RG Kar victim’s justice key concern, charges of unfair practices in hospitals also serious: Lawyers

KOLKATA: Justice for the rape and murder of a doctor in R G Kar Medical College and Hospital is the primary concern but the allegations that the practice of several students obtaining degrees in medicine through unfair means must not be lost sight of, according to lawyers.

They expressed optimism that the National Task Force (NTF) formed by the Supreme Court to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals will have far-reaching effects in the future.

The apex court is scheduled to hear a suo-motu petition on the matter during the day, a month after the on-duty medic was raped and murdered inside the state-run hospital on August 9. A civic volunteer was arrested by the police the next day in connection with the case which the Calcutta High Court later transferred to the CBI.

The gruesome rape and murder sparked nationwide outrage.

"I am optimistic and certain that something will come out of it," former West Bengal Advocate General Jayanta Mitra told PTI.

Stating that the primary object is to ensure the safety of women and ensuring justice for the victim doctor, he said, "The biggest and most deep-rooted malady is the state of affairs in the field of medicine."

Mitra said that the question of allegations of some unscrupulous people obtaining degrees as doctors in some medical colleges in the state should not be lost sight of and must be taken care of.

"Who do you turn to if you feel that the person you are going to for treatment is an uneducated person who has passed the exam by paying money," said Mitra, a barrister who had resigned as Bengal's AG in 2017 after holding the position for a little over two years following differences of opinion with the state government over certain issues.

Following the medic's murder, allegations have surfaced that unfair practices have been adopted in some cases during examinations for medical students.

The CBI is also investigating a case of financial irregularities in R G Kar Medical College and Hospital during the tenure of its ex-principal Sandip Ghosh, who was arrested by the central agency in connection with the case on September 2.

Uday Shankar Chattopadhyay, a lawyer practising at the Calcutta High Court for 22 years, said that laws to ensure women's safety are already stringent, but the need of the hour is to ensure proper implementation of these.

"Registration of FIR in a fool-proof manner, keeping away political interference and ensuring proper investigation are the requirements," he said.

Chattopadhyay said that the newly implemented Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) have stringent provisions on crimes against women and children.

Maintaining that proper investigation is a must in crimes against women and POCSO cases, Chattopadhyay said that the perpetrators can get away without getting convicted if this is not done diligently.

"The Kamduni rape and murder of a 19-year-old college student is an example of such failures," he said.

The Calcutta High Court had overturned the death penalty to three convicts by a sessions court, commuting to life imprisonment to two and acquittal of the third. The court had observed that the state failed to prove conspiracy and prior concert in the crime beyond reasonable doubt.

Maintaining that the entire world is watching the developments over the RG Kar hospital case, another high court lawyer Arindam Das said that the formation of the NTF is a most welcome step.

He said though legal infrastructure is there, such crimes are still taking place.

"The Supreme Court taking up the issue will definitely have a far-reaching effect in ensuring safety and security of women at the workplace," he said.

The Supreme Court had on August 20 constituted a 10-member National Task Force to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals.

Hearing a suo-motu case related to the rape and murder of the medic in Kolkata, the apex court had expressed concern over the lack of workplace safety in healthcare institutions and said the country cannot wait for a rape or killing for real changes to take place on the ground.

A three-judge bench headed by Chief Justice D Y Chandrachud had said that nationwide protests following the brutal incident have brought the issue of lack of institutional safety for doctors to the forefront.

The 10-member task force headed by Vice Admiral Arti Sarin was asked to submit its interim report within three weeks.

The Supreme Court, which directed the Central Bureau of Investigation (CBI) to submit a status report on the progress made in its investigation into the killing, also asked the state government to submit a report on the action it has taken against the vandals.