Reporters proved to be legal in the court of law - Part V

asthana.shaily thumbnail
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Posted: 10 years ago
#1
Hi guys,
today, lets review those two cases of Reporters which brought Kabir and Ananya first closer and then drifted them apart. The first case is Dr. Sinha's and the second case is of Mahi Malhotra. In Dr. Sinha's case, we saw a hidden aspect of Kabir's past and his relationship with Tarini. This case also built the essential base for Kabir revelation of past, much later and his ONS with Tarini. This case also told Kabir and we, the viewers, Ananya's absolute faith in her hero. Perhaps this was the case that brought Kabir, specifically close to Ananya. While, Mahi Malhotra's case is the one that dragged the two away from each other. While, Ananya remained firm with her values - the super important quality of being an ethical Reporter, we saw Kabir, being ruthless enough to sacrifice values for the sake of his breaking news. However, his dealing with the case and exposing the entire drug racket was praise worthy. This case also built up the essential base of Kabir's past which, Kabir points out specifically while confessing to Ananya that "In order to gain power, status and money, he was ready to do anything" so this confession well explains Kabir's approach to this case.
However, from the legal point of view, both the cases were well handled by the Team Reporters since, in both the cases, the laws related were well covered and explained to the viewers. Let us see how...

Dr. Sinha's case: This case was a typical example of how the reliefs given to women in this country are misused by some females raising a question mark even to the genuine cases. In this case, the tiff between medical intern Neha Kapoor and her Prof. Sinha and Kabir taking the side of Prof. Sinha not only confused KKN but viewers also and then Manav Gupta grabbing the opportunity to defame Kabir by bringing Tarini into limelight with the help of a rival channel Khabar 29. The viewers got completely engrossed in this case due to two reasons. Firstly, they got to know one hidden aspect of the past of Kabir, raising a big question on Tarini's presence in his life and secondly, we also witnessed our sexy EIC disguising himself as Dr. Pandey in the Government Medical Hospital to dig out the truth behind the entire thing. From the legal point of view, this case was equally important since, this single case covered two legal clauses at one go. The first legal clause was sexual harassment and the second legal clause was illegal kidney trade.

The first case of Neha Kapoor's accusation against Dr. Sinha came under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is a legislative act in India that seeks to protect women from sexual harassment at their place of work. For this, a Vishaka Committee is established which is supposed to complete its enquiry within a stipulated time. If the person accused is found guilty, then the punishment is really gruesome including rigorous imprisonment along with heavy fine in the form of compensation to the victim. However, the same act is unfortunately being misused sometimes for revenge or for other reasons as shown in this case. Since, the Indian Law is by default is bent towards women, hence, in such situations, the males are really not left with any option but to succumb to such accusations.

The second case of Kidney Racket refers to Transplantation of Human Organs Act 1994 and the Transplantation of Human Organs Rule 1995. Organ transplant law does not allow exchange of money between the donor and the recipient. According to the Act, the unrelated donor has to file an affidavit in the court of a magistrate stating that the organ is being donated out of affection. After which the donor has to undergo number of tests before the actual transplant takes place. The Authorization Committee set up for the purpose ensures that all the documents required under the act have been supplied. If it is found that the money has been exchanged in the process then both the recipient as well as the donor are considered as prime offenders under the law.

According to the Indian law, organ sales are banned and therefore no foreigner can get a local donor. Human organ transplant laws are very strict in India and the penalty incurred for organ trade is also very high. Hence, showing of Dr. Kapoor taking money from the recipient party and then taking out the kidney without the consent of Harprit Singh or his parents is major criminal offence in the eyes of law.

Mahi Malhotra : This high profile case led to the bitter fight between Ananya and Kabir since, Ananya preferred to keep Mahi under layers rather than making her come on air. In this case, Mahi Malhotra was shown a drug addict who was made so by the goons to physically exploit her from time to time. Under the Drug policy of India, Narcotic Drugs and Psychotropic Substances Act 1985, it is a crime to engage into selling, purchasing or consuming drugs, hence, Mahi Malhotra was clearly a guilty in the eyes of law. However it should also be noted that Mahi Malhotra's case came under Drug Abuse . The various clauses of this Act was very meticulously taken care of, in this particular case. Kudos to Team Reporters!!!

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-sharada- thumbnail
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Posted: 10 years ago
#2

Dr. Sinha's case: Agree with all that you said. Thanks for sharing all the legal details. This case also highlights how easy it is for a woman to make a sexual harassment case against a guy and make it stick...how easy it is to misuse this law..

