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Crime and Punishment

Discussion in 'General Discussions' started by gopalan1937, Sep 29, 2010.

  1. gopalan1937

    gopalan1937 Silver IL'ite

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    She was already running late. No way except to take the risk and drive faster. That was what the nurse was doing on her way to hospital. As luck would have it, it is only at times like this misfortune knocks at your door.
    Poor woman, Saturn in the role of a cop trailed her and blocked her progress. She was giving her a ticket when she vented , “I hope you are not ever my patient,”.
    The officer was taken aback. He felt he was threatened and made a complaint to hospital authotities. The hospital authorities have forthwith dismissed her , in spite of the fact, nurse insisting that she was exercising her freedom of speech.
    The question now is
    i) was the nurse right to clothe her anger as a freedom of expression?
    ii) Was the hospital right in dispensing her services?
    gopalan
     
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  2. lakshmi1945

    lakshmi1945 Silver IL'ite

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    Hi
    Such things surely cannot happen in India. Where have we heard of our poor nurses giong to the hospital in a car? That too speeding? Is there a possibility to speed anywhere in urban India to speed? This has happened in some country like the US where everyone has to have a car.
    Lakshmi
     
  3. Nitha J

    Nitha J IL Hall of Fame

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    Hii
    By giving the nurse the speeding ticket the police officer was doing his duty.
    Whatever be the reasons for speeding are; it is absolutely risky to speed to the life driver; fellow passengers; pedastrians; other drivers in the road . We all will have our own reasons to speed; maybe we have woken late or our kids might be extra-cranky; an unexpected morning guest. If the police officer starts allowing speeding on the basis of such reasons; then our roads would be the more like venue for "formula one racing".

    When the police officer was doing his duty; the nurse says “I hope you are not ever my patient,”. In this case maybe the police officer would have felt that it threatened his funadamental right " right to life".

    Freedom of speech and expression is not an absolute right. It can be restricted on basis of security; public order; decncy; morality; incitement to offence etc etc .

    There is a misconception on the "freedom of speech and expression" that you can say whatever you want and can cloak under freedom of speech and expression. No it doesn't work that way. There is a line. Your freedom of expression shpuld not affect another person's fundamental rights. And yardstick of such measurement is "what a reasonable man will feel (a man with common prudence)".

    Hope you understand the "intricacies" involved in applying law.

    Moreover; personally I think the dismissal has more to do with violation of proffessional ethics or/and employment/appointment clauses and less to do with violation of fundamental rights

    -Nitha
     
    Last edited: Sep 30, 2010
  4. gopalan1937

    gopalan1937 Silver IL'ite

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    Poor nurses of India mostly use two wheelers nowadays. Moreover cops dont issue tickets for violation of traffic rules. violations are the order of the day.Pedestrians are at great risk while walking on the road.
    gopalan
     
  5. gopalan1937

    gopalan1937 Silver IL'ite

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    Ms.Nitha,
    Thanks for your excellent feedback In fact the incident did take place at US in a place called Colarado Springs and the nurse was working in Memorial Hospital. The District court has dismissed her appeal and she is on appeal.
    In this particular case , I felt, there was no question of rights violation. As for firing her, severe warning under intimation to the police officer might have served the purpose.
    gopalan
     

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