Rape-murder of doctor in Kolkata a systemic issue about doctors’ safety: SC

New Delhi, Aug 20: The Supreme Court of India recently shed light on its decision to take suo motu cognizance of the horrific rape and murder of a 31-year-old doctor at Kolkata’s RG Kar Hospital. Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, emphasised that this case transcends the individual tragedy and underscores a systemic issue that threatens the safety of doctors, particularly women, across the nation as reported by Bar and Bench,

“Why we decided to take suo motu though High Court was hearing it because this is not just a case of a horrific murder in the Kolkata hospital...but this is about systemic issue about safety of doctors across India.”

Addressing a National Concern

he Bench clarified that while the High Court of West Bengal was already addressing the case, the Supreme Court felt compelled to intervene due to the broader implications concerning the safety of medical professionals in India. CJI Chandrachud stated, “This is not just a case of a horrific murder in the Kolkata hospital... but this is about a systemic issue about the safety of doctors across India.” The Court highlighted the vulnerabilities women doctors face in hospitals, where inadequate facilities and long working hours exacerbate the risks they encounter.

CJI Chandrachud raised a poignant question, “Ultimately, what is equality under the Constitution if women cannot be safe in their workplace?” This question encapsulates the essence of the issue at hand, bringing to the forefront the constitutional guarantee of equality, which remains elusive if women continue to face such grave dangers in their professional environments.

Call for a National Protocol

he Supreme Court underlined the urgent need for a national consensus to establish a standard protocol that ensures safe working conditions for doctors. This protocol, the Court insisted, must be enforceable across the country to protect medical professionals from similar tragedies. The Court’s concern extends beyond the specific incident at RG Kar Hospital, addressing the broader, systemic failures that leave doctors, especially women, vulnerable in their workplaces.

Media Responsibility and Legal Protocols

he Court also expressed its dismay at the media’s handling of the incident, particularly the publication of the victim’s name and photographs. CJI Chandrachud reminded that there are legal precedents barring the disclosure of the names of sexual assault survivors, underscoring the importance of protecting the dignity and privacy of victims.

Unanswered Questions

he Bench raised critical questions about the handling of the case by both the hospital administration and the police. CJI Chandrachud questioned the initial response to the crime, noting that the Principal of RG Kar Hospital allegedly tried to mischaracterise the incident as a suicide. He expressed concern that the victim’s parents were not allowed to see the body until much later and questioned why no First Information Report (FIR) was filed until late at night, despite the clear evidence of murder.

Senior Advocate Kapil Sibal, representing the State of West Bengal, acknowledged that the inquest report indicated murder, but the delay in categorizing the incident as such raised further concerns. The CJI’s questions pointed to a potential cover-up or gross negligence, asking, “How did the Principal try to pass this off as a suicide? The body was passed to parents in the evening for cremation...then the next day, doctors are protesting, and a mob invaded the hospital and critical facilities were damaged. What was Kolkata Police doing?”

Solicitor General Tushar Mehta, representing the Central government, further questioned the police’s role in the aftermath of the incident, stating, “7,000 people cannot enter a place without the know-how of the police.” This statement highlights the perceived failure of law enforcement to maintain order and protect the crime scene.

Another troubling aspect brought to light by the CJI was the swift reappointment of the Principal of RG Kar Hospital to another college immediately after the incident. This action raised alarms about the accountability and transparency of the hospital’s administration.

Next Steps

The Supreme Court ordered the Central Bureau of Investigation (CBI) to file a status report on the case, emphasizing the sensitive nature of the ongoing investigation. The CJI stated, “CBI needs to file a status report on this Thursday and let it apprise us about the status. Since it is a sensitive stage, let it be given only to us. Today we will pass an order.”

This case not only sheds light on a tragic incident but also underscores the broader, systemic issues that need urgent attention to ensure the safety and dignity of medical professionals in India.

As the Supreme Court continues to monitor the investigation, its proactive stance sends a strong message about the importance of upholding constitutional rights and addressing institutional failures that jeopardise public safety.