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Reforming Justice - Legal Implications and Responsibilities in the Kolkata Doctors Tragic Rape-Murder Case

In the ancient Indian epic “Mahabharata” Draupadi was dragged into a court full of men and forcibly stripped. Her cries for justice were ignored as those in power looked away, allowing cruelty to win.

This wasn't just an attack on her, but on all women, showing how deeply rooted the hatred for women was in that society. Even today, thousands of years later, the pain of Draupadi’s suffering is still felt, as women continue to face violence, even in places where they should be safe.

In Kolkata, a young doctor was brutally raped and murdered in a hospital named RG Kar Medical College and Hospital, a place meant to respect her. This tragic crime is a reminder of Draupadi’s ordeal.

Just like in the court of Hastinapura, this crime didn't happen by chance; it was born out of a society that still allows and ignores the mistreatment of women. Our country's silence, lack of action, and broken laws are just like the foolishness of that old king's court.

The brutal rape and murder of a young doctor in Kolkata have shaken the nation, raising urgent questions about the legal system's ability to prevent such brutal crimes. The accused, who was reportedly addicted to violent pornography and known for his misogynistic behaviour, committed this horrific act inside the hospital, where the victim was supposed to be safe.

This case has not only sparked outrage but also highlighted the need for strict legal reforms to not just bring a remedy to the crimes but also bring forth preventive measures.

Illustrative image showing a girls hard life

Women do not just need remedies, they need a safe world to live in without constant fear.

The Crime and Its Immediate Aftermath: Shocking Developments in Kolkata Doctor's Case

False Claims by Hospital Officials: Initially, hospital officials misled the victim’s family by saying she had committed suicide. This incorrect information delayed the investigation and made it harder to achieve justice. Legal experts need to explore how such mismanagement of information can be legally addressed to prevent future obstructions of justice.
Prime Suspect: The main suspect in this case is Sanjay Ray, a civic volunteer at the hospital where the doctor worked.
CCTV Footage and Timeline:
- August 9, 3:00 AM: Sanjay Ray went to the third floor of the Chest Medicine building and entered a seminar hall where the female doctor i.e. the victim was resting. He is accused of raping and murdering her before leaving the seminar hall about 40 to 45 minutes later. The doctor had been working a 36 hour shift and had spent time with colleagues and watched the Olympics before going to the seminar hall.
- August 9, 4:30 AM: CCTV footage showed Sanjay leaving the hospital at around 4:37 AM. He then returned to his barrack to sleep.

Key Evidence: At 4:00 AM, CCTV footage showed Sanjay entering the emergency building with a Bluetooth device around his neck. When he left 40 minutes later, the earphone was missing. The earphone was later found near the victim’s body in the seminar hall. The Bluetooth device was connected to his cellphone.
- August 9, Morning: The Kolkata Police reviewed the CCTV footage and arrested Sanjay from his barrack. He was brought back to the hospital for questioning.
- August 9, Evening: After a lengthy interrogation, Sanjay was arrested and charged with rape and murder, linked to the discovery of the Bluetooth headphone at the crime scene.
Autopsy Report: The autopsy revealed severe injuries, including bleeding from the eyes and mouth, and extensive bruising. The doctor had been strangled, smothered, and violently beaten. Her spectacles were shattered during the attack. The report confirmed that her death was a brutal murder, not a suicide.
Hospital Access and Security: Sanjay Ray had easy access to the hospital, which allowed him to commit the crime. This raises concerns about the hospital’s security, especially in sensitive areas where such crimes should be less likely to occur.
Police Connection and Behavior: Sanjay Ray’s behaviour and connections with local police were troubling. His confidence due to his connections in the police department might have influenced his actions, making him feel he was above the law.

Suspicious move with regard to the Principal:

Hours after Dr. Sandip Ghosh resigned as the principal of RG Kar Medical College and Hospital on Monday due to protests over the incident, the West Bengal Government appointed him as the new principal of Calcutta National Medical College and Hospital (CNMCH). This decision led to more anger and criticism.

