The Supreme Court, which announced a suo motu petition on Tuesday, noted that the country cannot wait for another Kolkata rape case for “things to change on the ground” amid the ongoing nationwide protests over the horrific rape and brutal murder of a 31-year-old post-graduate trainee woman doctor at the state-run RG Kar Medical College and Hospital in Kolkata early this month. The hearing on the subject is scheduled for August 22.
Judge DY Chandrachud expressed deep dissatisfaction with the West Bengal government and the authorities at the government-run hospital, citing procedural lapses in handling the case and the delay in filing the FIR. He also pointed out that the current enactments do not address institutional safety standards for medical professionals and doctors.
Patriarchal Biases and Vulnerability in Medical Professions Highlighted in Kolkata Rape Case
“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,” the CJI stated.
The CJI brought up a number of procedural errors pertaining to the conduct of the Kolkata police and the administration of RG Kar Medical College during the case hearing. The three-judge SC bench is headed by CJI Chandrachud, Justices JB Pardiwala, and Manoj Misra.
The court enquired, “Why was FIR registered three hours after the body was handed over for cremation.”
“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?” the Supreme Court asked. The Supreme Court also addressed patriarchal biases, stating that women doctors are more likely to be targeted.
“As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground,” according to the court.
Judge Pardiwala questioned Kapil Sibal, who is representing the West Bengal government in court, about the delay in filing the FIR, asking him, “Who is the first informant who filed the FIR? What is the time of the FIR?”
Sibal stated that the FIR was filed by the victim’s father at 11:45 p.m., followed by the hospital’s Vice Principal. The autopsy took place from 1:45 to 4:00 p.m. The body of the victim was turned over for cremation, which happened at 8:30 p.m.
“What was the principal, and the hospital board, doing during this time?” CJI Chandrachud questioned Sibal. He argued that, particularly in the absence of the victim’s parents, it should not be the hospital’s responsibility to submit the FIR.
“It appears crime was detected in the morning,” the CJI continued. “The parents were not permitted to view the body, and the hospital’s principal attempted to portray it as a suicide. There was no filing of an FIR.”
The CJI also pointed out that, in spite of the Calcutta High Court’s directive to the West Bengal Health Department not to appoint Ghosh to any other medical college until further notice, the principal of RG Kar Medical College and Hospital, Sandip Ghosh, was quickly transferred to another college as principal following his resignation.
Establishment of National Task Force
A 10-member national task force (NTF) made up of the nation’s best doctors was later established by the Supreme Court bench to develop a nationwide policy for guaranteeing medical professionals’ safety and facilities.
Dr. D Nageshwar Reddy, Dr. M Shreenivas, Dr. Pratima Murty, Dr. Goverdhan Dutt Puri, Dr. Saumitra Rawat, Prof. Anita Saxena, Head of Cardiology, AIIMS Delhi, Prof. Pallavi Sapre, Dean Grant Medical College Mumbai, Dr. Padma Srivastava, Neurology department, AIIMS, and Surgeon Vice Admiral R Sarin will be on the task force.
The court ruled that stakeholder input must come before developing a national consensus. The NTF has been requested to deliver a final report in two months and an interim report in three weeks.
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