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Red Cross Emblem
By Prof. M Lala Singh
After 29 years of statehood Manipur is far from developed and peaceful as we all expected. Group
conflicts, regular mild to severe floods and inadequate social and medical services are all great
concerns of the society and the government. Social and economic disparity in the vast areas leading to social unrest has blocked the overall welfare of the people.
India Red Cross Society, Manipur state branch have to play an effective role as an auxiliary to the government departments in augmenting the various social and medical services in addition to the relief works during natural and man-made calamities. In order to perform the activities under the fundamental principles of the Red Cross movement, it is imperative that we understand the basic principles of the Red Cross movement, including the knowledge about the red cross
emblem.
As we see today the public at large (specially the business community), medical and dental
professionals, military, paramilitary and police personnel are not aware of the origin, purpose and proper use about the red cross emblem. Red Cross emblem in a car means a doctor, the one on display by the shops-shops selling medicines. The rampant improper use and display has significantly lowered the status of the symbol. Vehicles or ambulances carrying the sick and the wounded, volunteers, medical, paramedical, first aid workers in an ambulance are not easily respected and less protected at times of need. In short the
credibility of medical relief vehicles is lost due mainly to the improper and
unethical use of the symbol.
Birth of the Red Cross and its subsequent development:
The Red Cross was born out of compassion and humanity. Henry Dunant a Swiss businessman traveling to meet Napoleon the third in Southern Italy in 1859 saw the battle of Solferino. There he saw 40 thousand sick and wounded soldiers uncared and unattended. Leaving aside his business interest he organized treatment and care for the wounded soldiers with the help of local people.
Coming back to Geneva Henry Dunant wrote a book named 'A Memory of Solferino' which stirred the soul of Europe. Four other Swiss gentlemen joined Henry Dunant in establishing the "The International Committee for Relief to the Wounded" in 1863, which ultimately became the International Committee of the Red Cross (CRC).
Thus the compassion and humanity for the wounded soldiers at Solferino led to the birth of the
International movement of the Red Cross and Red Crescent societies. Henry Dunant was joined by General Guillaume-Henri Dufour, Gustave Moynier, a lawyer, Dr Louis Appiaand, Dr Theodore Maunoir in establishing the movement.
Before the establishment of the Red Cross the armed forces medical services were not only inadequate but the medical personnel were not easily identified by any symbol or protected from being attacked by the enemies.
Two great ideas were transformed into actions: -
1. Formation of relief societies in peacetime with nurses who will be ready to care for the sick and wondered in war.
2. Recognition and respect for the volunteers who would be called upon to assist the army medical
services by international agreement.
These ideas led to the development of the International Movement of the Red Cross and Red
Crescent societies and the international humanitarian law, which regulate hostilities in order to minimize their effects.
The movement is composed of three components:
1. The International Committee of Red Cross (ICRC): an independent and impartial body purely formed by the citizens of Switzerland. It is the guardian of the principles of the movement. It has its headquarter in Geneva, Switzerland. It is active throughout the world, protecting civilian and military victims of armed conflicts, internal disturbances and tension. It disseminates and promote International Humanitarian Law (IHL).
2. The national societies: They work as auxiliaries to the public authorities (government departments).
3. The International Federation of Red Cross and Red Crescent Societies: Founded in 1919, the federation serve as a coordinator of relief and other operations.
Having established the committee the five founders invited 16 countries and four philanthropic
organizations to the international conference, which opened in Geneva on 26 October 1863. It was at that conference that the emblem -a Red Cross on a white ground was adopted and Red Cross as an institution came into being. The founders chose the red cross as its emblem as a component to Switzerland, the heraldic emblem of the red cross on a white ground, formed by reversing the federal colors, the Swiss national flag of white cross on a red ground. The founders realized the need for a single, universal and easily recognizable emblem to protect not only the persons wounded in battle but also those bringing them aid. It was also to protect all medical units, including those of the enemy. The mere sight of the Red Cross emblem would prompt combatants to show restraint and respect.