On Tuesday, students at Calcutta National Medical College (CNMC) protested against the transfer of Dr. Sandip Ghosh. The students locked the room of the CNMC principal and sat outside to protest. They are refusing to accept Dr. Ghosh as their new principal. The government also named a new principal for RG Kar Medical College. Dr. Suhrita Paul, who works as an Officer on Special Duty at the West Bengal Health and Family Welfare Department, will take over Dr. Ghosh's role at RG Kar Medical College. Dr. Ajay Kumar Ray, who was replaced by Dr. Ghosh at CNMCH, will now be the Officer on Special Duty at Swasthya Bhawan.

Dr. Ghosh, facing heavy criticism for mismanagement and financial issues at the Kolkata hospital, said he resigned due to “moral responsibility” and “political conspiracy” Additionally, the state government had removed the Superintendent of RG Kar Medical College and Hospital, Sanjay Vashisth, the day before.

Legal Reforms and the Role of the Judiciary

This case establishes the necessity of revisiting existing laws and implementing new, more powerful measures to tackle crimes of this nature.

Currently, under the Indian Penal Code (IPC), sections related to rape (Section 376) and murder (Section 302) are applied in such cases. The introduction of the Bharatiya Nyay Sanhita (BNS) 2023, which aims to replace the IPC, could bring significant changes. Under the BNS, harsher punishments for crimes against women are proposed, but the law must also consider the psychological aspects, such as addiction to violent content, that drive such monstrous acts.

The legal system should implement mandatory psychological assessments and rehabilitative measures for offenders, alongside strict punishments.

The Impact of Recent Criminal Provisions

Recent amendments, such as the Criminal Law (Amendment) Act, 2018, have already increased the severity of punishment for rape, including the death penalty in some cases. However, this incident calls for further improvements, including the establishment of a national registry for individuals with known histories of sexual violence or addiction to violent content. This could help in tracking and monitoring potential offenders before they commit serious crimes.

Current status

In the recent Kolkata case, the former principal of RG Kar Medical College and Hospital has been ordered by the Calcutta High Court to go on a long leave. This decision is linked to allegations of the civic volunteer’s involvement in a rape and murder case. The court's action is aimed to make sure of a fair investigation and protect the integrity of the ongoing legal process.

Doctors at RG Kar Medical College and Hospital went on strike to protest the court’s decision and the handling of the case.

The doctors' strike reflects their dissatisfaction with the way the situation is being managed and their concern about the impact of the legal actions on their profession. Meanwhile, the Central Bureau of Investigation (CBI) has been involved to ensure a thorough and impartial investigation into the allegations.

The Calcutta High Court today strongly condemned the State's decision to give a new position Dr. Sandip Ghosh, the former principal of RG Kar Medical College, just hours after he quit amid accusations of blaming the victim.

The Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya ordered the Central Bureau of Investigation (CBI) to take immediate action and investigate the case as a top priority. The court has ordered the police to hand over all the documents related to the case to the CBI with immediate effect.

If the CBI needs more help, they can ask officers from nearby states to assist with the investigation, the Court recommended.

“The case on hand is a peculiar case. The facts and circumstances warrant appropriate orders without further loss of time. We are convinced to say so because even after the lapse of five days, there appears to be no significant progress in the investigation which ought to have happened by now and by further loss of time, we would be well justified in accepting the plea of the writ petitioners, particularly the parents of the victim, that there is every possibility that the evidence would be destroyed and the witnesses would be influenced etc. Therefore, we deem it appropriate to transfer the investigation to the Central Bureau of Investigation " the Court stated.

The Court was critical of the college principal's actions after the victim's death. The principal allegedly blamed the victim and linked her death to a mental health condition. The Court questioned the State's handling of the case, asking why they initially registered it as an unnatural death: a suicide case instead of taking immediate appropriate action.

Additionally, the Chief Justice said it was surprising that the State would reward him with a new job so quickly, especially since he showed no sympathy or empathy towards the victim.

