.
During its six-day session, the SEA/ACMR
among other agenda items, including pro
gress of' medical research in the Region,
reviewed the development of evaluation
methodology for primary health care, research
related to acute respiratory infections and the
spiritual dimensions of health.
Short-Term Paediatric Nursing
Course at Jawaharlal Institute
of Post-Graduate Medical
Education & Research,
Pondicherry, with financial
assistance from UNICEF
1.
Date
1st July to 31st Octo
ber 1984.
' 2.
Language:
English
3. Candidates will be paid daily allo
wance of Rs. 20/- per day and a travel allo
wance of maximum Rs. 300/- per candidate
by UNICEF, New Delhi.
4. The expenditure on Boarding and
Lodging is to be met by the candidates.
5. The candidates selected for the
course are required to wear their prescribed
uniforms while undergoing the course.
6. The applications in the following
proforma in duplicate for each candidate
separately will have to reach
Directorate General of Health Services
(Nursing Section)
Nirman Bhavan
New Delhi 110011
Latest by the 21st May 1984 positively.
—Executive Director
Proforma for application
Statement showing the particulars of the candidates recommended
for during
with the UNICEF Assistance.,
Professional
Age with
SI. Name of the
Name of the Course if
date of
training
any attended experience
No. candidate in
birth in
school with • trained with submission
Block letters
Christian
date where name of place in training
with full
era.
with dates
State Place
trained as
Address.
e.g. post
with course.
Nurse &
Midwife.
certificate
April 1984
Position to
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held
after
Remarks
at
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Medical Ethics Forum-34
Fr. George Lobo sj
Impotence and Valid marriage
Case :
A girl know that her prospective partner
is impotent. She is ready to accept a union
without complete sexual act and without
children. Can they enter into a valid mar
riage?
In the past when'procreation was gene
ra ly regarded as the primary end of marriage,
it was evident that one who was impotent
could not validly marry. Now as the stress is
on partnership and love, many are wondering
whether impotence (Or inability to perform
normal and complete marital act should be
considered as a total barrier to marriage).
However, Canon Law is very clear on the
matter : "Antecedent and perpetual im
potence to have sexual intercourse, whether
on the part of the man or on that of the
woman, whether absolute or relative, by its
very nature invalidates a marriage." (Can.
1084. 1).
This is because marriage is "partnership
of the whole of life" which evidently includes
the capacity to perform the marital act.
Partial sexual stimulation by its nature is
ordained to complete sexual activity which
April 1984
a person who is impotent cannot perform.
So it is not sufficient for valid marriage that
the couple intend to and are satisfied with
in complete sexual activity.
The above argument is from the nature
of marriage and its specific activity. But
even from a practical point of view the
marriage of a girl with a certainly impotent
man in far from being advisable. Apart from
the difficulty arising from want of children,
a life long abstinence when it is not called
forth from a rare spiritual motive or mutual
sexual stimulation without the possibility of
normal satisfaction would put too great a
strain on the relationship.
Anyway the Church is categorical about
excluding marriage of an impotent person.
If there is a doubt about the condition, the
Church would permit the marriage to take
place (Can. 1084,2). If later the impotence
becomes certain, the Church would grant an
annualment with the possibility of the other
partner entering into another union or grant
a dissolution of the bond on the ground of
non-consummation. Even when the im
potence is doubtful, the girl should be
coutious about entering into the union lest
she may have to suffer a lot of frustration.
35
Applications are invited urgently for the following posts at Evangelical
Mission Hospital, Tilda, M.P. which is a 110 beded General Hospital running
"A" Grade School of Nursing, situated in a semi-urban region.
1.
One Laboratory Technician—CMAI Diploma or equivalent. Salary
Scale—Rs. 310-10-340-15-460-20-6604-D.A. 30% of basic salary
and Uniform.
2.
Staff Nurses Midwives—"A" Grade General Nursing and Midwifery.
Salary Scale—Rs. 350-10-390-15-540-20-840+D.A. 30% of basic
salary and Uniform.
3.
A.N.M.s—Salary Scale—Rs. 250-7.50-280-10-360-15-510-f-D.A.
30% of basic salary and Uniform.
4.
Community Health Worker—Matric Nurse—Midwife with one year
post-graduate course in Community Health Nursing and experience.
Salary—Negotiable.
5.
Hostel Matron—An elderly lady ex-matric pass or a retired General
Nurse without any incuberance. To look after the Nurses' Hostels
training "A" grade nurses, both male and female students having a
total of 50 students. Salary negotiable.
Apply with complete bio-data to the
Director
Evangelical Mission Hospital
Tilda, Neora PO 493 114
Raipur Dist, M.P.
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with donations received from
international organisations.
And get it at 25% less than
the local price!
THE PREMIER
AUTOMOBILES
LIMITED
Lal Bahadur Shastri Marg. Kurla
Bombay 400 070.
Sista’ s-PAL-4/84 R
CJ Ambulance available with
imported Peugeot Diesel Engine XDP-4.90
FC light commercial vehicles
MAHINDRA AND MAHINDRA LIMITED
Worli Koad No. 13, Worli, Bombay 400 018.
Delhi • Calcutta • Madras • Bangalore
Position: 2969 (5 views)