In the Payal Tadvi story, misleading headlines have led to ideological divide in the society

The news media have failed in reporting the Payal Tadvi  story

"They asked the camel, 

'Why is your neck crooked?'

 The camel laughed roaringly,

 'What of me is straight?'" 

                                                                         - Siberian Proverb 

The Payal Tadvi story has become a phenomenon in news reporting in India. Headlines mislead, purposely. Some are absurd. Some are inane, but dramatic nonetheless.

“Payal Tadvi, the “strong,” “bold” girl broken allegedly by caste”.  The inverted commas suggest that the writer has doubt about the adjectives describing the deceased. The use of the word ‘allegedly’ is more damning. Words matter, and in news reporting, they matter the more. If the word is used advisedly, the reporter or the editor knows that the charge of casteism is false. If not, then jargon is being used. Both scenarios are bad for reporting news of this magnitude. Was the word 'broken' in this headline used figuratively? If so, then the reporting is biased. Otherwise, the writer is directly attributing motive, cause and reason of Payal Tadvi’s suicide to a deliberate act against her because of her caste. Which is all the more troublesome.

“Accused doctors break down outside court.” Meaning of the phrase “to break down” is not exactly applicable to the happenings in or out of the Court on the day when the accused were produced in Court. To break into tears is a phrase used to signify extreme grief. In Indian parlance, breaking down has come to mean so overcome by grief that you lose sense of time and place. But that was not the case with the doctors who were produced before court. So what was being reported? Why are the three doctors being portrayed as victims when they are just accused in a criminal case?

“Did Payal Tadvi commit suicide? SC--ST Committee to tell this week.” It would be hilarious if the context were not deadly. Thankfully, all the article says is that the SC-ST Commission of Maharashtra has raised question whether it is a case of homicide. Yet, the headline unmistakably suggests that the committee was tasked with determining whether Payal committed suicide.

“On casteism, films may work where media has failed,” is the most absurd headline.  That of an opinion article. Accompanying the story is a picture of Payal Tadvi. Caption: “a trainee doctor who committed suicide due to alleged caste-based harassment by other doctors.” No mention of anything else. In black and white. Casteism as the cause of death.     

This fixation of reporting on the caste angle has created a backlash. There is now talk of ‘would they do this with a category accused?’ And sympathy for the accused who are being targeted ‘unfairly only because their communities can’t fight back.’

The state is bending over backwards to do all that is demanded by and on behalf of the Tadvi family. Yet their advocate says that the Tadvi family does not trust the Special Public Prosecutor. Variously, the demand for probe into Payal’s “murder” finds mention in print. In social media, furious debates around banal articles in print rage on. The complexities of the matter are reduced to inanities. The voice of reason is lost.

But reason is often the casualty in the era of 24X7 news, online news-portals and social media. A newsworthy story, even one touted as breaking news is replaced by the next big story. Entire episodes of an evolving story are forgotten.

But the story of Payal Tadvi’s suicide is like no other. For one, it hits all the right notes, to use a phrase sadly. Most importantly, it allows almost everybody the victimhood trope. Based on your viewpoint, the roles of accused and victim interchange. Some have termed the death institutional murder. It is not clear what the Tadvi family and their sympathizers (and they are legion) want. What most of the doctors want along with family members of the accused is their immediate release, reinstatement in service and fair investigation. Nobody is willing to come forth and say that it will happen in due course of time. Hence the typical reaction for any news regarding the issue is ‘omg’ (Oh My God for the uninitiated). Which is not at all warranted.

In every criminal case involving death, the accused are dealt with in a particular manner. After their arrest, they are produced before a Magistrate. The police seek custody which in instant case was granted for three days. Further police custody sought was rejected. The Magistrate took them in custody [MCR]. In case of abetment of suicide etc, if charges are proved, the punishment is imprisonment of more than 7 years. According to law, the matter is to be tried by a Sessions Court, which alone can grant bail. The news about judicial custody extended up to this or that date is thus pointless.      

Talk of the accused being treated like terrorists or hardened criminals is unreasonable. A person has committed suicide. Some people named as accused in the First Information Report [FIR] have been arrested. The court will decide whether they should be released on bail.

In the meanwhile, polarization of opinion in the society at large and the medical fraternity in particular is creating mutual distrust. This is being fed by irresponsible articles in newspapers. Headlines are one problem, but the statements in the articles are more troublesome.

“Open communal war and ‘an eye for an eye’ cannot be a solution to any issue particularly for intellects like doctors.” This is a direct quote from an article on a blog. It is from a literal translation of a Marathi article published in a popular daily. Use of the two unhappy phrases is best avoided in any situation signifying conflict. To suggest that there is a possibility of open communal war, and demand for “an eye for an eye” is recipe for disaster. And terrifying if true. But the statement is apparently false. Moreover, the last clause of the sentence is condescending and patronizing. More so because the writer is a doctor, and writes as a doctor, not as an objective observer.  

