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Nation can’t wait for another rape: SC condemns handling of Kolkata doctor rape-murder case

The Supreme Court took suo-motu cognizance of the incident, citing serious lapses in how the case was handled by both the hospital authorities and the West Bengal government.

Nation can’t wait for another rape: SC condemns handling of Kolkata doctor rape-murder case

Photo: Supreme Court of India (IANS)

The Supreme Court on Tuesday condemned the handling of the brutal rape and murder of a 31-year-old post-graduate trainee doctor at Kolkata’s RG Kar Medical College and Hospital, and said that the nation can’t wait for another rape for things to change on the ground.

The incident, which occurred on August 9, has promoted nationwide protests and renewed scrutiny on the safety of medical professionals, particularly women.

During the suo-motu hearing of the case, Chief Justice of India (CJI) DY Chandrachud expressed deep concern over the vulnerability of medical professionals to violence, with a specific emphasis on the dangers faced by women in the field.

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Highlighting the ingrained patriarchal biases, CJI Chandrachud noted, “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 Supreme Court took suo-motu cognizance of the incident, citing serious lapses in how the case was handled by both the hospital authorities and the West Bengal government.

A three-judge bench, comprising Justices JB Pardiwala and Manoj Misra alongside CJI Chandrachud, came down heavily on the hospital authorities, and asked why there was a delay in the registration of the FIR.

“Why was an FIR registered three hours after the body was handed over for cremation?” the bench asked, pointing to significant procedural failures.

The body, according to the court, was handed over to the victim’s parents at 8:30 pm, yet the FIR was only filed three hours later, despite an autopsy revealing clear signs of murder.

CJI Chandrachud questioned the handling of the incident and asked, “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 CJI further highlighted disturbing details about the initial response to the crime, indicating that the hospital’s principal allegedly tried to pass off the incident as a suicide, preventing the parents from seeing their daughter’s body.

“It appears the crime was detected in the morning. The hospital’s principal tried to pass it off as suicide and the parents were not allowed to see the body. No FIR was filed,” CJI Chandrachud remarked.

However, senior advocate Kapil Sibal, representing the state, argued, “That is not correct. FIR was registered immediately, and the inquest shows it is a case of murder.”

The top court has constituted a National Task Force (NTF) to address the broader concerns of medical professionals, including those highlighted in the court’s recent order.

The NTF is charged with formulating action plans focused on two critical areas. First, it will address the prevention of violence against medical professionals, with particular attention to gender-based violence.

Second, it will work on establishing a national protocol that guarantees dignified and safe working conditions for all levels of medical staff, including interns, residents, and senior doctors.

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