As the recent Kolkata murder-rape case sent shockwaves across the country and led to nationwide protests, the 31-year-old trainee who was subjected to inhumane acts used to consider R G Kar Medical College and Hospital as her ‘second home,’ From a batch of MBBS students who had seen Covid pandemic break out as they learnt their craft, she had chosen respiratory medicine as her specialisation. At RG Kar, the campus she called her “second home”, she immersed herself in patient management, the report said further.
On August 9, after a shift and study cycle that stretched for 36 hours without a break, she had dozed off on a platform in the college’s seminar room when she was sexually assaulted by one or more individuals (still the subject of a probe), and murdered in an attack of depraved brutality. Interns and fellow postgraduate trainees who had come to the seminar room the next morning found her body. Her laptop, a notebook & cellphone lay intact beside it.
India’s Supreme court has said the recent rape and murder of a trainee doctor in West Bengal state has “shocked the conscience of the nation” and criticised authorities for their handling of the investigation.
The 31-year-old woman’s body was found earlier this month in the seminar room of a state-run hospital in Kolkata where she worked.
A hospital volunteer worker has been arrested in connection with the crime, and the Central Bureau of Investigation has now taken over the case.
The crime has sparked huge protests in the country.
The three-judge bench, consisting of Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, has been rigorously examining the inquest and post-mortem report of the doctor who was raped and murdered for the past 20 minutes. This detailed scrutiny is part of their ongoing review of the case to ensure thorough understanding and appropriate action.
He listed out a range of problems plaguing medical institutions, including a lack of resting rooms and toilets, functional CCTV cameras, security personnel and adequate screening for arms at entrances.
The court asked the task force, which would include top doctors and government officials, to look into the situation and file an interim report in three weeks and a final report in two months.
During the hearing, the CJI also criticised the West Bengal government and police force and questioned why there was a delay in registering the initial complaint – known as a First Information Report (FIR) – in the case? The Chief Justice inquired about the timing of the body being handed over for cremation, which was reported as 8:30 PM, and noted that the FIR was filed three hours later. He questioned why the autopsy, conducted between 1:45 PM and 4:00 PM, revealed clear evidence of murder, yet the FIR was only registered at 11:45 PM. The Chief Justice also asked what actions the principal and hospital board were taking during this period. In response, Kapil Sibal explained that photos were taken at the scene, an unnatural death case was promptly initiated, and a board with a Judicial Magistrate was established. The Chief Justice reiterated that it was the hospital’s responsibility to file the FIR, especially since the parents were not present at the hospital.
He added that he was “deeply concerned” that the name of the victim and her photographs were shared on social media. Indian laws prohibit naming of a rape victim and those guilty can be fined or sentenced to up to two years in prison.
The counsel representing young women doctors reported that on the same day the protesters were assaulted, the attackers also targeted the women’s hostel, where they threatened the female resident doctors. These threats were severe and akin to those often faced by women during protests. As a result, many women doctors returned home due to safety concerns. On that day, the state police abandoned their posts and sought refuge in the nurses’ changing rooms, according to the doctors’ accounts. A courageous doctor—whose identity I prefer to withhold—submitted a representation to the police, which has been shared with me. I have three copies of this representation, which I will present to the court.
The court also condemned the attack on RG Kar Medical College – the site of the crime – and questioned why adequate security measures hadn’t been put in place to control the violence. Sibal said that they are taking strong measures. He said that while there were 150 police officers stationed outside the hospital, they were overwhelmed by a crowd of 7,000 people. He added that the vandalism occurred before the state could deploy additional forces, which arrived later.
A mob had vandalised the emergency ward of the hospital during last week’s Reclaim the Night protest in which tens of thousands of women had participated.
“The power of the state should not be unleashed on peaceful protesters,” the chief justice said. Chief Justice DY Chandrachud asserted, “The nation cannot wait for another rape for things to change on ground.” He highlighted that medical professionals, particularly women, are increasingly vulnerable to violence due to ingrained patriarchal biases. CJI Chandrachud criticized existing laws for failing to adequately address the safety standards required for doctors and medical staff. Emphasizing the urgency of reform, he remarked that with more women entering the workforce, the nation cannot afford to wait for another tragedy to drive necessary changes.
