Vaquill is a legal publication house that simplifies legal information and publishes content in multiple Indian languages.

What languages does Vaquill publish in?

Vaquill publishes content in English, Hindi, Marathi, Tamil, Telugu, and Bangla.

Supreme Court Demands Action After Shocking RG Kar Hospital Rape and Murder

In a shocking development, the Supreme Court of India has stepped in after a horrifying crime occurred at RG Kar Medical College in Kolkata. On August 9, 2024, a young resident doctor who was on a 36-hour duty shift was brutally raped and murdered, leading to widespread anger and calls for justice across the country.

Concern over the failure of the system

The young doctor’s death has not only shocked the medical community but also exposed serious flaws in the handling of such critical cases. The Supreme Court, led by Chief Justice DY Chandrachud and the bench composed of Justices JB Pardiwala and Manoj Misra. expressed deep concern over the systemic failures that allowed such a brutal crime to occur.

In the front row were Senior Advocates Kapil Sibal, Maninder Singh, A.M. Singhvi, and Vijay Hansaria, with Solicitor General Tushar Mehta also present in court.

CJI: Ultimately what is equality under the Constitution if women cannot be safe in their workplace.

The Court highlighted the lack of adequate safety measures for medical professionals, particularly female doctors, who often work long, exhausting hours without sufficient rest or security. Chief Justice Chandrachud emphasised that this incident is not just about one horrific murder but a broader issue of unsafe working conditions for doctors across India.

The Court criticized the handling of the case, noting that the hospital's principal initially tried to dismiss the incident as a suicide and delayed the FIR, which was only registered hours after the body was cremated. The Court was particularly outraged by the publication of graphic images and details of the victim, which violated legal protections for sexual assault survivors.

Adding to the chaos, a massive mob destructd the hospital, causing extensive damage. The Supreme Court questioned the failure of the Kolkata Police to protect the crime scene and manage the chaos.

During the court hearing, the lawyer representing young women doctors explained that the attackers also targeted the women’s hostel, threatening the female resident doctors. These threats were so serious that many women doctors went back home because they feared for their safety. On that day, the state police reportedly abandoned their posts and hid in the nurses’ changing rooms.

One brave doctor, whose name is kept private, reported the incident to the police, and this report was shared in court. The lawyer asked for two safety measures: (1) a software system that links distress calls directly to the nearest police station, and (2) making sure the hospital’s CCTV cameras work properly.

The counsel representing the State of West Bengal mentioned that after the vandalism at the RG Kar hospital, 37 people had been arrested and 50 FIRs had been filed. To which the Solicitor General stated ” 50 FIRs? It is a recipe for not investigating!“,

pointing out that having so many FIRs might make it difficult to investigate the case properly.’

Supreme Court's Directives

In response, the Court ordered a thorough investigation by the CBI and demanded a status report on the progress of the case and the vandalism.

Additionally, Senior Advocate Maninder Singh asked for the Indian Medical Association (IMA) to be involved in the National Task Force (NTF). The Chief Justice agreed and said that the IMA should talk with the Secretary of the Ministry of Family Welfare to be part of the recommendation process.

In its intervention, the Supreme Court ordered the creation of a 10 member national task force comprising of:

Surgeon Vice Admiral Arti Sarin AVSM, VSM - Director General Medical Services (Navy).
Dr. D Nageshwar Reddy - Chairman and Managing Director, Asian Institute of Gastroenterology & AIG Hospitals, Hyderabad.
Dr. M Srinivas - Director, All India Institute of Medical Sciences (AIIMS), Delhi.
Dr. Pratima Murthy - Director, NIMHANS, Bangalore.
Dr. Goverdhen Dutt Puri - Executive Director, AIIMS Jodhpur.

Dr. Saumitra Rawat - Chairperson, Institute of Surgical Gastroenterology & Member Board of Management, Ganga Ram Hospital, Delhi.
Prof. Anita Saxena - Vice Chancellor, Pandit DD Sharma Medical University, Rohtak.
Dr. Pallavi Saple - Dean, Grant Medical College Mumbai & Sir JJ Group of Hospitals, Mumbai.
Dr. Padma Srivastav - Former Professor, Neurology Department, AIIMS Delhi; currently Chairperson of Neurology, Paras Health.

Additionally, the task force includes ex-officio members:

The Cabinet Secretary to the Government of India.
The Home Secretary to the Government of India.
The Secretary of the Ministry of Health and Family Welfare.
The Chairperson of the National Medical Commission.
The President of the National Board of Examination.

The aim is clear: to ensure that medical environments are safe and secure for all practitioners.

CJI: Protecting safety of doctors and women doctors is a matter of national interest and the principle of equality does not demand anything less. The nation cannot await another rape for it to take some steps.

Criticisms of Local Authorities

The court did not shy away from criticising the response of the West Bengal government, It condemned the authorities for failing to protect the crime scene and allowing vandals to damage critical hospital facilities during the unrest that followed the incident. The inability of the Kolkata Police to maintain order at the hospital has come under intense scrutiny, with the court demanding answers about their role in securing the crime scene.

The Media's Role and Court's Concerns

Illustrative image showing courthouse objects

There is also concern about how the media has handled the case. The Supreme Court criticised the release of the victim’s identity and images publically, stressing that such actions compromise the dignity of the victim and her family.

Calls for Immediate Action

The Supreme Court has directed the Central Bureau of Investigation (CBI) to submit a detailed progress report on the investigation by August 22, 2024. Additionally, the West Bengal government must report on the status of the investigation into the vandalism that occurred in response to the crime.

Response from the Medical Community

The tragic event has led to widespread protests from medical professionals in West Bengal, who are demanding greater protection and accountability. The Union Health Ministry has responded by urging government hospitals to improve security measures to prevent such incidents in the future.

Looking Ahead

The Supreme Court is taking important steps to address safety concerns for doctors and to prevent future tragedies like the recent rape and murder of a trainee doctor at RG Kar Hospital in Kolkata. By setting up a task force and demanding detailed reports from the CBI and local authorities, the court is showing that there is a need for big changes and more responsibility in the healthcare sector.

The Federation of Resident Doctors’ Associations (FODRA) has praised the Supreme Court for stepping in. They appreciate the court’s detailed session and believe that this involvement is in the best interest of medical professionals. Before making any decisions, FODRA plans to talk with all their members.

Reference:

Written by Seersha Chaudhuri

Driven legal professional with a BA LLB and a knack for writing and media reporting. Previously, I’ve crafted legal documents and managed court proceedings at Terkiana PC, focusing on immigration law. I’m also brushing up on my Spanish with Duolingo—learning a new language has never been this fun! Eager to blend my expertise in legal research with my passion for global policy and creative writing. Apart from being a professional, I am a full time lover of fish, dystopian fiction and Brooklyn 99.