It is wrong if we dare not do the right things

It may be a biggest mistake if we dare not do the right things because of fear of repercussions or scared that something may turn wrong and never support or do wrong.

In Burmese, “Ma Loke-Ma Shoke-Ma Pyoke.”

Sometimes, we should be brave enough to face the possible failures if we want success. We need to have courage to turn failures into pillars of success.

If we run away or avoid examinations or sports tournaments or competitions because we are scared, how could we pass the exams, get degrees or become champs?

So we must try to nurture our courage to do the right things and also not only try to avoid committing wrong things but also abstain from supporting the wrongs of others.

It is interesting to read this, “Omission (criminal law)” in Wiki . (The examples and perspective in this article deal primarily with the United Kingdom and do not represent a worldwide view of the subject.)

In the criminal law, an omission, or failure to act, will constitute an actus reus (Latin for “guilty act”) and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In the criminal law, at common law, there was no general duty of care owed to fellow citizens. The traditional view was encapsulated in the example of watching a person drown in shallow water and making no rescue effort.

Such failures might be morally indefensible and so both legislatures and the courts have imposed liability when the failure to act is sufficiently blameworthy to justify criminalisation. So, the accused would be liable if the victim was a child in a pool with a water depth of six inches, or there was a floatation device nearby that could easily be thrown to the victim, or the accused was carrying a mobile phone that could be used to summon help. However, the law will never penalise someone for not jumping into a raging torrent of water, i.e. the law does not require the potential saver to risk drowning.

Care of children or other dependents. 

The parents, legal guardians, spouses and anyone who voluntarily agrees to care for another who is dependent because of age, illness or other infirmity, may incur a duty, at least until care can be handed over to someone else.

Failure to provide medical treatment

In general terms, doctors and hospitals have a duty to provide appropriate care for their patients, and an omission may breach that duty except where an adult patient of ordinary capacity terminates the duty by refusing consent. There is a conflict in public policy. The policy of patient autonomy enshrines a right of self-determination—patients have a right to live their lives how they wish, even if it will damage their health or lead to premature death.

Duty to act when contracted to do so

In R v Pittwood (1902), the defendant was convicted of gross negligence manslaughter after he failed to close the gate on a level crossing as he was contracted to do. This caused a train to collide with a hay cart, and the court ruled that “a man might incur criminal liability from a duty arising out of contract.”

Preventing and prosecuting war crimes

Following the Nuremberg Trials international law developed the concept of command responsibility. It holds that military commanders are imposed with individual responsibility for war crimes, committed by forces under their effective command and control, they failed to prevent or adequately prosecute, if they:

“either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes.”

Several verses in the Koran refer to believers “commanding right and forbidding wrong”. It is inline with the hadiths and our Prophet sayings, “Whoever sees a wrong, and is able to put it right with his hand, let him do so; if he can’t, then with his tongue; if he can’t, then in his heart, and that is the bare minimum of faith”.

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