Calling the Kolkata rape-murder of a woman doctor as “horrific” and "horrendous”, the Supreme Court on Aug 20 castigated the West Bengal government over the delay in filing of an FIR in the incident that triggered nationwide outrage spearheaded by doctors demanding justice for the victim and enhanced safety measures for medical professionals at workplaces.
The court observed such gender-based violence denied women equality due to lack of safety in workplaces. Taking suo motu cognizance of the case, the court emphasized that this incident highlights a broader systemic issue concerning the safety of doctors across India.
A bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra hearing the case expressed disgust that the name, and a photograph of the victim is published all over India.
“Deeply concerned over the fact that name, the photograph of the victim is all over the India. We are deeply concerned about the fact that the name, photo, and video clip of the Kolkata rape victim was published all over,” CJI said.
“The law prohibits publishing victims' names. Is this the way we provide dignity to the young doctor who has lost her life?" he added.
The bench constituted a national task force (NTF) of senior medical professionals to formulate comprehensive safety protocols for healthcare workers across India. It emphasized the urgent need for a national consensus on standard safety protocols for medical professionals.
The bench stated that if women cannot work safely, it amounts to denying them equality. The court questioned the West Bengal government on the delay in filing the FIR and criticized the hospital authorities for their handling of the situation following the incident.
The bench noted that the crime was likely detected in the early hours, but the college principal initially tried to dismiss it as a suicide. It also questioned the Kolkata police on how a mob of thousands managed to barge into the RG Kar Medical College.
The Supreme Court also scrutinized the decision to appoint the RG Kar Hospital's principal to another college while he was under investigation for his conduct during the incident. The bench cautioned the West Bengal government against using its power to suppress protests, stating that this is a time for national reflection.
The bench hearing the case highlighted the need for a national protocol to ensure safe working conditions, particularly for young doctors who often work grueling hours, sometimes up to 36 hours at a stretch.
The Supreme Court asked state counsel to supply the CBI with all information provided during a hearing of a case related to the RG Kar incident. The Court’s observations and directives come amid nationwide protests with doctors and civil societies demanding justice and increased safety for medical professionals.
A protest organized by the Akhil Bharatiya Vidyarthi Parishad (ABVP) on Aug 20 turned violent in Kolkata when a scuffle broke out between them and the police. The clash broke out near the Swasthya Bhavan located in Kolkata's Salt Lake, according to media reports.
RDA ends strike after SC hearing
The Resident Doctors’ Association (RDA) of RML Hospital has ended its strike, saying the decision follows the government's acceptance of all critical demands presented by residents across India. But the doctors' strike against the incident continues elsewhere across India.
West Bengal Governor CV Ananda Bose on Aug 20 expressed relief on behalf of the nation following the Supreme Court's directives on the Kolkata doctor rape-murder case. Bose while referring to the prevailing situation said that every saint has a past and every sinner has a future .
Solicitor General Tushar Mehta while referring to the gruesome rape and murder of a trainee doctor said the perpetrator was not only sexually perverted but had displayed an animal-like instinct in the gruesome crime.
FORDA welcomes SC intervention
The Federation of Resident Doctors' Association (FORDA) welcomed the supreme court's intervention in the rape and murder of a trainee doctor.
“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,” FORDA said in a statement.
The Supreme Court had reassured doctors that they would protect their interests and also urged them to end their strike. The court noted the lack of proper facilities for doctors during the case hearing.
The CBI observed that doctors lack resting places, no basic hygiene is maintained for them, and also lack security in medical healthcare units.
Doctors are left to handle unruly patients; only one common toilet is there for medical professionals in the hospital, and professionals must not travel long distances for washroom accessibility, according to CBI.
Notably, health services across the country have been hit as doctors' strikes enter their 10th day on August 20. The Union Health Ministry recently approved a 25% enhancement in security deployment at central hospitals, in response to doctors' demands to ensure safety.
The CBI is currently investigating the case as per a Calcutta high court order. The CBI has been permitted to conduct a polygraph test on the accused Sanjoy Roy.
