The incident that took place in Kolkata’s R.G. Kar Medical College and Hospital is alleged rape and murder of a young trainee doctor. This Incident took place on 9^th of August, 2024.

The victim was covered with injuries to her face and her body, her parents were informed that she “allegedly committed suicide”.

Facts of the Case

Sanjay Roy was arrested in connection with this case on August 10^th, after the arrest examination was conducted it was followed by subsequent confession of guilt.

The autopsy report of the victim confirmed that she has been murdered after she was sexually assaulted.

As soon as the news about the alleged Rape and murder spread the country protests took place, and it was discovered that there were many irregularities in the response that was given by the administrative authority of the college with the Indian Medical Association (IMA) and the doctors all over the country are demanding swift action to be taken against the people who have committed the alleged crime.

On August 11^th, the Superintendent of the college was transferred, on 12^th August, Sandip Ghosh resigned following demands of his accountability.

The Federation of Resident Doctors Association (FORDA) announced a nationwide halt to elective medical services as a form of protest. By August 13, the Calcutta High Court had intervened, ordering the former Principal to take an extended leave, and the Central Bureau of Investigation (CBI) took over the investigation, signalling how grave the committed crime is.

On Independence Day of India, i.e., August 15, a mob, a group of unidentified men, stormed into the hospital and vandalised the emergency department as well as the nursing station of the hospital.  This act of violence led to the arrest of at least 19 individuals on August 16.

The Indian Medical Association (IMA), alleging that evidence was tampered with at the crime scene, called for a nationwide strike on August 17. Amidst these developments, the National Commission for Women (NCW) criticised the sudden renovations at the incident site, while the Health Ministry urged doctors to resume their duties and pledged to form a committee to enhance the safety of healthcare professionals.

The Consequences of the Incident

August 19 to August 27 of 2024 witnessed a series of instances in the investigation of the raped and murdered trainee doctor at R.G.Kar Medical College and hospital, Kolkata and response from masses.

This was a time when there was a great focus on the courts with Radio presenting protest programs, and other breakthroughs in the investigative process where Main CBI was mainly involved in the investigation of this case.

Later, on 19th August, the CBI raised the heat of investigation by questioning the former Principal of R. G. Kar Medical College, Sandip Ghosh for the fourth time in a row. Retrieved on 26th April, 2012, This agency wished to get more details of the incident that led to the death of a trainee doctor.

At the same, a local Court allowed the CBI to take polygraph test on the prime accused Sanjay Roy to check the authenticity of his statement which also help to strengthen the case against them.

The whole scenario made the Urgent need for the intervention of the Supreme Court of India and so the Court took suo motu cognizance on the matter on August 20.

The bench headed by CJI D.Y. Chandrachud took a stand by first raising concerns over safety of one’s own health care givers and the shortcomings in the case. Consequently, the Supreme Court formed a task force that was tasked with the responsibility of coming up with a national protocol that would enhance the security of doctors across the country.

The Court also ordered both the state government and the Kolkata police to file a report on the status of the state of affairs which is a clear indication that the situation at hand is extremely sensitive. This action of the Supreme Court brought complex change at the national level, which called for systemic reform to safeguard the doctors.

On 21 August under pressure the Kolkata Police decided to transfer three police officials for their inability to stop the violence that took place at R. G. Kar Hospital on 15 August.

The Union government was aware of the need to improve security situation at the hospital, and therefore ordered the CISF to assume control of security at the institution forcibly. This was done primarily to ensure that there was order prevailing in the country so as to avoid occurrences of violence.

The Court, at the time of hearing on August 22, had shown its displeasure on the action taken by Kolkata Police. The Court challenged the police on the delay to inform the Tala police station on the death of the victim in an unnatural situation, the areas that were missing in post mortem and the time it took before the formal report was prepared. The above hiatus was specifically considered as “very concerning” by the Chief Justice Chandrachud implying that the procedure might have been flawed. The Court called in the Assistant Superintendent of Police for the next hearing to come, thus making the situation very grave. Consequently, the protesting doctors halted their strike, with an assurance to go back to workforce while the probe got under way.

