[RG Kar Rape] “Can’t Tell Women Not to Work at Night. State of West Bengal Has to Correct it”: CJI Blasts Mamata Govt. Over New Policy

The Supreme Court Today (Sept 17) said that the West Bengal government cannot prevent women doctors from working night shifts or beyond 12-hour shifts. “Women do not want concessions, only equal opportunities”: CJI said while hearing a suo motu case regarding the rape and murder of a junior doctor at the State-run RG Kar Medical College and Hospital. It was informed that the State, as part of recent security measures, has notified that the women doctors’ night duty may be avoided.

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NEW DELHI: The Supreme Court on Tuesday firmly stated that the West Bengal government cannot prevent women doctors from working night shifts or shifts exceeding 12 hours. The court underscored that women are not seeking concessions but rather equal opportunities in the workplace. This statement was made during the hearing of a suo motu case concerning the rape and murder of a junior doctor at the state-run RG Kar Medical College and Hospital in Kolkata.

A bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, expressed strong disapproval of the state’s recent security measure that aimed to avoid assigning night duties to women doctors.

CJI Chandrachud condemned the state’s action and emphasized the need for equal treatment of female professionals.

“How can that be? Women do not want concessions, but equal opportunities… women doctors are willing to work in all conditions. They must work in all conditions… State of West Bengal has to correct it. You cannot say that women doctors cannot work beyond 12-hour shifts and not at night… armed forces, etc. all work at night, which includes women,”

-he said.

Solicitor General Tushar Mehta also contributed, stating that if the West Bengal government was unwilling to provide the necessary security, the Central government would step in to offer protection for women doctors.

Senior Advocate Kapil Sibal, representing the West Bengal government, responded by confirming that the state would issue a new notification to rectify the decision. He explained that the restriction on women doctors’ night shifts was a temporary security measure implemented in response to recent concerns.

CJI Chandrachud, however, remained resolute, affirming that it is the state’s duty to ensure the safety of all women and that no woman in India should be restricted from working at night.

“We cannot tell any woman today in our country, who is in the workforce, that you will not work at night,”

-he remarked.

The court’s comments came in the context of a suo motu case regarding the brutal rape and murder of a 31-year-old resident doctor at RG Kar Medical College on August 9. The doctor was discovered dead in the college’s seminar hall, and an autopsy confirmed she had been raped and murdered.

This tragic incident has ignited nationwide outrage, with protests erupting across the country. Medical professionals have staged strikes demanding stricter laws and improved security to protect doctors and healthcare workers.

The investigation into the case has been handed over to the Central Bureau of Investigation (CBI), following an order from the Calcutta High Court, which transferred the case from the Kolkata Police to the central agency.

The Supreme Court on Tuesday refused to entertain an application that sought the resignation of West Bengal Chief Minister Mamata Banerjee.

Chief Justice of India (CJI) DY Chandrachud made it clear that the request was outside the scope of the court’s jurisdiction.

During the proceedings, a counsel raised an Interim Application (IA) requesting the court to direct the Chief Minister to resign.

This prompted a strong response from Chief Justice of India (CJI) DY Chandrachud.

CJI Chandrachud stated,

“Please listen carefully. This is not a political forum. As a bar member, you are expected to adhere to legal discipline, not to provide personal affirmations. Your opinion on political figures is irrelevant here. Your application is outside our jurisdiction. Look, I am sorry, I will have you removed from this court.”

This strong rebuke emphasized the court’s role as a legal institution, focusing on law and constitutional matters, and its refusal to entertain politically charged requests outside its legal authority.

EARLIER TODAY IN APEX COURT

The Supreme Court of India on Tuesday refused to stop the live streaming of the proceedings in the suo motu case concerning the rape and murder of a postgraduate medical student at Kolkata’s RG Kar Medical College and Hospital.

The court emphasized that the matter was of public interest, and the public has the right to be informed about the developments in the courtroom.

A bench consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra reviewed the report submitted by the Central Bureau of Investigation (CBI) and expressed concern that revealing the current status of the investigation could jeopardize further progress.

“This is a matter of public interest and the public must know what is transpiring in the courtroom.”

– the Bench said

During the hearing, Senior Advocate Kapil Sibal, representing the West Bengal government, requested the court to halt the live streaming of the proceedings. He raised alarming concerns, alleging that female lawyers from his chambers were receiving threats of acid attacks and rape in connection with the case.

In response, the top court assured Sibal that it would intervene if any real threats were made against lawyers or anyone involved in the case, offering to take appropriate protective measures.

“There are threats to women in my chamber and then there are posts about me laughing. When did I laugh. It is being said that acid will be thrown at them and raped etc. People on the ground are saying this,” 

-Sibal said.

“If there are any such threat to any man or woman, we will step in,” 

-the Bench reassured.

Sibal said that the reputation built by lawyers over 50 years is being destroyed overnight.

