Guilty without even a hearing

September 15, 2024

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Civil society in Bharat, called India, is currently discussing two major issues. The first is the rape and murder of a junior lady doctor in a teaching hospital in Kolkata. The second, allegations levelled against the SEBI Chairperson and her husband.

Why talk about this now? Silence is no longer OK. It will take our society to unmitigated misery.

The first is a heinous crime, to all appearances conducted in the know of the state’s ruling political dispensation, including the law and order machinery of the state. The CBI is unable to identify any person/s responsible for the event, probably because relevant evidence has been destroyed. Citizens most adversely affected are junior doctors, like the victim. Their brave protest, against the inaction by the powerful people ranged against them, is not getting the support it deserves. Further, the reason the doctor was murdered is forgotten in all the dust and noise. Even worse, the justice delivery system is pushing junior doctors to resume duty, holding them responsible for the suffering of patients who need their help. Why are these obviously talented and hard-working young people being treated thus? Can our society benefit from this behaviour? The Chief Minister of the state has offered to resign. This news doesn’t seem to affect anyone. Possibly because the offer lacks sincerity, and doesn’t appear oriented towards arriving at a real solution.

We need to keep this issue alive till a proper and full redressal is not just delivered, but is also seen to be delivered. The guilty must be found and given exemplary punishment, such that others think a hundred times before taking even a single step in the direction of committing such crimes. Further, the entire system and infrastructure of medical education must be amended to ensure it is safe for young people, and promotes education in the manner it ought to. More than just medical education, the entire public health infrastructure needs positive and long-lasting reform. This is a huge ask. Today it may appear pathetically na?ve. But, I see no other solution. Junior Doctors and medical students are not the ones at fault. They need to be heard, those responsible need to provide competent and sensitive responses to remedy the situation and make it positively future-oriented. I am not offering solutions here. But, I am aware, as a lot of us are, that there are people who can suggest remedial measures and help to make them happen. The will of those in power is the key need.

The second is the media circus against the Chairperson of SEBI, and her husband. Either blatant falsehoods or convenient incorrect interpretations of ‘facts’ are being spread to tarnish their image. The couple’s friends released information, clarifying that the allegations have no merit. Mrs and Mr Buch put out a clarificatory press release ending with an anguished observation that those levelling allegations aren’t really interested in facts, but more in doing harm to their reputation. People making the allegations are obviously motivated by political concerns. Their main concern appears to be generating negative press. That is nowadays almost normal coming from them. However, it is disturbing to see educated people making conclusions without attempting to obtain facts. It is sad but not surprising. It is easy to go along with noise, far more difficult to establish facts. So, most people, busy with their own lives, give credence to noisy allegations, even if they’re from questionable sources.

Here again, we must ask - Why do we feel comfortable running down such obviously talented and hard-working people, with an established record of competent performance, and trying to do tough jobs? How do we think it will benefit our society, or us? Should proof-less allegations lead us to change our thinking about people? Why is the press content to merely report what someone is saying without doing rigorous homework to substantiate their tall claims - when verification does not need any great effort or time? Obviously, suspicion and surmise are easier than serious research. I do not know whether the SEBI Chairperson is blameless. But, my primary assumption must be and is, that she is. Right-thinking people, in their own interest, must seek fact-based proof before giving credence to allegations against her.

Can market players whom SEBI has regulated fairly, and business leaders from corporate India, rally? To ensure that committed and functioning officials are not targeted and they and their institutions are not hurt, to the detriment of our nation’s interest, in order to satisfy some political or other bad intent? Let’s not be gullible about either party. But, let’s ensure that facts are ascertained and a clear narrative is established, before forming a view. Again, am I being na?ve? Do we have the spirit to ensure that we establish methods for redressing the harm done to an individual and the institution that person heads, based on ill-founded allegations, and bring to book the people who have done so? Will our industry and business leaders and their associations stand up and get counted?

Today, the SEBI Chairperson. Tomorrow, who else? If it is someone far less high-ranking, and from a private enterprise, the harm doable to such a person would be far larger. Business leaders must see this as the rot it is, and take swift remedial actions to stem it.

Let us not behave like the frog in the pot of water slowly being brought to a boil. Before we are cooked alive, we must jump out of our somnolence and lethargy. Those blessed with much wealth and power must assume much responsibility. Corporate Bharat cannot sit quiet any longer. Neither can the press report without examination. Before this infection reaches into our homes, and claims us as victims, we need to inoculate ourselves and raise further defenses.

Do we have political and administrative leaders prepared and able to rise to this challenge? Is our society awake enough to bring such people to the fore? This is the S from ESG that corporates need to address.

Governance is too important to be left to government alone. Business must step up.

#criminal justice system #rape #murder #medical education #health care system #corporate governance #ESG #governance

Shailendra Pratap Jain

Bret Wheat Endowed Professor at Michael G. Foster School of Business, University of Washington, Seattle

2 个月

Thanks for covering this topic. You aptly say: "The guilty must be found and given exemplary punishment, such that others think a hundred times before taking even a single step in the direction of committing such crimes." Please consider my 2 cents. After the swift punishment is dished out, it must be publicized heavily so awareness of both, the crime and the punishment are known as widely as possible. Without such awareness, the needle may not move much.

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