That is the biggest issue with regard to the case. The identification of many doctors with the accused is a direct result of the misreporting of the media. It is necessary to understand that law provides a certain set up for the accused to be dealt with. The apparatus is good, the systems are in place.

The infrastructure for provision of a fair trial has been in existence for more than a century. There is no cause or occasion for anybody to feel that law will not be followed. In instant case, a Special Public Prosecutor has been appointed. On their demand, arrangements have been made for the Tadvi family to have their own lawyer.

The media have so far reported many things. The various fact finding commissions and organizations involved have informed us of others. Advocates for the State, the accused and the Tadvi family have given statements. Tellingly, the police machinery has maintained decorous silence. So officially we do not know how or where the investigation is going.

No direct evidence linking the accused to the suicide has yet been found. There are reports that the accused are guilty of ragging. There is said to be no evidence of caste angle to the issue. For the act or acts to constitute a crime, the intentions of the accused are important. Caste based harassment is a vague term. An offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in this case can be framed on the ground that the accused intentionally insulted and intimidated Payal with intent to humiliate her in a public place within public view. The catch is that according to Payal's own statement, the accused did not know her caste. Last they spoke, police were looking for evidence to substantiate the claims of Tadvi family that she was harassed due to her caste. There is still no report of anything incriminating being found.    

News reporting is an all consuming affair. The very print media which made the accused the villains of the piece may find something else, and report it without full verification. They may also report that according to unspecified witnesses present in the ward that day, Payal had done something which may alter the perception altogether. A new angle, unimaginable till now, may emerge. And it may turn out to be true.

Like the camel in the proverb said, nothing in the Payal Tadvi story is straight. 

 © Shrirang Choudhary

This post is a part of a series about the suicide of Payal Tadvi. 

Please share with due credits.

 

The curious case of the missing motive in the Payal Tadvi case

The State vs.Presumption of Innocence?

'Let the jury consider their verdict,' the King said, for about the twentieth time that day.

'No, no!' said the Queen. 'Sentence first—verdict afterwards.'

'Stuff and nonsense!' said Alice loudly. 'The idea of having the sentence first!'

'Hold your tongue!' said the Queen, turning purple.

'I won't!' said Alice.

‘Off with her head!' the Queen shouted at the top of her voice. Nobody moved.

Alice’s Adventures in Wonderland

The mighty state apparatus moved swiftly in the Payal Tadvi case. Various bodies swung into action. Organisations social and political took up Payal Tadvi’s cause. Placards were paraded, slogans were raised. Hash-tags were created, candles were lit. 

For an edited version of this article in Marathi click here.

No one bothered for the accused. They wrote a letter to their association Maharashtra Association of Resident Doctors [MARD], a missive defiant in tone. “If heavy workload is given [the] name of ragging, then we will have been ragging someone while performing our basic duties . . .”

The letter is all we have heard from the accused so far. What we have heard from the deceased is nothing. There is no suicide note. No chat transcript about why she committed suicide. No other statement that can be considered a dying declaration. The prosecution, ham-handed like ever, sought police custody remand of the accused to recover the suicide note which was not found in the room where Payal hanged herself. Three doctors studying third year post-graduation were sent to police custody. So the police could recover the nonexistent suicide note. Or know the reasons for its nonexistence

However, the investigation was transferred to the Crime Branch on 30^th May. As a matter of routine, the Crime Branch should have sought custody to carry out its own inquiry. On 31^st May, the court denied further custody on the grounds that there was no recovery from the accused.  

The matter gets curious here. The Crime Branch waited till 4^th of June to move the Bombay High Court. Its ought custody of the accused for their separate interrogation. In any case, the High Court refused further custody. The bail application of the accused will be heard on 10^th June. But that is part of procedure and routine.  

What is not is the haste with which the crime leveling serious charges was registered. The doctors’ letter to MARD pleads, "Just because we don't know the reason why suicide was committed it is seriously injustice to put blame on us without proper cause and levelling a charge of atrocity (sic)." The doctors are clueless why suicide was committed. So are the rest of the people interested in this gruesome case, including the police.

Things have taken a turn for the worse after the letter was written. The accused were apprehending a far lesser but more terrifying charge of ‘atrocity.’ Now the accused are alleged of instigating Payal and conspiring to drive her to suicide. In the meanwhile, the fact finding committee appointed by the Maharashtra University of Health Sciences (MUHS) is to submit its report. The Indian Medical Association has also formed a committee to look into the matter. Its report may lead to dismissal of the accused, ruling out admission in any course for five years. The anti-ragging committee set up by the Hospital has submitted its report. The State SC-ST Commission appointed committee for investigation has raised the question whether this is a case of homicide.

