“Nation cannot wait for another rape…”: Supreme Court Urges Immediate Reforms After Kolkata Doctor's Murder; Forms National Task Force

The Supreme Court on Tuesday came down heavily upon the Bengal government and the Kolkata Police over the rape and murder of a postgraduate doctor at RG Kar Medical College and Hospital in Kolkata. Addressing the suo motu case, the court's remarks underscored the urgency of addressing women's safety, particularly in the workplace, amid ongoing nationwide protests. The Chief Justice of India (CJI) D.Y. Chandrachud, leading a bench with Justices J.P. Pardiwala and Manoj Mishra, stated that the country cannot afford to wait for another tragedy to prompt change.

"Medical professions have become vulnerable to violence. Due to ingrained patriarchal biases, women doctors are targeted more. As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground,” said CJI DY Chandrachud. The Supreme Court established a National Task Force (NTF) to develop safety protocols for medical professionals, comprising senior doctors, government officials, and medical association leaders. The court has scheduled the next hearing for August 22, 2024.

The Court directed the Central Bureau of Investigation (CBI), which is currently handling the case, to submit a status report on the investigation's progress by August 22. The Court criticized the initial response to the case, describing it as “horrific” and accusing the medical college principal of attempting to dismiss the incident as a suicide. The Court also questioned the West Bengal government's handling of the situation, including why the FIR was registered three hours after the body was handed over for cremation and why there was a delay in filing it.

"Why was the FIR registered three hours after the body was handed over for cremation? What was the principal doing? The FIR was not filed; the body was handed late to the parents. What is the police doing?" the Court inquired, expressing frustration with the lack of action and the delay in securing the crime scene.

The Court was particularly critical of the state’s handling of the vandalism that occurred at the hospital by a mob. Solicitor General Tushar Mehta, representing the Centre, condemned the West Bengal government's response, stating, "Let West Bengal not be in denial mode; there’s a complete failure of law and order in the state."

The Supreme Court has demanded that the West Bengal Government ensure those responsible for attacking the hospital are prosecuted and submit a status report on the vandalism by August 22. Additionally, the Court cautioned against using state power to suppress protests by doctors, civil society, or lawyers, labeling the situation as a time of “National Catharsis.” The Court also condemned the publication of the victim's name and graphic details, which it deemed a violation of the deceased’s dignity.

The Indian Medical Association (IMA) responded to the case with a nationwide strike, halting all non-essential medical services for 24 hours. On Wednesday night, thousands of women across India participated in "Reclaim the Night" marches, demanding justice for the victim. The Calcutta High Court has transferred the case from Kolkata Police to the CBI, following the arrest of a civic volunteer named Sanjoy Roy in connection with the crime.​