On 23^rd August, the resident doctors across said medical facilities returned to work, including, AIIMS, RML Hospital and Maulana Azad Medical College. It was arrived at after the Supreme Court order to protect officers in the health facilities. In the same regard, a special court in Kolkata gave its nod of approval to conduct the polygraph test to be administered on Sanjay Roy, the prime accused. Street protests and marches were conducted throughout the city of Kolkata where people wanted quick and efficient investigation to be made on the case as the citizens were concerned and furious.

The next day on 24^th of August, polygraph tests were taken on Sanjay Roy and six others linked to the case. Roy’s polygraph test was taken inside the prison, the remaining six including former Principal Sandip Ghosh, four doctors who were on duty during the time of the incident and a civil volunteer were taken at the CBI office. These were among the tests applied by the CBI towards realizing contradictory statements as well as obtaining stronger evidence.

Subsequently, on August 25 a lie-detection test was conducted on Sanjay Roy at the Presidency Jail in Kolkata which again took the investigation forward. The agency also undertook raids at lieu of Ghosh, former MSVP Sanjay Vashisth and other individuals in and around Kolkata. These searches were carried in association with other search related to some financial scams at the R. G. Kar Medical College and Hospital. Another team of officers from CBI searched the office of the former principal of the hospital and had a look at the canteen in the academic block which probably was looking for some papers or some clue regarding this case.

Stressing the situation, on the 26^th of August the student organization Paschim Banga Chhatra Samaj announced the ‘Nabanna Abhijan’ march, to take place on the 27^th of August.

This demonstration planned to ask for the removal of West Bengal Chief Minister Mamata Banerjee proves that the public is equally tired with the state government’s mishandling of the said case. Protest March Started on 27^th  August, wherein hundreds of people, specially youths, grouped at two different places in Kolkata.

The rally degenerated to some altercations with the police which saw some of the protesters and the police forces injured. To control the crowd, the police used tear gas, water cannon and charged them with the baton due to which many protesters were injured.

In these circumstances the CBI exposed its plan to forward the DNA and forensic reports regarding the case to AIIMS. The agency also moved an application in an area court at Kolkata to take a polygraph test from the Assistant Sub Inspector Anup Dutta who was believed to be in delegated contact with Sanjay Roy. The CBI was also thinking over as to whether or not Dutta had any part to play in trying to hush up the crime that further complicates the case.

The Legal Perspective on Rape cases

Section 63 of Bhartiya Nyaya Sanhita gives definition of Rape and the above case is alleging rape, therefore, it is important to know how rape is defined under the Substantive Law of crime in India.

Section 63. A man is said to commit “rape” if he—

• penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
• inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
• manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or
• applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person, under the circumstances falling under any of the following seven descriptions:—
• against her will;
• without her consent;
• with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt;
• with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married;
• with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent;
• with or without her consent, when she is under eighteen years of age;
• when she is unable to communicate consent.

Moving further to the Procedural Code and how the authorities should have proceeded with the investigation.

The procedure for Investigation Starts from FIR, in the above case, there is irregularity present in the time of filing of the FIR, the procedure for FIR is given under Section 173 of BNSS.

The Supreme Court on highlighted the fact of significant delay in filing the First Information Report (FIR) concerning the rape and murder. During the hearing, Chief Justice of India (CJI) DY Chandrachud led a bench that expressed deep concerns about the involvement of the former principal of the medical college.

The bench questioned the reasons behind the delayed FIR and the principal’s role in this delay, asking, “Who was in touch with the principal of RG Kar Medical College? Why did he delay the FIR? What was the purpose?” This line of questioning highlighted suspicions of a possible cover-up by the hospital administration.

Representing the Central Bureau of Investigation (CBI), Solicitor General Tushar Mehta pointed out that senior doctors and the victim’s colleagues had requested a videograph of the proceedings, indicating their concerns about potential evidence tampering. He stated that the victim’s father had insisted on filing the FIR, which was only registered after the cremation of the victim, further raising suspicions of a deliberate attempt to cover up the crime.

The CBI also revealed that the post-mortem had been conducted between 6:10 pm and 7:10 pm on August 9, even before the official registration of the case of unnatural death, which was only recorded at 11:30 pm on the same day.

