Kolkata Rape and Murder case: Supreme Court took Suo Motu Cognizance and will hear the matter on August 20 (Today)
Recently, the Supreme Court (SC) of India has taken suo motu cognizance of the rape and murder of a 31-year-old resident doctor who was found dead at the State-run RG Kar Medical College and Hospital in Kolkata. The suo motu case titled “In re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and Related Issues,” was registered on August 18, 2024 (Sunday). A three-judge bench constituting Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra will hear the matter on August 20, 2024 (today). In a recent development, the Calcutta High Court (HC), after expressing its dissatisfaction with the Kolkata Police transferred the investigation to the CBI (Central Bureau of Investigation) on August 13, 2024.
In context with this suo motu case, the Federation of Association of Medical Consultants of India (FAMCI) filed an intervention application before the SC highlighting the dangerous working conditions under which India's healthcare professionals continue to operate over the years despite demanding safety measures. It said, “Violence against doctors in India has become a chronic and unresolved issue, for which we have yet to find a lasting solution… affects the individuals involved but also disrupts the functioning of the entire healthcare system.” It added, “A major factor contributing to this persistent problem is the absence of uniform safety protocols across healthcare facilities nationwide. To create a safer environment for healthcare providers, and in the absence of Central legislation, there is an urgent need for the issuance of stringent uniform guidelines that apply uniformly across all states and medical institutions.”
The FAMCI’s plea said, “Despite countless protests and requests for safety measures, doctors, nurses, and other healthcare workers remain vulnerable. Simple yet critical measures, such as improved lighting, increased security, and the installation of properly monitored security cameras, have not been implemented in many institutions, leaving healthcare professionals exposed to violence. Some doctors protesting in Delhi have pointed out that medical colleges often have ill-lit corridors, poorly secured wards, and long distances between departments, which further contribute to their vulnerability.” Through this, the application highlighted the need for centralized policies to overcome the issue.
The plea states, “Centralized policies would also help address the issue of accountability. Currently, a lack of cohesion in safety protocols leads to varying levels of implementation, leaving healthcare workers in some areas more vulnerable than others. Strict enforcement of these guidelines at the national level would help standardize safety measures, ensuring that healthcare workers across the country benefit from consistent protections. Only through such uniform, legally binding measures can we hope to bring about a meaningful change in the safety and security of India's healthcare workforce.”
On August 09, 2024, the body of the post-graduate trainee doctor was found in the seminar room of the RG Kar Hospital. The very next day, the Kolkata Police arrested a civic volunteer in this connection. On August 13, the Calcutta HC directed the CBI to take over the investigation. Also, the Calcutta HC criticized the West Bengal machinery for vandalism at the hospital during protests. The incident sparked nationwide outrage and protests. Along with FAMCI, various other medical consultants approach the top court regarding the safety issue seeking strong preventive mechanisms. The Supreme Court bench will hear the matter, as the first matter, on August 20, 2024 (today).
