The Supreme Court on Tuesday, August 20, began hearing the Kolkata doctor rape and murder case and questioned if the nation was waiting for another rape to occur before implementing changes on the ground.
The three-member bench led by Chief Justice of India (CJI) D Y Chandrachud questioned the West Bengal government on the numerous delays and other procedural lapses pertaining to the case. It also questioned the safety of medical professionals, mainly female workers.
“Medical professions have become vulnerable to violence. Due to ingrained patriarchal biases, women doctors are targeted more. As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground,” CJI Chandrachud noted.
“Why was FIR registered three hours after the body was handed over for cremation,” the Supreme Court bench asked.
The alleged brutal rape and murder of a 31-year-old postgraduate trainee doctor that took place on August 9 in Kolkata’s RG Kar Medical College has taken the country by storm with nationwide protests from the medical fraternity.
The medic’s body with severe injury marks was found inside the seminar hall of the hospital’s chest department. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.
Witnessing its severity, the Apex Court took a suo moto case and questioned what was the college management doing when the body of the doctor was found.
“The constitutional value of equality demands nothing else and will not brook compromises on the health, well-being and safety of those who provide healthcare to others. The nation cannot await a rape or murder for real changes on the ground,” the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.
“What was the principal doing? FIR was not filed; the body was handed late to the parents. What is the police doing? A serious offence has taken place, the crime scene is in a hospital… What are they doing? Allowing vandals to enter the hospital?” CJI Chandrachud asked.
Referring to several incidents of violence against medical professionals, the court said these are portents of a systemic failure to protect doctors, nurses and para-medical staff in the confines of hospitals.
“With a few or no protective systems to ensure their safety, medical professionals have become vulnerable to violence. With the involvement of systemic issues for healthcare across the nation, this court has had to intervene,” it said.
The court said women are at particular risk of sexual and non-sexual violence in these settings.
FIR filed immediately: Govt
Kapil Sibal, who is representing the West Bengal government, stated that the FIR was filed immediately and a case of unnatural death was registered.
Sibal countered that the college established an investigation into the matter almost immediately and a board was set up with a judicial magistrate present.
The CJI questioned the time when the body was handed over to the parents and the first FIR was filed, which was reportedly three hours after the crime was detected.
“What were the principal, and the hospital board, doing during this time? It appears crime was detected in the morning. The hospital’s principal tried to pass it off as suicide and the parents were not allowed to see the body. No FIR was filed,” the CJI said.
“That is not correct,” countered Mr Sibal. “FIR registered immediately, and the inquest shows it is a case of murder.”
The court said a national consensus must be evolved — after due consultation with all stakeholders — on the urgent need to formulate protocols governing the issues and formed a 10-member National Task Force (NTF) to come up with a protocol for ensuring safety and facilities of doctors.
The next hearing is scheduled on August 22.
(With inputs from PTI)
