Arrests of doctors in Gujarat violence
Medical councils must investigate all reported violations
of medical ethics
The arrests on April 4, 2009, of gynaecologist Maya Kodnani and
pathologist Jaideep Patel for their roles in the anti-Muslim pogrom in Gujarat have rightly
received national media coverage. However, the implications for the ethics of the medical
profession have found no mention. Medical associations and "prominent" clinicians,
otherwise so ready to give sound bytes on all events medical, have maintained a conspicuous
silence on this matter.
On March 27, 2009, Justice D H Waghela of the Gujarat High Court cancelled the anticipatory
bail granted to the BJP state minister for higher education, Dr Maya Kodnani, and the
general secretary of the VHP, Dr Jaideep Patel.
The High Court found prima facie evidence that Kodnani and Patel were at the scene of the
"Naroda patia" and "Naroda gaon" massacres in Ahmedabad on February 28, 2002.
Eye witnesses had stated that these two doctors were guilty "of inciting or encouraging the
mobs into wanton display of hatred, destruction of properties and killing of innocent men,
women and children". Over 100 Muslims were slaughtered.
The judgment quoted the March 26, 2008 order of the Supreme Court: "If in the name of
religion people are killed, that is absolutely a slur and blot on the society governed by
the rule of law... Religious fanatics really do not belong to any religion. They are no
better than terrorists who kill innocent people for no rhyme or reason... "
This is one of many cases of the anti-Muslim pogrom of 2002 in Gujarat that need to be
reinvestigated and the culprits tried so that the victims get justice. It is also a litmus
test for medical ethics, for the stewardship of the medical profession and for the
governance mechanism for the observance of medical ethics in India, as it involves the
participation of two prominent doctors in the killing of minorities.
In addition to the observations of the High Court, the 2002 report of the Concerned
Citizens Tribunal (Vol. 1, page 41) accused both Kodnani and Patel for being "instrumental
in encouraging other accused to commit violent sexual crimes".
The Concerned Citizens Tribunal and various other investigations have also accused at least
three other prominent doctors - Dr Amita Patel, Dr Bharatiben and Dr Praveen Togadia - of
similar participation in mass violence, with Dr Togadia as the ring leader. Further, two
medical associations (National Medicos Organisation and Amdavad Doctors' Forum) have
been named for their support to the Gujarat pogrom.
In early 2003, the Medico Friend Circle made a formal complaint to the Medical Council of
India against Dr Praveen Togadia for his role in the 2002 violence. The petition was
signed by over 100 doctors and widely reported in the media. However, neither the MCI nor
the various associations of the medical profession have cared to even start the process to
weed out these unethical doctors from their midst.
The medical councils have the power to independently investigate reports of violation of
medical ethics by members of the profession. Will the present judgment of Gujarat High
Court wake up the Gujarat Medical Council and the Medical Council of India to their
responsibilities?
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Amar Jesani
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