From government inaction to state repression: What the Supreme Court said on the RG Kar case
Telegraph | 20 August 2024
The Supreme Court of India took suo motu cognizance of the gruesome rape and murder of the trainee doctor at the RG Kar Medical College and Hospital On Monday, amid the continuing nationwide protests. On Tuesday, a three judge bench of the apex court led by Chief Justice DY Chandrachud made strong observations, rebuking the West Bengal government over its mishandling of the situation.
Here’s a breakdown of the key observations made by the Supreme Court:
To Bengal government: 'Do not unleash the power of the State'
Chief Justice DY Chandrachud expressed his deep concern over the repression of protests in Calcutta. "We are very concerned, let not the power of the state of West Bengal be unleashed on the protestors," he said, referring to the actions of the police, who had summoned doctors and political figures for questioning based on social media posts related to the case. The court highlighted the victim’s dire working conditions, noting that she had no proper rest area after a 36-hour shift.
Criticises RG Kar Principal: 'Why was this inaction?'
The court reprimanded the state on the role of Dr. Sandip Ghosh, the ex-principal of RG Kar Medical College, for attempting to label the case as suicide instead of promptly filing an FIR. "Why was this inaction?" the bench questioned, adding that the principal’s actions contributed to the chaos that ensued at the hospital.
'No FIR was filed'
The Supreme Court expressed frustration over the delay in filing the FIR in the case. Chief Justice Chandrachud noted that the hospital initially attempted to pass off the incident as suicide, and despite objections from the state’s counsel, the bench observed, "No FIR was there which shows a clear case of murder." The victim's family had accused hospital authorities of trying to cover up the incident, leading to public outrage.
On police failure during vandalism: 'Mob of 7,000 couldn’t assemble without police knowledge'
During the hearing, Solicitor General Tushar Mehta pointed out the police’s complicity in allowing 7,000 people to gather at RG Kar Hospital during the protests. "A mob of 7,000 people could not have assembled at the hospital without the knowledge and consent of the police," he said. The SC echoed this concern and urged the state government to refrain from taking action against those peacefully expressing their views.
Orders removal of victim’s name, photos, and videos: 'Remove them immediately'
The bench ordered the immediate removal of the victim’s name, photos, and videos from social media, citing the Nipun Saxena case. "The pictures and video clips of the body of the deceased have been circulating on social media...we direct that name, photographs, and video clippings of the deceased be immediately removed," said the bench, expressing concern over the violation of privacy and dignity.
Appeals to doctors to resume work: 'Please trust us'
Addressing doctors protesting across the country, the Supreme Court urged them to resume work, assuring them that their safety was a "matter of highest national concern." The court said, "Please trust us," and reminded the medical community that their abstention from work was impacting those in urgent need of care.
Condemns systemic failures: 'The nation cannot await a rape or murder for real changes'
The bench condemned the recurring violence faced by medical professionals, particularly women. "The nation cannot await a rape or murder for real changes on the ground," it said, stressing the urgency of addressing the systemic failures that have left healthcare workers vulnerable. The court called for immediate reforms to safeguard the rights and well-being of those in the medical field.
Forms 10-member task force for doctor safety: 'A national protocol is needed'
The apex court constituted a 10-member National Task Force to develop protocols ensuring the safety and security of healthcare professionals. The task force, headed by Vice Admiral Arti Sarin, has been asked to submit its interim report within three weeks.