[RG Kar Rape-Murder] “Why is Progress on Safety Measures, CCTV So Delayed in Hospitals?”: CJI Slams West Bengal Govt.

Today, September 30, the Supreme Court questioned the State of West Bengal about the slow progress as regards the improvement of safety measures for doctors in government hospitals across the State. A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra noted that more than 50 percent of the work as per its earlier directions were yet to be complete. The Bench was hearing a suo motu case regarding the rape and murder of a 31-year-old resident doctor, who was found dead at the State-run RG Kar Medical College and Hospital in Kolkata.

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NEW DELHI: The Supreme Court raised concerns over the sluggish pace of safety improvements in government hospitals across West Bengal. A Bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, observed that more than half of the work outlined in its earlier directives remained incomplete.

The Bench, expressing dissatisfaction, inquired,

“What steps have been taken by West Bengal to install CCTV cameras, construct toilets, create male and female duty rooms, biometrics, etc.?”

In response, Senior Advocate Rakesh Dwivedi, representing the State of West Bengal, explained that logistical issues, including floods, had caused delays.

He informed the court that while 6,178 CCTV cameras were to be installed,

“22 percent has been completed.”

The Court, however, remained unimpressed, stating,

“Why is the progress so tardy… no areas are above 50 percent.”

Dwivedi assured the Bench that

“most of the work will be completed by October 15.”

The Bench was hearing a suo motu case concerning the rape and murder of a 31-year-old resident doctor at the State-run RG Kar Medical College and Hospital in Kolkata. The victim was found dead in the seminar hall of the college on August 9. An autopsy confirmed that she had been raped and murdered.

This tragic incident ignited nationwide outrage, with protests from medical professionals across the country. Doctors went on strike, demanding stricter laws and enhanced policing to ensure the safety of medical staff in hospitals. The incident highlighted the urgent need for improved security measures in medical institutions, especially for female professionals.

Following the murder, the Central Bureau of Investigation (CBI) took over the case after the Calcutta High Court transferred the investigation to the central agency. The Supreme Court subsequently initiated a suo motu case in response to the outcry.

Supreme Court Directives on Safety Measures

In an earlier hearing, the Supreme Court issued several key directives aimed at improving the safety and dignity of doctors, particularly female medical professionals. One of the major initiatives was the establishment of a National Task Force to address the broader issues surrounding the safety of doctors and to combat gender-based violence in medical workplaces.

The Court also instructed the State and the CBI to submit regular status reports on the progress of the investigation into the doctor’s murder. Furthermore, it ordered that Central Industrial Security Force (CISF) personnel be deployed at RG Kar Medical College and Hospital to enhance security on the premises.

Despite these efforts, the Court had previously expressed concern over the slow pace at which safety measures were being implemented in medical colleges and hospitals across the State.

The ongoing delays have raised questions about the State’s commitment to addressing these critical security issues, especially in light of the grave nature of the case that brought these shortcomings to the forefront.

As the deadline for the completion of safety installations approaches, the Court will continue to monitor the progress and take further steps to ensure that the safety and dignity of medical professionals are upheld throughout the State of West Bengal.

SC Expands Earlier Order to Social Media Intermediaries

During the hearing today, the Supreme Court turned its attention to the ongoing issue of disturbing images and videos of the deceased RG Kar Medical College doctor circulating on social media.

In response, the Court extended its previous order directed at Wikipedia, instructing all social media platforms to ensure that no images or any material revealing the victim’s identity are displayed.

“The earlier order of Wikipedia shall be applicable to all social media intermediaries and ensure that no picture etc. of the victim of RG Kar rape and murder is displayed,”

-the Court ordered.

Further, the Court noted a submission by Solicitor General (SG) Tushar Mehta, stating that the Ministry of Electronics and Information Technology (MEITY) will nominate a nodal officer.

This officer will be responsible for monitoring any such uploads on social media, enabling quick communication with intermediaries to have such content removed. The Court also encouraged MEITY to “consider laying down guidelines to handle such cases” effectively in the future.

Additional Allegations and Investigations Raised

Senior Advocate Indira Jaising brought additional concerns to the Court’s attention, emphasizing that the case involves more than just the rape and murder of the victim. Jaising contended,

“This is not a simple rape and murder case. There are others involved also… at the request of the principal, there were some present at the scene of the crime.”

Senior Advocate Karuna Nundy echoed Jaising’s concerns, adding that individuals implicated in financial irregularities at RG Kar Medical College are still in positions of power, contributing to a “threat culture.” Nundy stated,

“A lot of them mentioned in the CBI report regarding financial irregularity are holding positions of power, and this is why the threat culture is existing.”

Jaising further requested the temporary suspension of the seven individuals investigated by the CBI, stating,

“The seven from RG Kar investigated by CBI are still in employment, and we are seeking their suspension temporarily till a decision is taken. How can the doctors work safely if they are still in a position of power?”

Court Demands Clarification from Solicitor General

In response to these concerns, the Supreme Court directed the Solicitor General to provide further clarity on the situation.

“This is something you must apprise on the next day of hearing, Mr. SG. Tell us, are there any people in the hospital who have allegations concerning the crime or financial irregularity,”

-the Court instructed.

State’s Actions on Suspensions

Senior Advocate Rakesh Dwivedi, representing the State of West Bengal, responded by informing the Court that five doctors have already been suspended, and the State will take further action if any material evidence is provided by the CBI against other individuals.

Dwivedi emphasized that the State would act in accordance with service rules and regulations based on the evidence shared.

The Court formally recorded these submissions in its order:

“During the hearing, counsel for resident doctors have drawn attention that several persons who face several allegations of misdemeanour are still working at the hospital. Status report shows several aspects under investigation. Prayers that they be suspended or be sent on leave will require examination by the State. Senior Advocate Rakesh Dwivedi states that if CBI shares material with State showing material against such persons, State shall act in accordance with service rules and regulations.”

The Court also hinted at the possibility of issuing additional directions to the CBI, depending on the scope of further investigations.

“The Court shall take a call on what further directions would be needed for the CBI, which may travel beyond the RG Kar incident,”

-the order noted.

The hearing highlights the Supreme Court’s commitment to addressing both the safety concerns of medical professionals and the broader systemic issues of misconduct and financial irregularity in the healthcare sector. Further actions will likely be determined in the upcoming hearings based on the reports provided by the State and the CBI.

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.

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

Click Here to Read Previous Reports on CJI

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