Supreme Court on Kolkata doctor death: Nation can't wait for another rape for things to change

The case, which the Supreme Court took up suo motu, has sparked widespread protests and heightened concerns over women's safety in medical institutions.

"The nation cannot wait for another rape for things to change on the ground," the Supreme Court remarked in the RG Kar Hospital suo motu case on August 20. The top court also questioned the delay in registering an FIR concerning the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital, sharply criticising the role of the West Bengal government, college authorities, and mishandling of the matter.

The case, which the Supreme Court took up suo motu, has sparked widespread protests and heightened concerns over women's safety in medical institutions. The three-judge bench, led by CJI Chandrachud and including Justices JB Pardiwala and Manoj Misra, questioned why the First Information Report (FIR) was registered three hours after the victim's body was handed over for cremation.

During the hearing, Chief Justice of India (CJI) DY Chandrachud raised critical questions about the actions of both the hospital administration and local police following the brutal rape and murder of the postgraduate trainee doctor.

"The autopsy reveals that this is a case where a doctor is murdered..the FIR is registered at 11:45 pm? What was the principal, board in the hospital doing?," questioned CJI Chandrachud during the hearing today.

CJI Chandrachud expressed deep concern, asking, "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?"

Further questioning the role of the college Principal, Sandip Ghosh, "When the conduct of the Principal is under scrutiny how was the Principal appointed as a principal of another college immediately. The CBI needs to file a status report this Thursday and let it apprise us about the status and since it is a sensitive stage, let it be given only to us. Today we will pass an order".

The bench, headed by the CJI, further remarked, "We will indicate the broad parameters of our intervention. Let not the power of the state of West Bengal be unleashed on peaceful protestors. Whether doctors or civil society.. let the power of the state be unleashed on them at all", in the context of the attack on protesting doctors on the intervening night on August 14 and 15 at RG Kar Medical College.

The CJI also observed, "Doctors lack a place of resting, no basic hygiene is maintained for them; lack of security in medical healthcare units; doctors are left to handle unruly patients; only one common toilet is there for medical professionals in the hospital; professionals have to travel distances for washrooms accessibility", sharply criticising the apathy of healthcare professionals and lack of safety at workplaces.

The CJI noted that existing enactments do not address institutional safety standards for doctors and medical workers.

"Medical professionals have to brace various forms of violence. They work round the clock. the work conditions have made them susceptible to violence. In May 2024, on-duty doctors were attacked in West Bengal and died later. a nurse in Bihar was pushed by the kin of a patient..another doctor was attacked in Hyderabad. this is a sign of potent failure and systemic failure for the working conditions of doctors. due to ingrained patriarchal biases, the relatives of patients are more likely to attack women doctors and they are more susceptible to sexual violence too Aruna Shanbaug's case is a case in point. Gender violence shows a lack of safety for women in the system", stated the bench.

The Supreme Court also directed the West Bengal government to file a status report by August 22 on the progress of the investigation into the mob attack at RG Kar Medical College and Hospital.

Meanwhile, the Central Bureau of Investigation (CBI) is currently investigating the case, having taken over from Kolkata police based on a Calcutta High Court order. The Bengal government has established a special investigation team to examine alleged financial irregularities at RG Kar Medical College and Hospital.