The Supreme Court expressed its disturbance over the timing of these legal formalities, questioning why the post-mortem was conducted before the case was formally registered.

The bench directed the Kolkata Police officer responsible for the initial entry to appear at the next hearing to clarify the timing. Additionally, the Solicitor General highlighted that the FIR was registered at 11:45 pm, after the cremation, which further increased the court’s concerns about the investigation’s integrity.

In response to the widespread protests, the Supreme Court directed the Central government to ensure the safety of doctors participating in peaceful demonstrations.

The Court emphasised that while peaceful protests should not be disrupted, the West Bengal government could still exercise its lawful powers. The bench also ruled that no coercive actions should be taken against doctors for protesting, urging all parties to refrain from politicising the issue. Additionally, the court directed the Union Health Ministry Secretary to create a portal for stakeholders to submit suggestions to the National Task Force on doctor safety.

The Supreme Court’s intervention also led to a breakthrough in the ongoing protests. The court urged the protesting doctors to return to work, assuring them that no adverse action would be taken. Following this assurance, doctors from AIIMS and other institutions announced the end of their 11-day strike, which had responded to the horrific incident at RG Kar Medical College and Hospital. The court’s directive marks a significant step in addressing the medical community’s concerns while ensuring that justice is served in the tragic case.

Supreme Court’s Order

The Order of the Court details a non-exhaustive list of safety issues plaguing members of the medical profession today. This includes: 

1. The lack of adequate resting spaces for doctors on night shifts, including the lack of separate rooms for male and female doctors
2. Lack of basic sanitation needs for interns and staff who are on work shifts spanning over 36 hours
3. Lack of security personnel in medical units
4. Insufficient toilets on hospital premises
5. No transportation facilities for doctors and staff who reside far from the hospitals
6. Absence or lack of properly functioning CCTV cameras in hospitals
7. Unrestricted access to patients and attendants to all areas of the hospital
8. Lack of screening for arms at hospital entrances
9. Ill-lit areas in hospitals
10. Lack of supportive facilities, training and communication to doctors who play the dual role of medical professionals and ‘emotional support givers’ and
11. Higher risk of violence in areas such as ICUs in hospitals

Key Points of the case are:

1. Formation of the National Task Force: The Task Force consists of eminent medical professionals and administrators from across India. Its mandate is to formulate actionable recommendations addressing doctors’ and medical staff’s safety, working conditions, and overall well-being. Notably, high-ranking officials from the government, including the Cabinet Secretary and Health Secretary, will serve as ex-officio members, underscoring the importance of this initiative.
2. Suo Motu Cognizance: The Supreme Court took suo motu cognisance of the case despite it being under the purview of the Calcutta High Court. This was motivated by the broader implications for the safety of medical professionals nationwide beyond the specific incident.
3. Concerns Over Systemic Issues: The Court highlighted several systemic issues affecting the safety of doctors, including inadequate resting spaces, poor sanitation, lack of security personnel, and insufficient safety protocols in hospitals. The bench noted that the incident in Kolkata revealed a much larger problem of unsafe working conditions for doctors in public hospitals across India.
4. Delay in FIR and Hospital’s Role: The Court was particularly critical of the West Bengal government and the hospital administration for the delay in filing the FIR. Despite the crime being detected early in the morning, the FIR was not filed until late that night, after the doctor had been cremated. The Court questioned the hospital’s attempt to suppress the incident by initially passing it off as a suicide.
5. Response to Vandalism and Security Failures: The bench expressed shock at the police’s failure to prevent the vandalism of the hospital by a mob during a protest. The Chief Justice questioned the effectiveness of the local police in protecting the crime scene and ensuring the safety of doctors. The Court suggested that the Central Industrial Security Force (CISF) might be better suited to provide protection, rather than the local police who had fled during the violence.
6. Immediate Court Directions:
   • The Task Force is to submit an interim report within three weeks and a final report within two months.
   • The CBI was directed to file a status report on its investigation, and the West Bengal government to report on the vandalism by the mob by August 22, 2024.
   • The Union government was instructed to collect data from government hospitals nationwide regarding safety protocols and submit this information to the Court within a month.
7. Appeal to Medical Professionals: The Supreme Court made an open appeal to the protesting doctors to resume work, assuring them of the Court’s commitment to ensuring their safety. The Court emphasized the severe impact on patients caused by the strike and urged a return to normalcy.