“I have great concerns at what is happening.. When a matter is livestreamed like this which has emotive implications. We are not here for the accused. We appear for the State and as soon as the court is making a comment our reputation is getting destroyed over night. It is 50 years of reputation. In Swapnil Tripathi case, it was held such cases should not be livestreamed,” 

-Sibal said.

Hence, he requested that live hearing of the matter should be halted but the Court refused to accede to that request.

“We will not stop the livestreaming. It is in public interest,” 

-the CJI remarked.

“What the CBI has revealed in its investigation is very disturbing. We are ourselves very disturbed by what we have read.”

-SC bench led by CJI Chandrachud

The medic’s body, which bore severe injury marks, was discovered on August 9. The next day, the Kolkata Police arrested a civic volunteer in connection with the crime. However, following a Calcutta High Court order on August 13, the case was transferred from the Kolkata Police to the CBI. The CBI commenced its investigation on August 14.

The hearing is still ongoing as the court continues to review the details of the case, which has attracted national attention due to its severity and the demands for justice from the medical community and the public.

The Rape-Murder That shocked The Country

The 31-year=old doctor was raped and murdered at the Kolkata hospital on August 9. Her partially clothed body was found at the hospital’s seminar room the next morning.

The prime suspect, who has been arrested, is Sanjoy Roy, a civic volunteer with the Kolkata Police, who was stationed at the police outpost at the hospital and had access to all departments.

But the investigation had left too many questions unanswered — including the various distorted versions told to the parents one of which was the claim that their daughter has died by suicide.

There were also allegations that the police had forced the cremation despite the parents’ unwillingness and one officer had even offered them money to bury the case.

There was the construction near the site of the crime, mob attack on the protesters at RG Kar hospital on the night of August 15 and the transfer of Sandip Ghosh to a top hospital hours after he submitted his resignation.

The courts questioned why the former principal had not file a complaint for a timely First Information Report, the lapses in postmortem report and the associated papers. The case was handed to the CBI, which first arrested Ghosh in connection with the parallel corruption case they are investigating and then for alleged evidence tampering.

The sequence of events led to spiralling protests that spread across the country, already outraged over the shocking crime.

Key 10 Developments in the Case

• Missing Document at the Last Hearing: During the September 9 hearing, a critical document related to the autopsy was found to be missing. The court had instructed the West Bengal government’s counsel, Senior Advocate Kapil Sibal, to present the document, which is issued when a body is handed over for autopsy after an inquest. The state requested additional time to locate it.

• Importance of the Missing Document: The CJI emphasized the importance of the document, which contains a column detailing the clothes and articles sent with the body for autopsy. Justice JB Pardiwala noted, “If this document is missing, then something is amiss,” urging the state government to provide a clear explanation.

• Court Orders to Doctors: On September 9, the Supreme Court had directed the protesting doctors to resume their duties by the following day. The court assured them that no action would be taken if they complied with the deadline.

• Protest Continues Despite Court Orders: Junior doctors in Kolkata refused to return to duty, despite the court’s directive. They asserted that the government and the court should not overlook the fact that this is a “people’s movement” and maintained their stance to continue the agitation until their demands were fully met.

• Government-Doctors Negotiations: A series of exchanges via mail took place between the West Bengal government and the junior doctors. The doctors demanded justice for the victim in the rape-murder case and sought the removal of top officials, including the Kolkata Police Commissioner.

• Meeting with the Chief Minister: After multiple canceled meetings over disputes regarding the videography of the proceedings, Chief Minister Mamata Banerjee finally met with the protesting doctors yesterday to discuss their demands.

• Government Agrees to Key Demands: Following the meeting, Mamata Banerjee announced late at night that the government had agreed to most of the doctors’ demands. She stated that Kolkata Police Commissioner Vineet Goyal had agreed to resign, and Deputy Commissioner of Police for North Kolkata, Abhishek Gupta, would also be removed. Additionally, two senior officials from the health department would be relieved from their current posts.

• Doctors’ Response to the Victory: The junior doctors hailed the government’s decision as a major victory in their 39-day-long agitation. However, they have reiterated that they will only return to duty once the government acts on its promises.

• CBI’s Evidence Tampering Charge: Between the last Supreme Court hearing and the upcoming one, a significant development has occurred. The Central Bureau of Investigation (CBI) has filed evidence tampering charges against Dr. Sandip Ghosh, the former principal of RG Kar Medical College. Additionally, Tala Police Station’s officer-in-charge, Abhijit Mondal, has also been arrested on similar charges.

• Details of the Crime: The victim, a postgraduate trainee doctor, was found dead in a seminar room at RG Kar Medical College on the morning of August 9. A medical examination confirmed that she had been raped before her death. Sanjay Roy, a civic volunteer who frequented the hospital, has been arrested in connection with the crime. The incident has sent shockwaves across the country and sparked widespread protests demanding justice.

Click Here to Read Previous Reports on Rape & Murder of a Doctor in Kolkata

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