Protecting Those Who Protect Us: Advocating For Healthcare Worker Safety

Introduction

The recent heinous rape and murder of a 31 year old lady doctor in kolkata has sent shockwaves throughout the nation, evoking widespread outrage and condemnation. On 9th August the semi-nude body of an on-duty female post-graduate trainee doctor was found inside the seminar hall of R.G. Kar Medical College and Hospital, this brutal attack has left the medical community and citizens at large demanding enhanced safety measures for women in the state along with resignation and apology from all the authorities of the hospital. 
Meanwhile, Sanjay Roy who is a civic volunteer has been apprehended as the prime accused in the egregious crime. He has been charged under Sections 103 and 64 of the BNS.

Post-mortem Report Findings:

The post-mortem reports revealed shocking details, according to the report the deceased was throttled and smothered to death. Strangling caused a broken thyroid cartilage, and deep wounds from perverted sexuality and genital torture were found. The report also noted bleeding from her eyes, mouth and private parts.  
The most shocking part of the report was the disclosure of about 150 mg of semen in the deceased body  which clearly shows involvement of more than one individual. 

Contentions Given in the Petition

Several public interest litigations were filed in the Kolkata High Court, praying for a fair investigation and the transfer of case to CBI. Among the petitioners were the deceased’s parents, they narrated the state in which the body of their daughter was found. They said they received a phone call at 10:53 am on 9th August by the hospital and were informed that their daughter was unwell, after 22 minutes they again got a call from the hospital that there daughter committed suicide on hospital premises. The parents said they were made to wait for 3 long hours in the hospital to see their daughter once. The parents mentioned the post-mortem report details citing the involvement of more than one person, the parents suspect that it is a case of gang rape. 

Contentions Given by the State

The state government counsel said that it is untrue that the parents were made to wait for 3 hours.
The counsel said that the body could not be moved out of the seminar hall because of the agitation all around comprising more than 150 people meanwhile the doctor examined the body in the seminar hall. 

CBI Take Over: HC Finds State Police Investigation Inadequate 

The bench led by Chief Justice TS Sivagnanam on Tuesday (13th August)  found no significant progress in the investigation and also found the possibility of destruction of evidence. Keeping the shortcomings on the side of the State Police, the HC transferred the case to the hands of CBI. The court referred its order with the decision given by the Supreme Court in K.V. Rajendran Vs. Superintendent of Police 12 SCC 480, in this case it was held that the Court may exercise its Constitutional powers for transferring an investigation from the state investigating agency to an independent investigating agency in rare and exceptional cases, where the Court finds it necessary in order to do justice between the parties and to instil confidence in the public mind. Eventually, the CBI took charge of the case on Wednesday and let’s see how far the case progresses.