Kolkata Rape and Murder Case | NTF submits pan-India recommendations on doctor safety

In Re: Alleged rape and murder incident of a trainee doctor in R.G. Kar Medical College and Hospital, Kolkata and related issues | Day 7

Today, a bench led by Chief Justice D.Y. Chandrachud heard the seventh day of arguments in the R.G. Kar Medical College and Hospital case. The Court had taken suo moto cognisance of the issue in the aftermath of the rape and murder of a woman-trainee doctor on 9 August. Currently, the bench is monitoring the safety measures undertaken by the West Bengal government for the safety of doctors. In the first hearing, the Court had established a National Task Force (NTF) and directed the Central Bureau of Investigation (CBI) to submit a status report on the investigation.

The NTF, composed of medical professionals, was tasked with formulating “effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals…”. In the previous hearing, the Supreme Court directed the NTF to submit a report with its recommendations within a reasonable time frame. Today, the NTF presented its report to the Court.

The CBI also submitted its sixth status report to the Court. Since hearings began in August 2024, the CBI had also been directed to update the Court on alleged financial irregularities at R.G. Kar Medical College and Hospital, which are purportedly linked to the rape and murder case.

The West Bengal government did not make any submissions today, though it had previously updated the Court on its investigation into alleged vandalism at the hospital shortly after the incident came to light.

Advocate Kanu Agrawal appeared for the CBI and presented the NTF’s report. Senior Advocates Indira Jaising and Karuna Nundy represented the Junior and Senior Doctors Association, while Senior Advocates Kapil Sibal, Rakesh Dwivedi, and Menaka Guruswamy appeared for the State of West Bengal.

Charges framed against prime accused; submits CBI 

In its status report, as noted by CJI Chandrachud, the Additional Sessions Judge at Sealdah, Kolkata, framed charges against the accused, Sanjoy Roy, on 4 November 2024. Roy faces charges under Sections 64, 66, and 103(1) of the Bharatiya Nyaya Sanhita, 2023, which deals with punishment for rape, punishment for rape resulting in the death of the victim, and murder. The next hearing date in Sealdah is set for 11 November 2024.

In his oral order, CJI Chandrachud observed that other aspects of the investigation, likely concerning the alleged financial irregularities, are still ongoing. He refrained from disclosing further details to protect the independence of the investigation. CJI Chandrachud directed the CBI to submit the next status report within four weeks, a period during which he will have retired from the Court.

Stakeholders directed to submit suggestions on basis of NTF report 

The NTF’s report, CJI Chandrachud stated, made recommendations in two categories: 

1. Prevention of violence against medical professionals and providing safe working conditions 
2. Prevention of sexual violence against medical professions. 

The Chief noted that the first category of recommendations was divided into short-term, medium-term, and long-term implementation goals. The NTF suggested that these recommendations should apply across all healthcare institutions in every state and union territory. The bench ordered that copies of the report be provided to all counsel present in court, as well as to the Chief Secretaries of each state and union territory. They were given three weeks to submit feedback and suggestions through soft copies. 

The Senior and Junior Doctors Associations raised concerns about the lack of a third-party monitoring system by the NTF to oversee the implementation of its recommendations. Jaising proposed that doctors’ associations be allowed to nominate individuals to oversee this. CJI Chandrachud invited concrete suggestions on strengthening implementation, stating, “We will certainly implement it. Give us your concrete suggestions…we will put them together.” 

Additionally, a counsel’s request to shift the trial location outside of Kolkata was met with disagreement by the bench and other counsel, who viewed it as a potential delay tactic.

As CJI Chandrachud will retire on 10 November, with his last working day tomorrow, a new bench will hear the case after four weeks.