THE HINDU EDITORIALS Indias voyage to Mars Indias first interplanetary probe, the Mars Orbiter Mission, has

left home on the first leg of a voyage of scientific discovery. Once again, the Polar Satellite Launch Vehicle developed by the Indian Space Research Organisation performed its task with impeccable ease. A long and difficult trek now lies ahead of the spacecraft. It will circle Earth for the rest of this month, repeatedly firing an onboard liquid-propellant engine to gain velocity. Shortly after midnight on November 30, the engine will fire again to put it on course for the Red Planet, a journey of 680 million kilometres that will take almost 300 days to complete. Such deep space missions have inherent risks, especially for a country attempting one for the very first time, and failures litter the history of Mars exploration. Only the Soviet Union, the U.S. and Europe have succeeded in getting spacecraft to the fourth planet from the Sun. Japan, a nation whose space programme began well before Indias and which has rich experience in a variety of space missions, ran into problems that ultimately crippled its maiden Martian venture launched in 1998. The Nozomi spacecrafts propulsion system malfunctioned and then powerful solar flares seriously damaged key components. The probe ended up shooting past Mars, instead of going into orbit around it. China tried to hitch a ride for its Yinghuo-1 spacecraft on Russias PhobosGrunt. But the latter was unable to leave Earth orbit and burnt up as it fell to the ground early last year. If India does triumph with its Mars mission, it will have stolen a march on its Asian rivals. But it will not mean that this country has pulled ahead of Japan or China, which have far more advanced capabilities in many areas of space technology. However, with efforts like the Chandrayaan-1 lunar probe launched five years back, the present Mars mission, and Chandrayaan-2, which will attempt to put a lander and rover on the Moon in a few years time, ISRO is unmistakably signalling its intention of being a significant player in space exploration. Should money be spent on such ventures? Questions about the worthwhileness of the space programme are nothing new.

Studies have, however, shown that the country has more than recouped the money it invested in space. But those returns were not immediate and took many years, even decades, to materialise. It is difficult to predict all the benefits that might accrue from something like the Mars mission, some of which may be intangible but nevertheless vital for the country in the long run. The most important of such benefits could well be to fire the imagination of young minds in this country, getting them to dream about possibilities for tomorrow. In support of patient rights The Supreme Courts award of a record compensation of Rs.5.9 crore in a case of medical negligence is in continuation of its well-considered stance of balancing the rights of patients with the legitimate protection of doctors when they are on call. The significance of such an approach cannot be overstated in the specific context of India, where the health care system in the public and the private sector functions under sub-optimal conditions; while the entire medical profession operates within the purview of the Consumer Protection Act. Through successive judgments, the court has sought to address the question of criminal culpability of medical practitioners. It has insisted that the police cannot be allowed to proceed against doctors for negligence, unless authorised by expert medical opinion. An important parallel to this line of reasoning is also the legal protection guaranteed to doctors to facilitate instantaneous and cashless treatment of victims of road accidents. In the instant case involving a private hospital in Kolkata, the apex court maintained in its 2009 verdict that for negligence to amount to an offence, criminal intent on the part of medical practitioners would have to be established. It thus upheld the Calcutta High Courts acquittal of two of the doctors, even as it affixed civil liability. In fact, weighing all the relevant facts of the case, the highest court has more or less tripled the amount of compensation originally determined by the National Consumer Disputes Redressal Commission. To that extent, it may be said to have struck a reasonable balance between the irreversibility of

