Calcutta doctor rape and murder: Justice for RG Kar victims is the main concern, allegations of unfair practices in hospitals are also serious, say lawyers

A bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra during the second day of hearing in an ex officio case relating to the alleged sexual assault and murder of a junior doctor in Kolkata, at the Supreme Court in New Delhi, Monday, September 9, 2024. | Photo credit: PTI

The main concern is to avenge the rape and murder of a doctor at RG Kar Medical College and Hospital. However, the allegations that several students obtained their medical degrees through improper means cannot be lost sight of, the lawyers said.

They expressed optimism that the National Task Force (NTF) set up by the Supreme Court to develop a protocol to ensure the safety of doctors and other health workers will have far-reaching implications in the future.

The Supreme Court is scheduled to hear an ex officio petition in the case later today, a month after the on-duty paramedic was raped and murdered at the government hospital on August 9. The next day, a volunteer was arrested by police in connection with the case, which the Calcutta High Court later transferred to the CBI.

The brutal rape and murder sparked nationwide outrage.

“I am optimistic and sure that something will come out of this,” said former Attorney General of West Bengal Jayanta Mitra. PTI.

He said the main objective was to ensure the safety of women and to get justice for the doctors involved. “The biggest and most deep-rooted evil is the state of medicine,” he said. Mr Mitra said the issue of allegations that some unscrupulous persons had obtained doctorates from some medical colleges in the state should not be lost sight of and should be addressed.

“Who do you turn to if you feel that the person you are going to for treatment is an uneducated person who has passed the exam only for a fee,” said Mr Mitra, a lawyer who resigned from his post as Attorney General of Bengal in 2017 after holding the post for just over two years following disagreements with the state government on certain issues.

After the doctor's murder, allegations emerged that unfair practices had occurred in some cases during examinations for medical students.

The CBI is also investigating a case of financial irregularities at RG Kar Medical College and Hospital during the tenure of former principal Sandip Ghosh, who was arrested by the central agency in connection with the case on September 2.

Uday Shankar Chattopadhyay, a practicing lawyer in the Calcutta High Court for 22 years, said that there are already strict laws in place to ensure the safety of women, but now there is an urgent need to ensure their proper implementation.

Read also: Kolkata rape and murder case LIVE updates: CBI and WB government submit status reports to Supreme Court

“Registration of an FIR must be absolutely secure, political interference must be prevented and a proper investigation must be ensured,” he said.

Mr. Chattopadhyay said that the newly introduced Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) contain strict provisions on crimes against women and children.

Stressing that proper investigation is essential in crimes against women and in POCSO cases, Mr Chattopadhyay said that if investigations are not carried out carefully, the perpetrators may go without conviction.

“The rape and murder of a 19-year-old college student in Kamduni is an example of such failings,” he said.

The Calcutta High Court had set aside the death penalty for three convicts, commuted two to life imprisonment and acquitted the third. The court had found that the state had failed to prove beyond reasonable doubt that there was conspiracy and prior collusion in the crime.

Arindam Das, another Supreme Court lawyer, stressed that the whole world was following the developments in the RG Kar Hospital case and said that the formation of the NTF was a most welcome step.

He said that despite the existing legal infrastructure, such crimes still occur.

“The Supreme Court's consideration of this issue will certainly have far-reaching implications for the safety of women in the workplace,” he said.

The Supreme Court had set up a ten-member National Task Force on August 20 to develop a protocol to ensure the safety of doctors and other medical professionals.

While hearing an ex officio case related to the rape and murder of the doctor in Kolkata, the Supreme Court had expressed concern over the lack of occupational safety in health facilities and said the country cannot wait for a rape or a killing to happen before real change occurs on the ground.

A three-judge bench headed by Chief Justice DY Chandrachud said the nationwide protests following the brutal incident had brought to the fore the issue of lack of institutional security for doctors.

The ten-member task force led by Vice Admiral Arti Sarin was asked to submit its interim report within three weeks.

The Supreme Court directed the Central Bureau of Investigation (CBI) to submit a status report on the investigation into the murder and also asked the state government to submit a report on the action taken against the vandals.