Indian Red Cross society was established in the year 1920 by an act, Act XV of 1920 as amended by Act 22 of 1956 and the adaptation of laws (no. 4) order 1957 and act 14 of 1992. India is a signatory to the Geneva Conventions and has ratified the Geneva conventions on 16 October 1950. 189 countries are parties to the Geneva Conventions. The Geneva Convention mandates the state parties to prohibit misuse of the Red Cross emblem.
The Indian Parliament has made a law called "The Geneva Convention Act" in 1960. Chapter IV of this act deals with the abuse of the Red Cross emblem. Section 12 read with section 13 of this chapter makes unauthorized use of the Red Cross emblem or its imitation a punishable offence.
In 1970, in Romonterio vs state of Goa, AIR 1970 sc 329, the Supreme Court examined the scope of Geneva Convention Act 1960, and stated that the unauthorized use of the emblem is a punishable offence. The punishment is a fine of Rs 500, besides the provision for forfeiture of the goods or vehicles on which the Red Cross emblem has been used without authorization.
It is of great concern as to why the Red Cross emblem should be disrespected and misused all these years of its purposeful adoption. The Indian medical association was established in the year 1928 with a distinctive insignia/emblem, the medical profession has its own insignia/emblem. Have we ever seen any abuse or misuse of our own emblem? What would have been the reactions of the medical profession to any such abuse or misuse of the IMA emblem or emblem of the medical profession?
Misuse of the Red Cross emblem and its implications:
Lack of knowledge about history and the development of the Red Cross and Red Crescent movement including importance and significance of the Red Cross emblem are the root causes of the misuse of the emblem.
Personal gains, business advantages out of the misuse of the emblem strengthened by complete ignorance of the origin and purpose of the emblem have given very firm roots for the misuse.
Persons and institutions, which misuse the Red Cross emblem, are government medical institutions like hospitals, dispensaries, clinics, blood banks, medical, dental, nursing personal, private pharmaceutical companies, their staff and products, private clinics, hospitals and nursing homes, traditional healers, herbalists and organizations operating ambulance services.
Why the Red Cross emblem should be respected and used by the authorized users only at all times?
Misuse of the emblem diminish its protective value and will destroy the delicate mechanism established by international and non-international agencies. It will also diminish the intrinsic value and fundamental principles of the movement and thus seriously hinder one of the most successful humanitarian movement of the world. Once the protective and indicative value of the emblem is eroded the Red Cross workers cannot or will not be able to render first aid to the wounded or evacuate the injured in times of need. The status of an impartial, neutral and voluntary organization will be lowered in the eyes of conflicting groups or the law enforcing agencies.
Who are the authorized users?
A. Protective use:
i) The military medical services, their personnel, units, installations and means of transport (medical services).
ii) The international Committee of the Red Cross (ICRC).
iii) International federation of the red cross and red crescent societies (the federation), the national red cross and red crescent societies.
iv) The national society medical units (hospitals, first aid centers) and transports by land, sea or air whose assignment to medical purposes in the event of armed conflict has been decided, may display the emblem as a protective device in peacetime.
v) All of these can use the emblem as a protective symbol during conflict situations exclusively to collect, transport and care of the sick, wounded and other victims of armed conflicts, when used as a protective symbol the emblem should be of relatively large dimension, so that it is visible from a long distance and automatically incite the reflex of respect and restraint from the conflicting groups. The protective use of the symbol is permitted during situations of armed conflict only, except for some specified situations during peacetime like in natural disasters.
B. Indicative use:
The indicative use of the symbol is designed to show, mainly in peacetime, that a person or object is linked to the International Red Cross society or Red Crescent society, the federation and the ICRC. In this case the emblem is of a smaller size. It serves to remind that institutions work in accordance with the fundamental principles of the movement. The symbol therefore, also a symbol of humanity, impartiality, independence, voluntary services, unity and universality. The national Red Cross societies are authorized to use the symbol in carrying out voluntary and impartial services and also to support their own events or fund raising campaigns. Ambulances and first aid stations operated by others may display the emblem as an indicative device but only in peacetime on condition that national society has expressly
authorized such use and that the medical aid centers are exclusively designed to provide treatment free of
charge.