the loss of a precious human life and holding the medical fraternity to account for dereliction of duty. Governments must draw important lessons from the culmination of the 15-year long judicial battle. There is, above all, a need for mandatory accreditation of all medical facilities in the public and private sectors and an independent evaluation of their performance. This is a key recommendation in the report of the High Level Expert Group on Universal Health Coverage of the Planning Commission. A health regulatory authority to develop legal, financial and regulatory norms is the other proposal in the report. The implications of these should be selfevident in the current scenario of forprofit model of providing health care. Indias doctor-to-population ratio is well below the World Health Organisation stipulation of one per one thousand and calls for urgent corrective intervention. The mission of a medical professional is to heal the sick and, arguably, to create a disease-free environment for healthy living. While fixing accountability is important, a concerted all-round effort is needed to realise that objective. A flawed and unwarranted move The Election Commission might be well-intentioned in seeking to ban opinion polls in the run-up to an election, but the move does not seem to be sound in law, and is certainly not desirable in practice. The reasoning for a ban is that opinion polls influence voters prior to polling, and therefore the results of such polls should be withheld until after the end of voting. Needless to say, this is a flawed argument, and a ban, while imposing needless restrictions, will not in any way enhance the purity of elections. Whether opinion polls influence voting is debatable, but even if they do, that is no reason to ban them. Election campaigning ends only 48 hours before polling closes, and political parties and their supporters are free to indulge in propaganda to influence voters till then. If parties and candidates are allowed to try and influence voters during the campaign period, why cannot the media or others publish poll findings that may or may not influence voter behaviour? Even if some of the surveys are not scientific, and some others are fraudulent just as some election manifestoes may include tall

promises a ban cannot be the solution. Opinion polls that are not transparent and are carried out unscientifically, quickly lose credibility. In any case, the voters must be allowed to judge for themselves the extent of reliability of the innumerable opinion polls and exit polls. Actually, any ban on opinion polls runs counter to Article 19 (1) (a) of the Constitution that provides all citizens the right to freedom of speech and expression. Of course, this freedom is subject to reasonable restrictions listed in Article 19(2): in the interests of the sovereignty and integrity of India, the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. Any hypothetical influence on voters does not figure in this list. Any ban would therefore contravene the fundamental rights guaranteed under the Constitution, and belittle the intelligence of voters. Already, by a 2009 amendment to the Representation of the People Act, restrictions have been placed on the publication of results of exit polls from the beginning of polling on the first day in a multi-phase election till half an hour after the close of polling in all States. The rationale behind the restrictions on exit polls is their claim to greater credibility, and therefore, their greater ability to influence voters. The distinction between opinion polls and exit polls on this basis is surely untenable, but what needs to be done is the removal of restrictions on the publication of exit poll findings, not the placing of similar restrictions on opinion polls.

culpability a state of guilt *Through successive judgments, the court has sought to address the question of criminalculpability of medical practitioners.

acquittal a judgment of not guilty

*It thus upheld the Calcutta High Courts acquittal of all medical facilities in the two of the doctors, even as public and private sectors and an independent impeccable it affixed civil liability. evaluation of their without fault or error performance.

the culmination of the 15- untenable year long judicial battle. (of theories etc) incapable of being defended or justified accreditation *The distinction between the act of granting credit opinion polls and exit polls or recognition (especially on this basis is with respect to surely untenable, but what educational institution needs to be done is the that maintains suitable removal of restrictions on standards) the publication of exit poll *There is, above all, a need findings, not the placing of similar restrictions on for mandatory accreditation of opinion polls.

maiden Martian venturelaunched in 1998.

propulsion the act of propelling *The Nozomi spacecrafts propulsion sys tem malfunctioned and then powerful solar flares seriously damaged key components.

hitch to hook or entangle

*China tried to hitch a ride *Once again, the Polar for its Yinghuo-1 spacecraft affix Satellite Launch Vehicle on Russias Phobos-Grunt. attach to developed by the Indian implication Space Research *It thus upheld the Calcutta something that is inferred Organisation performed its High Courts acquittal of (deduced or entailed or grunt task with impeccable ease. two of the doctors, even as implied) issue a grunting, low, it affixed civil liability. animal-like noise *The implications of these should be self-evident in trek *China tried to hitch a ride the current scenario of forfor its Yinghuo-1 spacecraft dereliction profit model of providing any long and difficult trip on Russias Phobos-Grunt. health care. willful negligence *A long and difficult trek now lies *To that extent, it may be ahead of the spacecraft. said to have struck a contravene reasonable balance between the irreversibility of the go against, as of rules and venture loss of a precious human laws life and holding the medical venturesome ban would any fraternity to account *Any undertaking especially therefore contravene the for dereliction of duty. fundamental rights one with an uncertain guaranteed under the outcome Constitution, and belittle *Japan, a nation whose culmination the intelligence of voters. space programme began a concluding action *Governments must draw important lessons from well before Indias and which has rich experience in a variety of space missions, ran into problems that ultimately crippled its