Is the Dattatray Nursing Home episode a hype or a reality?

Of late it has been observed that, all laws are misused in India. That means, one can harass another person by filing false police complaints and court cases and this is a kind of norm in Indian judicial system. However, the problem with many special laws for women and weaker sections of the society is, not just its misuse. Anyone who is accused under these special laws is considered guilty until proven innocent and is denied a fair trial. This violates Universal Declaration of Human Rights, of which India is a signatory. The recent Supreme Court judgment in a case related to section 354 has brought clarity to section 354 of the Indian Penal Code, 1860. Section 354 deals with assault or criminal force to a woman with intent to outrage her modesty in circumstances in which the offender intends to so do or knows that it is likely that his actions will have the same result, but it does not define what constitutes a woman’s modesty.

Now that void is filled. The Supreme Court has said that “the essence of a woman’s modesty is her sex” and that “the act of pulling a woman, removing her saree, coupled with a request for sexual intercourse... would be an outrage of the modesty of the woman; and the knowledge that modesty is likely to be outraged, is sufficient to constitute the offence.” But the problem is that the definition of molestation makes an assault on a woman culpable only if it is done with the intention of outraging her modesty. Redressal has been problematic in the absence of a liberal and expansive definition of ‘modesty’ and ‘intention of outraging’, courts have displayed a patriarchal mindset in dealing with the victim.

Recently, the Indian Supreme Court repeated its warning to the Indian Government and urged the Govt to take steps to stop misuse of gender based laws like Section 498a of IPC. Expressing concern at the rise in number of complaints under Section 498A, the Bench said, "We come across a large number of such complaints which are not even bona fide and are filed with oblique motives."

A few days ago, a Doctor Narendra Nanavare, 32 years residing at Dharavi and attached with the Dattatray Nursing Home at Dattamandir, Vakola was arrested by Vakola police and charged u/s 354 IPC. The entire episode sparked a wide-spread media glare. What’s the reality?

Last week, Nirmala (name changed) admitted her two-month son at Dattatray Nursing home as he was suffering from fever. The child was being treated in the ICU. On Wednesday it was complained that the night shift doctor Narendra checked up the child and later informed Nirmala that she too has to undergo a check-up. Since the woman objected for an examination saying that she is well, the doctor is alleged to have forced Nirmala for a check-up. Later it has been reported that the doctor requested the lady to undress and indulged in indecent acts on the lady. She then narrated the incident to the nurse in ICU. While confirming with the doctor on the incident he bluntly refused the allegations and proved his innocence. However, after Nirmala’s husband and relatives came she narrated the incident to her husband and they went to Vakola Police station and lodged a complaint against Narendra. The doctor was then arrested u/s 354.

The incident had been widely reported by the media. However, Santacruz Patrika acclaimed for its job on investigative journalism carried out its mission. While clarifying with Nirmala who spoke to Santacruz Patrika said, “It was on Wednesday early morning Narendra approached me and informed that I will have to undergo a medical check-up. To this I objected since I was in good health and was surprised on the check-up.” Adding further she said, “However, since Narendra insisted I presumed it could be linked to the condition of my child as he was being breast feeded. Then I allowed Narendra to go ahead with the check-up. Initially, he asked me to remove the buttons of my blouse. Thereafter, he indulged in indecent acts with me. In the meantime the ward boy woke up and went to the toilet. After the ward boy came back from the toilet and I turned around I noticed Narendra zipping his trouser. Then I immediately rushed to the nurse and narrated the incident.” Thereafter, it is learnt that the nurse clarified with the doctor who refuted the allegations. Also after calling up Dr Rakesh Duggal and speaking to him and narrating the incident Nirmala said that Dr Duggal too on the contrary supported Dr Narendra and informed me that I might be dreaming.

But, there is a different angle to the story. While speaking to Santacruz Patrika, Rakesh Duggal of Dattray Nursing Home clarified, “The accused doctor Narendra has been associated with us since the past six years and has a clean character. I had been in the hospital till 6am and while Nirmala’s child was crying I woke up Nirmala from her sleep and requested her to attend to the child” “Afterwards I left and after receiving a call it took to me as a shock and since Nirmala was already in slumbers, I presumed that she might be dreaming as Narendra is with us for past six years who is a doctor of good character.” commented Dr. Duggal.

Further clarifying Dr Duggal said that Nirmala and her family are our patients for the past 5 years and like family friends. Both Nirmala’s children were born in this hospital and also her husband has several times received treatment here. When questioned about his version Dr Duggal elaborated, “In the ICU it is impossible for this type of incident to happen. In the ICU next to Nirmala’s bed were two other patients. An old lady who was next to Nirmala remains awake the whole night. Also, besides a nurse in the ICU there is a ward boy.” “Further, during the time of the incident an ayah was washing clothes in the bathroom opposite the bed. Also every patient has a bell for any emergencies. Further, when the incident took place early morning as narrated by Nirmala, why didn’t she ring the emergency bell? Secondly, why Nirmala reported this matter to the nurse after a prolonged period? However, whatever has transpired is unfortunate which I feel is more to malign the reputation of the hospital”, remarked Duggal.

While speaking to Dr Narendra who has been accused of molestation on his mobile denied the charges and proved his innocence. While clarifying with Santacruz Patrika, Dr Narendra’s close friend who was briefed of the incident before his arrest and who preferred anonymity said, “Dr Narendra has been made a scapegoat as the incident was related more to payment of hospitalization bills. Since Nirmala wanted to avail of Mediclaim the dispute was more related to formalities related to Mediclaim and the entire incident was fabricated.” While confirming with Dr Duggal he too voiced the same version and clarified, “Since Nirmala and the entire family are covered under Mediclaim, she had requested her hospitalization bills to be cleared through Mediclaim.” Dr Duggal also confirmed that they have outstanding bills of around 35,000 to be paid to the hospital and they are due to receive payments through Mediclaim shortly of previous bills. “Presuming they wanted an escape route to non payment of outstanding hospitalization bills this episode appears a fabricated and cooked up story,” admits Dr Duggal.

Further elobarating Dr Duggal questioned, “If Dr Narendra had molested Nirmala why would he have called up her husband and requested him to rush to the hospital? Also why would have Narendra stayed in the Hospital almost till 10am until the family came? Lastly, why had the family to attack Dr Narendra and another staff of the hospital?” “It was only after he was attacked he fled from the hospital which any doctor would run for shelter”, clarified Duggal.

Suggesting a note of caution for the future, Dr Duggal emphasized, if doctors are going to be made scapegoats then no doctor will take the risk of examining lady patients which again is deterrent to the profession. He further questioned – In emergency cases involving life and death, do you expect doctors to shun examining lady patients? Again if we shun our responsibility it will backfire on our profession. In such a situation doctors are at criss-cross!

Lastly, while speaking to Nirmala she admitted that she has spoken to the hospital management and informed that if Dr Narendra apologizes she is willing to pardon him and forget the incident. However, it is learnt through some unconfirmed sources that the Nirmala family is negotiating with the doctor and his family for a compromise. Is compromise a solution to the defaming of the medical profession?