Mahi Malhotra : Legally what you say is true, Shaily, but I have an issue with the way this case was handled professionally. When you are employed, your loyalty is first and foremost to your place of work. Ananya might have been showing humanitarian consideration by hiding Mahi at her place, but her behavior was highly unprofessional in the context of her job at KKN. She is first and foremost an employee there and should have shared the details with her seniors. If she wanted Mahi to get R&R, she should have tried to reason it out with her bosses, instead of taking unilateral decisions, the way she did. In a serial she did not face any long term repercussions, but in real life, this betrayal of trust is never taken lightly by any organization ...

asthana.shaily thumbnail
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Posted: 10 years ago
#3

Originally posted by: -sharada-

Dr. Sinha's case: Agree with all that you said. Thanks for sharing all the legal details. This case also highlights how easy it is for a woman to make a sexual harassment case against a guy and make it stick...how easy it is to misuse this law..

Mahi Malhotra : Legally what you say is true, Shaily, but I have an issue with the way this case was handled professionally. When you are employed, your loyalty is first and foremost to your place of work. Ananya might have been showing humanitarian consideration by hiding Mahi at her place, but her behavior was highly unprofessional in the context of her job at KKN. She is first and foremost an employee there and should have shared the details with her seniors. If she wanted Mahi to get R&R, she should have tried to reason it out with her bosses, instead of taking unilateral decisions, the way she did. In a serial she did not face any long term repercussions, but in real life, this betrayal of trust is never taken lightly by any organization ...


You are absolutely right about Ananya's stand. What she did in the serial, had she done in real life, the employers would have easily sued her on the charges of "BREACH OF TRUST", since, she had also taken a good amount of money for the case and it must have got registered on her name.
Vayuputras thumbnail
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Posted: 10 years ago
#4

Originally posted by: -sharada-

Dr. Sinha's case: Agree with all that you said. Thanks for sharing all the legal details. This case also highlights how easy it is for a woman to make a sexual harassment case against a guy and make it stick...how easy it is to misuse this law..

Mahi Malhotra : Legally what you say is true, Shaily, but I have an issue with the way this case was handled professionally. When you are employed, your loyalty is first and foremost to your place of work. Ananya might have been showing humanitarian consideration by hiding Mahi at her place, but her behavior was highly unprofessional in the context of her job at KKN. She is first and foremost an employee there and should have shared the details with her seniors. If she wanted Mahi to get R&R, she should have tried to reason it out with her bosses, instead of taking unilateral decisions, the way she did. In a serial she did not face any long term repercussions, but in real life, this betrayal of trust is never taken lightly by any organization ...


Totally agreed With Mahi case. Every problem has a solution. She could've reasoned with seniors and arrived at an amicable solution rather than taking unilateral stand. After taking that huge sum, she is obligated to her Employees first. If KKn had sued her, Ananya would've lost the case.
-sharada- thumbnail
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Posted: 10 years ago
#5

Originally posted by: Vayuputras


Totally agreed With Mahi case. Every problem has a solution. She could've reasoned with seniors and arrived at an amicable solution rather than taking unilateral stand. After taking that huge sum, she is obligated to her Employees first. If KKn had sued her, Ananya would've lost the case.


Somethings are worst than being sued. And one of those things is to be sidelined your career. The rude way Kabir behaved with Ananya after this incident is exactly how any boss would behave. This is a serial, so things got sorted out. In real life, overcoming this kind of an incident is next to impossible as it would result in you being backlisted for the rest of your life...
Moner_Radio thumbnail
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Posted: 10 years ago
#6
shaily di:

thanx for sharing.and i agree on the Mahi Malhotra case, Ananya should have reasoned it out with her seniors, if Kabir wasnt willing to listen then atleast Khalid when he called her in his cabin, instead of going "main uski numaish nahi karungi". although Kabir went almost violent in rage, Ananya's behavior and lack of reasoning at such a crucial point was plain stupid.
asthana.shaily thumbnail
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Posted: 10 years ago
#7

Originally posted by: Moner_Radio

shaily di:

thanx for sharing.and i agree on the Mahi Malhotra case, Ananya should have reasoned it out with her seniors, if Kabir wasnt willing to listen then atleast Khalid when he called her in his cabin, instead of going "main uski numaish nahi karungi". although Kabir went almost violent in rage, Ananya's behavior and lack of reasoning at such a crucial point was plain stupid.

Actually the entire stand of Ananya was stupid... Her being highly emotional at professional level was a major let down of her character which was seen at its height in SK case. Somehow, her character didn't turn out to be entirely convincing since, no matter how much emotional a person is, no one commits such blunders or behave so impishly at professional level.

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