The woman’s murder has sparked an outpouring of anger across India, especially in West Bengal state of which Kolkata is the capital. Solicitor General Tushar Mehta, addressing the court regarding the rape and murder of a trainee doctor, described the perpetrator as not just sexually perverted but to have shown an animal-like instinct in the horrific crime. The court condemned the incident as both “horrific” and “horrendous,” highlighting that such acts of gender-based violence undermine women’s equality by exposing severe safety deficiencies in workplaces.
At the weekend, doctors across hospitals in India observed a nation-wide strike called by the Indian Medical Association (IMA). Elective surgeries and outpatient treatments were suspended with only emergency services available at major hospitals.
The IMA issued a list of demands, including the strengthening of the law to better protect medical staff against violence, increasing security at hospitals and creation of safe spaces for rest. Counsel representing young women doctors requested the implementation of two measures: (1) a software system that connects distress calls directly to the nearest police station, and (2) the proper functioning of CCTV cameras within the hospital.
Chief Justice D.Y. Chandrachud has instructed all states to gather and report data on various aspects of hospital security and facilities. This includes the number of security personnel at each hospital, the total number of restrooms, and whether all areas of the hospital are accessible to the public, among other relevant details. States are required to submit their reports within one month. Additionally, the CBI is expected to provide an interim report by August 22, while the West Bengal government must also submit a report by that date detailing the vandalism that occurred at RG Kar Hospital.
The Supreme Court has established a 10-member National Task Force, which include Surgeon Vice Admiral RK Sarian; Dr Reddy, Mangaing Director Asian Institute of National Gastrology; Dr M Srivas, Director AIIMS, Delhi; Dr Prathima Moorthy, NIMHANS, Bangalore; Dr Puri, Director, AIIMs, Jodhpur; Dr Ravat, Managing member of Gangaram Hospital; Prof Anita Saxena, VC of Pandit BD Sharma College; Dr Pallavi and Dr Padma Srivastav to develop a national protocol aimed at enhancing the safety and facilities for doctors and healthcare staff in hospitals. The task force will focus on measures to protect hospitals from disruptive individuals, ensure adequate rest and duty rooms for medical personnel, and improve overall working conditions.
These will be the ex-officio members of the NTF : (a) the cabinet secretary to the GOI; (b) the home secretary of GOI; (c) secretary of ministry of family welfare; (d) chairperson of the National Medical commission and (e) President of the National Board of Examiners
The case has also sparked a political row with the West Bengal state government, led by Chief Minister Mamata Banerjee, accused of mishandling the aftermath of the murder. Leaders of the India’s governing Bharatiya Janata Party (BJP), which is in the opposition in the state, have accused Ms Banerjee’s government of cracking down on peaceful protests.
Last week, the Kolkata High Court criticised the local police for lapses and transferred the case to the Central Bureau of Investigation (CBI) .
The parents of the doctor, who declined compensation offered by the state government, have criticised the management of the medical college for failing to ensure safety at the workplace.
They told local media they had lost trust in the chief minister and accused her of attempting to stifle public outrage.
Ms Banerjee has defended the actions of her government, saying state police had completed 90% of the investigation before it was handed over to the CBI. She has also accused opposition parties of exploiting the incident for political gain.
Ms Banerjee said she wanted the investigation to be completed quickly and called for the culprits to be hanged.
On Saturday, the state government announced a slew of measures for women’s safety at workplaces, including designated retiring rooms and CCTV-monitored “safe zones” at state-run hospitals.
On Tuesday, Kolkata Police began an inquiry in Sandip Ghosh, the former principal of RG Kar Medical College and Hospital, over alleged “financial irregularities” at the facility. This action follows the establishment of a four-member Special Investigation Team (SIT) tasked with examining financial discrepancies at the hospital, where the body of a postgraduate trainee doctor was found earlier this month. According to a senior officer, Ghosh is expected to be summoned for questioning. He is also facing charges for disclosing the identity of the trainee doctor who was reportedly raped and murdered on August 9.
Meanwhile, the Kolkata police have served notices to more than 200 students, activists and political party members for allegedly spreading “false information” about the case and for revealing the victim’s identity.
The Federation of Resident Doctors’ Associations (FODRA) has applauded the Supreme Court‘s involvement in addressing the rape and murder of a trainee doctor at RG Kar Hospital in Kolkata. The official statement read, “We welcome the exhaustive session by the Hon’ble Supreme Court and trust their intervention in the larger interest of our fraternity. We will consult with all our stakeholders before making a decision.”
Source: Data collected from several news sites including TOI, BBC, Financial Express…
