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  4. What were hospital authorities doing? Why delay in FIR?: SC raps Bengal govt, police over Kolkata murder-rape

What were hospital authorities doing? Why delay in FIR?: SC raps Bengal govt, police over Kolkata murder-rape

The Apex Court also took the West Bengal government to task over delay in filing FIR in rape-murder case, asking what were hospital authorities doing.

Edited By: Nivedita Dash @Nivedita0503 New Delhi Published : Aug 20, 2024 11:53 IST, Updated : Aug 20, 2024 12:58 IST
Protest over Kolkata rape and murder
Image Source : PTI Protest over Kolkata rape and murder

The Supreme Court on Tuesday slammed the Kolkata Police and the West Bengal government over the SG Kar hospital rape and murder case and said that the state government can't force peaceful protestors. The Supreme Court has asked for status report of investigation from the CBI and has also sought report from West Bengal government on the ruckus at the RG Kar hospital. The next hearing will be on August 22. Solicitor General Tushar Mehta also observed that mob of 7,000 people cannot enter R G Kar Hospital without knowledge of Kolkata Police.  "Let West Bengal not be in denial mode, complete failure of law and order in state," he said. The SC further said that it will constitute a 10-member task force to formulate national protocol for ensuring the safety, and facilities for doctors.

WHAT SC OBSERVED:

  • Doctors should be provided an environment of security. Junior doctors, interns especially for women doctors. There should be a standard national protocol.
  • We are concerned about the safety of doctors, especially women doctors and young doctors.
  • Why we decided to take suo motu though high court was hearing it because this is not just a case of a horrific murder in Kolkata hospital.. but this is about systemic issue about the safety of doctors across India. On safety we are deeply concerned that there is virtual absence of safe conditions for doctors working in hospitals, women doctors, resident and non-resident doctors and the women docs who are more vulnerable.. the young docs have to put in long hours.. no separate rest and duty room for men and women doctors and we need to evolve a national consensus for a standard national protocol for safe conditions of work. ultimately what is equality under the constitution if women cannot be safe in their workplace.
  • Over the circulation of photo, and video of the deceased: "The protocol cannot be on paper but is enforceable across India. Regarding Kolkata, we are deeply concerned that the name of the victim and the photo, and video of the deceased is published all across the media.. the graphic shows her body which was after the incident.. there are judgments of the court which say names of sexual survivors cannot be published," CJI said.
  • Until late night there was no FIR... Did FIR say it was a murder?
  • "How did the principal try to pass this off as a suicide? The body was passed to parents in the evening for cremation.. The next day doctors protested and a mob invaded the hospital and critical facilities were damaged and what was Kolkata Police doing? The crime scene is in the hospital. Police has to protect the crime scene...what are they doing"
  • Parents were permitted to see the dead body after several hours. The high court transferred the investigations to CBI. On eve of independence day, a large mob vandalised the hospital. We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital
  • We will indicate the broad parameters of our intervention. Let not the power of state of Eest Bengal be UNLEASHED ON PEACEFUL PROTESTERS. Whether doctors or civil society.. let the power of state not be unleashed on them at all. 
  • Autopsy revealed that the doctor was murdered and the FIR was registered at 11:45 pm ?? what were the authorities at the hospital doing?? 
  • As more and more women join the work force, the nation cannot wait another rape for things to change on the ground," CJI Chandrachud said, adding that the existing enactments do not adequately address the institutional safety standards for doctors and medical workers.
  • West Bengal govt must ensure vandals who attacked RG Kar hospital are arrested and FIR filed against them
  • We see that Bengal Police is unable to provide security to the hospital due to RG, hence its security should be handed over to CISF. Chief Justice said that West Bengal Police should take seriously the questions being raised against it. The CISF will also provide security where the resident doctor lives.
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