It is another matter that all enquiries are proceeding in the absence of the main players. Payal can’t speak. The accused are behind bars. Their parents can’t speak on their behalf. What about the principle of natural justice where all sides must be heard in any proceeding? Why are these bodies in a tearing hurry to arrive at conclusions?     

All of the investigation conveniently ignores three issues. Separate but interconnected, these may take the guilt away from the accused.

First, there is no talk of the role of Payal’s husband in the entire affair. Payal’s brother gave a statement that she was studying to support her maternal family, as both their parents were soon to retire. Why would a married woman do that? As a counterpoint, this tidbit. Payal had asked her parents to keep the amount of surrender fees Rs. 20 Lacs ready. Why would a family having that much disposable money require the income of a married daughter?.

On to the second issue. Assuming Payal was desperate to the point of suicide does not rule out the possibility that there were other reasons for it. A troubled marriage, a promising career but the inability; perceived or real, to complete it, lack of discipline leading to overburden of work to be done. Many factors must have weighed on her mind when Payal decided to hang herself. Why single out one to nail the accused?

The third and most important issue is lack of motive for the accused. In cases of circumstantial evidence, motive plays the most important role. A strong motive can be taken as proof of guilt. Absence of motive rules out the guilt of the accused. Law assumes that the accused are innocent unless proved guilty at trial.

In this case the investigation of police and the enquiries being conducted by various bodies assume a number of factors to be certain. Police assume that there was a suicide note. They assume on the basis of allegations of her relatives that Payal was harassed by casteist remarks. That she had no other cause to commit suicide than these harassment by the accused This is not only unsubstantiated but contradicted by the report that Payal had asked her mother not to raise her caste as nobody was aware of it.

If the events that compelled Payal to hang herself were so troublesome, why is there no witness or statement? What do the last messages from Payal’s phone say? Whom did she call the last? What was the conversation about? Nothing of this is yet answered though the issue is covered on a daily basis in newspapers. Clearly something is amiss.

The important question is, how does Payal’s death benefit the accused?  

The vital question is, does somebody benefit from fingers being pointed at the three?

And the key to understanding the death of Payal Tadvi is, are Hema Ahuja, Ankita Khandelwal and Bhakti Mehare the villains of the piece - or the scapegoats?

© Shrirang Choudhary

Please share with due credits.

This post is part of a series on this issue.

Understanding the death of Payal Tadvi and corresponding issues.

Payal Tadvi: A metaphor for things gone wrong.

Payal Tadvi: A metaphor for things gone wrong

'Never mind!' said the King, with an air of great relief. 'Call the next witness.' And he added in an undertone to the Queen, 'Really, my dear, you must cross-examine the next witness. It quite makes my forehead ache!' 

Alice watched the White Rabbit as he fumbled over the list, feeling very curious to see what the next witness would be like, '—for they haven't got much evidence yet,' she said to herself. Imagine her surprise, when the White Rabbit read out, at the top of his shrill little voice, the name 'Alice!'

Alice's Adventures in Wonderland

Introduction

Payal Tadvi’s death was sensational news. Almost immediately, activists and political parties took over the cause. And things started going seriously wrong. Based on which newspaper you read or newschannel you watch, Payal Tadvi is either a victim/martyr or an icon. It is just an indication that the society have enabled, emboldened and conspired with newsmedia to prize the sensational above the substantive. To never look beyond the headlines and so to miss the context of important stories. To hunt for newer “breaking news” without processing the information that was fed a few moments ago. In her death, Payal Tadvi has become a metaphor for things that have gone wrong. 

Casteism and class divide via reservation

Her death and subsequent allegations of ragging and harassment against her seniors were sensational enough. But the charge of the accused Dr. Seema Ahuja, Dr. Bhakti Mehare and Dr. Ankita Khandelwal insulting Payal on caste grounds seems to be added almost as an afterthought. There are reports that Payal herself insisted that her mother should not bring up her caste. Not many people knew about her belonging to a Scheduled Tribe. In the transcripts of her whatsapp chats, there is reportedly no allegation that she was harassed on account of her caste or tribe. Some reports suggest that her seniors did not even know her caste. Yet the seniors were turned into casteist villians who harassed Payal merely because of her caste and class. This is caste and class discrimination at its worst - applied in reverse.

Reservation asks people to do the impossible

Caste or class is not the real issue here. That Payal got her MBBS and postgraduate seats on basis of reservation is the issue. She may not have been equipped, temperamentally or academically to complete her assignments. To withstand the very heavy workload expected of a postgraduate student is difficult. When juggling a strained marital relationship, it becomes tricky. The media have totally ignored this angle. This is a sign of malaise plaguing the media. No issue even remotely controversial is ever touched, leave aside analyzed properly.