Misuse of the Emblem:
Each state party to the Geneva conventions and the additional protocols 1 and 2 has an obligation to adopt measures to prevent and repress, at all times, any misuse of the emblem. It must in particular pass legislation on the protection of the Red Cross emblem. Any use that is not expressedly authorized by the Geneva conventions and their additional protocols constitute a misuse of the emblem.
Examples of misuse:
Imitation-use of signs that may be confused with the Red Cross emblem (similar color/ design), improper use of the Red Cross emblem by unauthorized persons or bodies (doctors, dentists, pharmacists, drug stores/ shops, cars/vehicles of doctors/dentists etc), use of the emblem by people entitled to do so but are not consistent with the fundamental principles of the movement- e.g. red cross members displaying the symbol while on private work/business/attending private functions etc, someone authorized to display the emblem but who does so in order to cross borders more easily when off duty, perfidy (grave misuse)- use of red cross emblem to protect armed combatants or military equipment (ambulance or helicopter marked with Red Cross emblem and transporting armed combatants; and ammunition dumps masked with Red Cross flags is considered a war crime).
In most of the developed countries medical and dental practitioners do not display Red Cross symbol in their cars/vehicles. The pharmaceutical shops do not put up Red Cross symbols on their buildings or compound. Great respect to the Red Cross emblem and its background knowledge by these peoples are yet to be seen in this part of the world. In the recent natural disaster of Gujarat Earthquake a large number of foreign Red Cross volunteers reached Gujarat to take up voluntary services. The Singapore Red Cross raised U.S $1.7 million in just 3 weeks in aid for the Gujarat earthquake victims-a vivid example of compassion and desire to help that drives everyone to donate regardless of race or religion, stirring the human soul by the emblem. The very sight of the emblem on volunteers collecting money from relief works, Red Cross volunteers doing relief works inspire every man to do something for the suffering fellow human beings.
Red cross vehicles moving around means relief works transporting the sick and wounded or medical teams etc. All these values are diluted in our country due to rampant misuse of the emblem. The international Committee of the Red Cross (ICRC) and the international federation of the Red Cross and Red Crescent are very much upset and deeply concerned about the misuse.
What are we doing about this?
The beginning had been made on October 16, 1950 when India ratified the Geneva conventions. The Parliament of India has made the Geneva Conventions act of 1960. Chapter IV of this act deals with the misuse of the Red Cross emblem. Section 12 read with section 13 of this chapter makes unauthorized use of the Red Cross emblem or its imitation a punishable offence. The punishment is a fine of Rs 500/- besides provision for the confiscation of the goods or the vehicle on which the emblem has been used without authorization. As stated earlier in 1970 in the Romeonterio vs state of Goa the Supreme Court examined the scope of the Geneva conventions act 1960 and stated that the unauthorized use of the emblem is a punishable offence (AIR 1970 Sc 329 1970).
Deep rooted over long years of misconception the problem has to be tackled in a long drawn out process of education of the public through media, seminars, workshops and conferences. We, the medical professionals should take active role. The Red Cross in India had initiated dialogue, persuasion with the peacetime misuses and drawing effective attention of the government on this issue which is eroding the image of the country in the eyes of the world.
The Apollo hospitals in India eg. Apollo hospitals, Indraprastha, New Delhi is one private hospital in India, which does not display Red Cross emblem in the hospital building or premises. The Red Cross emblem or sign is not displayed by one leading private hospital in Manipur by the name of 'the Shija Hospital'. The proper use of the Red Cross emblem has already been started in some places of Nagaland, Assam, Punjab and Haryana. Let us also correct ourselves and give proper respect and place to the Red Cross emblem.
(Courtesy: The Imphal Free Press) |
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