A protesting women against the Kolkata Rape Murder (Image Source: Deccan Herald)
On August 15, two Supreme Court lawyers, Ujjawal Gaur and Rohit Pandey, addressed a letter to Chief Justice of India DY Chandrachud, urging him to take suo motu cognizance of the horrific rape and murder of a doctor at Kolkata’s RG Kar Medical College. In their letter, the advocates emphasised the urgent need for the Supreme Court to intervene, highlighting the gravity of the situation and the necessity for immediate judicial action.
What does the petition say?
The letter conveyed the sentiment that the judiciary is seen as the ultimate protector of justice, especially in cases where the voices of victims have been brutally silenced. “The nation looks to the judiciary as the ultimate guardian of justice, the last refuge for those whose cries have been silenced by brutality. The victim in this case, a young doctor whose life was dedicated to serving others, deserves nothing less than the full measure of justice that our legal system can provide. Her death must not be in vain; it must galvanise us to act, to ensure that no other woman suffers such a fate,” the letter stated.
The advocates further underscored the broader implications of the crime, stating that it is not just a violation of innocent life but an attack on the fundamental values of justice and humanity enshrined in the Constitution. “This case is not merely a bizarre violation of an innocent life; it is an assault on the very soul of our nation, an egregious affront to the ideals of justice and humanity that our great Constitution upholds,” they added, calling for a clear and strong message from the judiciary that such heinous crimes will not be tolerated.
In a related development, Dr. Monica Singh from the Army College of Dental Sciences in Secunderabad, Telangana, also filed a letter petition in the Supreme Court. Through her advocate, Satyam Singh, she highlighted not only the rape and murder of the postgraduate doctor on August 9, 2024, at RG Kar Medical College but also the subsequent attacks on the institution on August 14. These incidents have led to severe disruptions in hospital operations and created a pervasive atmosphere of fear among medical staff.
Dr. Singh’s petition calls for immediate intervention, including the deployment of Central Forces to safeguard the medical college and its staff. She also requested a thorough and impartial investigation into the attacks and advocated for comprehensive security measures for medical institutions nationwide. The petition urged the Supreme Court to take suo motu cognizance of the case and issue an order for the deployment of Central Forces to protect RG Kar Medical College.
The gruesome murder of the postgraduate trainee doctor has sparked outrage across the nation, leading to strikes by civil societies and protests by doctors in various states. The medical community has united in demanding severe punishment for the perpetrators and calling for enhanced safety and security measures for medical professionals.
Suo Motu Cognizance by SC in the past
Previously, the Supreme Court of India has taken suo motu cognizance of cases of rape and assault against women in the past as well.
Some notable examples include:
Kathua Rape Case (2018): The Supreme Court took suo motu cognizance after widespread protests over the gang rape and murder of an 8-year-old girl in Kathua, Jammu and Kashmir.
Unnao Rape Case (2019): The Supreme Court intervened and took suo motu cognizance after the survivor of the Unnao rape case was involved in a suspicious car accident, leading to her severe injury and the death of her family members.
Muzaffarpur Shelter Home Case (2018): The Supreme Court took suo motu cognizance of the sexual abuse of girls at a shelter home in Muzaffarpur, Bihar, following a report that highlighted the atrocities committed there.
2012 Delhi Gang Rape Case: While the Supreme Court did not initially take suo motu cognizance of the case, it played a significant role in later proceedings and the subsequent legal reforms that followed the incident.
Suo Motu Cognizance in Bengal
As far as West Bengal is concerned the SC has taken cognizance of cases, particularly in response to incidents that have drawn significant public and media attention.
One notable instance occurred in 2021 when the Supreme Court took suo motu cognizance of post-poll violence in West Bengal, which included several allegations of sexual violence against women. The Court ordered investigations and expressed concern over the safety and security of women in the state.
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