The Supreme Court on Tuesday revealed why it took suo motu cognisance of the recent horrific rape and murder of a 31-year-old doctor in Kolkata’s RG Kar Hospital. Expressing concern over the lack of workplace safety in healthcare institutions, the court in order also took strong exception to the failure by the West Bengal government machinery to stop a large mob which on August 15 vandalised the emergency ward and other areas of the hospital after the crime. The court also expressed its deep concern over the name of the victim, her photographs and video clips showing her lifeless body having been splashed all over the media and ordered removal of name, photos, videos from media platforms
“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 kolkata hospital.. but this is about systemic issue about safety of doctors across India,” a bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra said while hearing the matter. Terming the incident as “horrific”, the bench excoriated the state government over the delay in filing the FIR and allowing thousands of miscreants to vandalise the state-run facility.
Taking a serious note of mob violence in the hospital and the allegation that the Kolkata police fled the scene, the top court ordered deployment of Central Industrial Security Force (CISF) at the hospital to enable doctors to resume work. “On 12:30 am on August 15, a large mob vandalised the emergency ward and other areas of the hospital. Following this, Indian Medical Association (IMA) called for nationwide withdrawal of emergency services for 14 hours. The State was expected to deploy State machinery to maintain law and order and protect crime scene. We are unable to comprehend why the State could not do so,” the Court said.
It also asked the West Bengal government to not unleash the “power of the State” on peaceful protesters and to deal with them with “great sensitivity in this moment of national catharsis”. The bench headed by Chief Justice DY Chandrachud criticised the ex-principal of RG Kar Medical College Dr Sandip Ghosh for trying to pass off the case as that of suicide and not letting the parents of the deceased to see her body for several hours. “What was the principal doing? Why was this inaction to first pass this as suicide and not registering an FIR. Body is handed to the parents for cremation late in the night. On the next day, the doctors are on protest and a mob assembles at the hospital.”The hospital is invaded and critical facilities are damaged. What was the police doing? A serious offence has taken place and the crime scene is within the hospital. The police should have protected the crime scene. How can the police allow vandals to enter the hospital. After the principal resigned, he is sent to another hospital. When his conduct was under scrutiny, how was he appointed to another college immediately,” the bench, also comprising justices JB Pardiwala and Manoj Misra, observed.
The bench said what has taken place in Kolkata is not just a horrific murder but an incident which has raised systemic issues about the safety of doctors.”We are deeply concerned that there is a virtual absence of safe work conditions across the country, particularly in public hospitals. Most of the young doctors have to put in 36 hours of work.
“We find that there are no duty rooms available, or separate restrooms for men and women doctors and nursing staff. We must evolve a national consensus that there must be a national standard protocol so that safe work conditions are provided,” the bench said.
If women cannot go to their place of work safely, then we are denying them equality, the apex court said. Senior advocate Kapil Sibal, appearing for the West Bengal government, refuted the observations and submitted that Kolkata police took all necessary action. He said he will place on record all the facts.
“Photos and videos were circulated before the police reached the crime scene. We didn’t allow anything to happen and cordoned off the area. Inquest was done and a case of unnatural death was registered immediately. We caught the culprit who was a civic worker. This is not adversarial litigation,” Sibal told the court. Solicitor General Tushar Mehta said a mob of 7,000 people could not have assembled at the hospital without the knowledge and consent of the police.
“Let West Bengal government not be in denial mode, there is complete failure of law and order in the state. A girl has lost her life due to a sexual pervert and an animal,” Mehta said. Sibal said over 50 FIRs have been registered following the vandalism incident and 37 people have already been arrested.
The top court asked the West Bengal government to not take coercive action against people holding peaceful protests and speaking up on social media. “Let not the power of the State of West Bengal be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis,” the apex court said. Sibal said a lot of misinformation is beng spread in the media about the case and the state government is only taking action against those involved in it.
The court then said,”We expect that West Bengal government shall observe necessary restraint in the face of peaceful protests being conducted by any quarter of the society bearing on the issues which form the subject matter of the incident in Kolkata.”