The State tried to justify their actions, explaining that they always register unnatural deaths when there is no immediate complaint. However, the Court was not convinced, pointing out that the principal or someone else from the college could have filed a complaint.

The Court was further disturbed to learn that the principal had been transferred multiple times in the past due to other scandals, but was always brought back. The lawyer representing the victim claimed that anyone who opposed the principal was targeted.

In the end, the Court made it clear that the principal cannot continue in his new role while the allegations against him are being investigated. The Court gave him the option to take a leave of absence by 3 PM, or they would issue an order.

Legal Opinion

Administrative Leave and Legal Proceedings: The Calcutta High Court has put the former principal of RG Kar Hospital on long leave. This is a common legal step to make sure he does not interfere with the investigation or influence the trial. It helps keep the process fair and unbiased.
Systemic Issues in Medical Institutions: The criticism of the medical system highlights bigger problems with transparency and accountability in hospitals. While putting someone on leave deals with immediate issues, it does not fix the deeper problems. We need to improve hospital procedures and increase oversight to prevent similar issues in the future and regain public trust.
Legal Framework for Misconduct: Indian laws allow for disciplinary actions against medical professionals who commit crimes. However, it is important that these actions are enforced effectively and transparently. This case shows the need for better internal investigations and strict penalties to address both individual and broader issues in the medical field.

Overall, while the legal steps taken in this case are right for seeking justice and following proper procedures, fixing problems in medical institutions needs bigger changes and better supervision.

What Legal Professionals Can Do

The idea that watching pornography makes society unsafe is misguided. Instead, it's the belief in the domination of women and the violence against them that gives some men an unfair advantage without facing serious consequences.

This is rooted in patriarchal thinking. For legal graduates and undergraduates, this tragic case offers a crucial opportunity to make a real impact on the justice system. Here’s how they can contribute:

Advocacy and Legal Reform: Violent addictions and histories of committing offences is often linked to sexual crimes, and there is a pressing need to create new laws to address this issue. Future legal professionals can play a key role in advocating for these changes. They should work with NGOs, lawmakers, and legal experts to draft and promote laws that specifically address the impact of violent content on criminal behaviour. By pushing for these reforms, they can help build a legal system that better protects vulnerable individuals.
Public Legal Education: Education is essential in preventing future crimes. Organising awareness programs that explain the psychological effects of violent content and the legal consequences of such behaviour can have a significant impact. These programs can be directed at the general public, schools, colleges, and law students. By educating people about the dangers of violent content and its links to criminal activity, they can help create a more informed and cautious society.
Research and Data Analysis: Effective advocacy for legal changes requires solid evidence. Engaging in research to examine how factors like violent upbringing and patriarchal values contribute to violent crimes against women is crucial. Analysing data and identifying patterns can provide lawmakers with the information needed to create effective laws. This research can also emphasise the importance of addressing these root causes in crime prevention efforts.
Support for Victims' Families: The families of the victims often face significant legal challenges and costs. Offering free legal services can help ensure these families receive the justice they deserve without being burdened by legal expenses. This support might include representing them in court, filing cases against institutions that misled or obstructed justice, and guiding them through the legal process. Such support can make a huge difference in their quest for justice.
Collaboration with Mental Health Professionals: Punishment alone is not enough; there must also be a focus on rehabilitation. Working with psychologists and social workers to develop programs that help offenders understand the consequences of their actions and change their behaviour is important. These programs should be a mandatory part of sentencing under new legal provisions. By focusing on rehabilitation, they can help reduce the likelihood of reoffending and contribute to a safer society.

In these ways, legal professionals can play a vital role in creating a justice system that is more responsive, preventive, and supportive of victims and their families.

Conclusion

The tragic rape and murder of the Kolkata doctor serve as a stark reminder of the gaps in our legal and social systems.

As legal professionals, it is our responsibility to advocate for stringent reformative measures that not only punish but also prevent such crimes. By pushing for legal reforms, raising public awareness, and supporting victims, we can contribute to a justice system that truly protects and upholds the rights of every citizen.

The full judgement

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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.