The National Task Force

The bench set up a nine-member National Task Force to formulate protocols governing the safety of medical professionals. “We have, in this backdrop, formed the view that a national consensus must be evolved,” the Court’s Order said. 

The members of the Task Force are: 

1. Surgeon Vice Admiral Arti Sarin, AVSM, VSM, Director General, Medical Services (Navy)
2. Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad
3. Dr M Srinivas, Director, All India Institute of Medical Sciences (AIIMS), Delhi
4. Dr Pratima Murthy, Director, National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru
5. Dr Goverdhan Dutt Puri, Executive Director, All India Institute of Medical Sciences, Jodhpur
6. Dr Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology, GI and HPB Onco-Surgery and Liver Transplantation and Member, Board of Management, Sir Ganga Ram Hospital, New Delhi; Member, Court of Examiners, Royal College of Surgeons, England
7. Professor Anita Saxena, Vice-Chancellor, Pandit B D Sharma Medical University, Rohtak. Formerly Dean of Academics, Chief- Cardiothoracic Centre and Head Cardiology Department at All India Institute of Medical Sciences (AIIMS), Delhi
8. Dr Pallavi Saple, Dean, Grant Medical College and Sir JJ Group of Hospitals, Mumbai and
9. Dr Padma Srivastava, formerly Professor at the Department of Neurology, AIIMS Delhi. Currently serving as the Chairperson of Neurology at Paras Health Gurugram.

Conclusion

The case of the young trainee doctor at R.G. Kar Medical College and Hospital in Kolkata, who was raped and murdered on August 9, 2024, has started outrage and calls for systemic reform. The arrest of Sanjay Roy, the accused, and the subsequent discovery of the victim’s murder following sexual assault have triggered national protests and an examination of institutional failures.

The response from authorities has been tumultuous. Initial irregularities, such as the delayed FIR and post-mortem procedures, raised suspicions of a cover-up. Protests, led by the Indian Medical Association (IMA) and other medical bodies, highlighted hospital security and administrative accountability deficiencies. The intervention of the Supreme Court on August 20 was pivotal, leading to the formation of a National Task Force aimed at developing comprehensive safety protocols for healthcare professionals.

The Supreme Court’s order emphasised the need for improved safety measures, including adequate resting spaces, security personnel, functioning CCTV cameras, and better sanitation. It also critiqued the delayed response by the Kolkata police and the handling of the FIR and post-mortem. The Court’s intervention not only sought justice for the victim but also aimed to address systemic issues affecting doctors nationwide.

The National Task Force, composed of eminent medical professionals, has been tasked with formulating actionable recommendations to enhance the safety and working conditions of doctors. This initiative underscores the Court’s commitment to systemic reform and safeguarding medical professionals, reflecting a broader need for improved security and procedural transparency in Indian healthcare institutions.

What’s Next?

Previously, the case of Nirbhaya and now the Kolkata Rape case, there are many cases like this happening each and every day in India, the woman in India are scared of every man, is the task force enough to maintain the integrity of this country, rapes are happening and the things are not being controlled, is the penalisation of rape enough for the country? I don’t think it is, there must be a development in the education system of India, and instead of separating the genders, there should be classes for mutual respect.

The statement made by Mamata Banerjee, “Rape cases are on the rise because boys and girls interact more freely now. Earlier, if men and women held hands, they would be caught and reprimanded by parents, but now everything is so open. It’s like open market with open options.”

In 2012, it resurfaced, and this resurfacing gave a huge political agenda to the situation. If instead of politics, the politicians worked more towards the gravity of the situation that has arisen, the people would be happier.

The fear of the women will not go away until something more is done in the case regarding the safety of women. There shouldn’t be a question of “Is it enough” while punishing those who should have been punished. It is shameful to say, but in the Indian subcontinent, rape is something that every girl is hearing and told to be safe from.

Published on September 4, 2024

Drafted by: Shreyashi Chaudhary, 3^rd Year B.B.A. LL.B., Symbiosis Law School