The day Payal died

Payal’s chat transcripts show routine frustrations of medical studentship. She committed suicide reportedly because she could not bear it any longer. There is another way of looking at it. That Payal was ready and willing to pay Rs. 20 Lacs in order to be surrender the seat was reported. She was so fed up with the seniors harassment is what we are led to believe. Why didn’t she talk to her husband? If her mother got a desperate call on the day Payal committed sucide, why wasn’t the husband informed?  

Bestowing victimhood on the suicide

It is a socially accepted idea that the person committing suicide is not to be blamed. Payal Tadvi had the attributes where blame would conveniently be laid on others. A Muslim woman, a tribal and an alleged victim of ragging and harassment by seniors. She was the ultimate representative of minority and potential victimhood. As in every case the habits of the deceased , reasons for the ultimate step, speculation about the last moments before the suicide abound.  There is speculation that Payal loved the good life and that she just did not do the work assigned to her. The whatsapp chats also reveal the reminders that the seniors had to give. Also that Payal switched off her phone.  The media is bent upon twisting the tale. Instead of the ever smiling visage of Payal, the image accompanying all stories is that of her grieving mother.

Casting the blame on others

Making the suicide innocent needs somebody else to take the blame. Thus, the scapegoating of the unfortunate trio of seniors. There just is no immediate and proximate act attributed to them which could have compelled the suicide or abetted it. The charges against them are ragging, insulting on caste or religious grounds and thereby abetting the suicide. Abetment of suicide is a term of wide import. In this context it means that the behaviour of the seniors was such that Payal preferred suicide over life with the harassment. The only two instances about such behaviour are revealed in a chat transcript which alleges that Payal was not allowed to perform “delivery n episiotomy.” Another allegation is about one senior [unnamed in the chat] shouting at her in the ward in front of patients. “Loudly so that everybody from this corner to that corner would hear.” The trouble is, this shat is reported to have happened in November, about six months prior to the suicide. It is no evidence of any guilt of the accused. As to the shouting, Payal is using a figure of speech to illustrate her senior reprimanding her loudly. That may cause a few heartburns in human rights activists, but it is common for teachers to shout at students.

Making of Payal as a icon

An agenda needs daily reporting. Usually, suicide case as a news story runs its course out after the accused are remanded to judicial custody. But, newspapers and now newschannels have a way out of this. A strategy to keep the story going. It is to eulogise the deceased. Making Payal Tadvi a heroic figure was very easy for the media. A starry eyed youngster with a supportive family. The first woman from her community to become a doctor. The Bhil Muslim population in her area looking upon her as an inspiration. How she seemed a miracle to her mother when her crippled brother learnt to walk looking at her walking. Making her an icon is followed by putting up a fight for her cause. true or false, just or otherwise.

Ignorance of mental well being by society

Understanding, accepting and getting treated for mental illness is an emerging phenomena. Yet the importance of mental well being is often ignored. Suicide prevention helplines are in place, but many are amateur ventures where the only qualification for getting to be a ‘counsellor’ is a nice manner. With the advent of nuclear family and shifting of people to bigger cities, guidance of experienced seniors, a facility taken for granted in joint families is sorely lacking. 

It is reported that Payal did not seek in-house help because she was afraid her seniors would cite that as a reason for her being unfit for training. There is also a suggestion that timely intervention would have saved her life. This about a doctor.

Sensitisation of general people to these issues should start. A system to address grievances and get sound counselling anonymously from trained counsellors is the need of the hour.

Sins of news media

The coverage of the Payal Tadvi matter is a case study in media manners of the day. From plain lies to suggested falsehoods, the media have done it all. There was a statement reportedly of her husband. He stated that Payal was studying as her maternal family was looking forward to her supporting them. Then how was it that Payal had asked her family to keep the amount of her surrender fees [Rs. 20 Lacs] ready? The transcripts of chats with Payal were leaked almost immediately. None showed any casteist slurs. It was reported that no proof of the same was found in satements of the witnesses  Yet not even one newspaper or channel highlighted that the charges against the accused having used casteist slurs was apparently bogus. 

Questions

The essence of Payal’s story is that she lost her life, unfortunately at an young age. The tragedy is that her story was hijacked in the pursuit of an agenda. Whether the agenda was personal or political, we have all been taken to the edge of class divide when there was no incident like that at all. The question is, who wants to divide the society on the lines of reservation? Who has benefited into pitting two groups against each other?

© Shrirang Choudhary

This post is part of a proposed series on the issue.

For earlier post The sad death of Payal Tadvi, please click here.