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RG Kar Case - Chief Justice Questions West Bengal Government on Slow Progress

In the ongoing legal proceedings regarding the tragic rape and murder of a junior doctor at Kolkata’s RG Kar Medical College, the Supreme Court has been addressing a range of significant issues. Here is a detailed breakdown of the developments from the most recent hearings:

The case stems from the brutal rape and murder of a 31-year-old postgraduate doctor at RG Kar Medical College in early August 2024. The incident sparked widespread protests by medical professionals and raised concerns about the security and working conditions of doctors in West Bengal.

Previous hearing update: https://vaquill.com/news/rg-kar-medical-college-rape-update-1/

Supreme Court’s Focus Areas

The Supreme Court has been handling the matter with careful examination. Here are the key areas addressed in the hearings on September 30, 2023:

Safety and Working Conditions of Doctors: The court expressed concern over the inadequate security measures for doctors, particularly junior doctors, across hospitals. The absence of proper resting facilities, lack of security personnel, and insufficient hygiene were flagged as systemic failures.

The court pointed out that hospitals should provide a safe and dignified working environment for all medical professionals. The Chief Justice of India enquires about the progress of CCTV camera installation, biometric systems and safety constructions in the toilets and wanted to know why there has been a long delay from the Government of West Bengal with regard to these urgent actions. He pointed out that the planned safety measures are either incomplete or not progressing well. Senior Advocate representing the State explained that recent floods had caused delays.

National Task Force (NTF): A 10-member National Task Force (NTF) was established under the court’s authority to recommend protocols that keep a check on the safety and dignity of healthcare workers. This task force is set to focus on two key areas:

Preventing violence, especially gender-based violence, against doctors.
Creating enforceable national protocols for safe working conditions.

The court highlighted the need for workshops, crisis counselling, and improvements in hospital facilities for the doctors to bring forth a safer working environment. And has mandated that a report from the National Task Force be submitted for the next hearing, scheduled for October 14, 2024.

Investigation and Role of CBI: The Central Bureau of Investigation (CBI) has taken over the investigation of the case. During the hearings, the court instructed the CBI to submit regular progress reports and to make sure that the investigation remains transparent and thorough. The court also insisted that all available evidence, including CCTV footage from the hospital, be handed over to the investigating team. Questions were raised about the state police’s initial handling of the crime, including their failure to secure the crime scene properly.

Doctors’ Strike and Protest: Doctors have expressed frustration over their safety, claiming that the individuals under investigation are still employed at the hospital, creating a threatening environment. Senior doctors have been working overtime to fill in the gap, but the strike has severely impacted hospital services. The court noted the need for doctors to resume their duties but acknowledged their legitimate concerns over safety. It was noted that doctors, especially women, should not be restricted from working night shifts, but their safety must be guaranteed. Senior Advocate Indira Jaising emphasised that these individuals should be suspended until the investigation concludes.

Social media restrictions: The court repeated its previous order to prevent the publication of the victim's name and images on social media to protect her family's privacy. Senior advocate Vrinda Grover informed the court about a film based on the 31-year-old doctor's life that is set to be released on YouTube soon. She questioned how this portrayal could impact the ongoing investigation.

Advocate Karuna Nundy noted that reels containing the victim's images are being paired with popular Hindi film songs, further adding to the disturbing nature of the situation. Grover suggested appointing a nodal officer to monitor and review such content.

This officer could assist the family in reporting any problematic material they encounter. Solicitor General Tushar Mehta assured the court that the Ministry of Electronics and Information Technology (MeiTY) would appoint a nodal officer to oversee the removal of inappropriate content and to create guidelines for handling similar situations in the future. Advocate Indira Jaisingh highlighted that not everyone reads court judgments, suggesting that the order should be widely publicised to promote awareness and make the public abide by the order.

Parents Raise Alarm: The parents of the deceased doctor expressed concerns that artificial intelligence (AI) is being used to create and distribute videos of their daughter online. They highlighted that this content is spreading widely, which could affect the investigation. The CJI urged the West Bengal government to reach out to social media platforms in order to put an end to this issue.

Next Steps

The court has requested further reports from both the CBI and the West Bengal government and will continue to monitor the progress of the investigation and the implementation of safety measures in hospitals. The next hearing will focus on determining if the steps ordered by the court are followed at an active pace and making sure that both justice for the victim and safety for healthcare workers are achieved. The Supreme Court scheduled the next hearing for October 14, 2024, where they will review the progress of the National Task Force and the overall investigation.

Illustrative image showing CJI in supreme court

Hearing: In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024: Supreme Court of India

References

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.