When is enough going to be enough? Nirbhaya wasn’t enough? Sandeshkhali wasn’t enough? Is RG Kar Medical College and Hospital going to be enough? Why must Indian women be bravehearts and suffer the terrors of our society that shields the perpetrators of brutality and injustice? A young doctor doing her job should not be expected to be a braveheart, her job at this age was to grow professionally, develop her skills and thrive in the company of family and friends. She was a woman at work and she was raped and murdered.
I remember when I started my practice in the Courts of Delhi in the 1980s we were the few female lawyers struggling in the heat of Delhi summers, working to defend our clients. It was rarer still to see a female lawyer on the criminal side. We were standing on the tall shoulders of a few women lawyers before us and in our own way were looking to break the glass ceiling. We would walk the Courts each day surrounded by cops, criminals, families and advocates, believing what we did was important for women in workplaces. The case of the rape and murder at RG Kar Medical College in Kolkata is a poignant reminder of the trials and tribulations faced by women and the road yet to be traversed.
The rape and murder at RG Kar Medical College is a damning indictment of the powers that create an environment of impunity which gives legitimacy to the vile thoughts of men by whom these crimes are perpetuated, and to the State which has acted perversely and contrary to their sworn oath to protect its citizens. The incidents of vandalism at the crime scene and the glaring deficiencies and discrepancies that show the malfeasance of the police paint a sorry picture. The honourable Supreme Court has unequivocally denounced the process of the investigation that has followed, sans any sort of propriety.
On August 20, 2024, the Supreme Court in its suo moto motion, stated the severe negligence shown by the Government of West Bengal, the Hospital, and the local police.
First and foremost, the Apex Court condemned the Kolkata police’s delay in registering the First Information Report (“FIR”). Secondly, the SC expressed disappointment in the delay of several hours in permitting the parents of the victim to see the body of their daughter. The SC reprimands the wide circulation of the victim’s name and graphic images, which violated her fundamental right to privacy and dignity enshrined under Article 21 of the Constitution of India. The Supreme Court has previously had the opportunity to address this issue in the case of Nipun Saxena v Union of India and has laid down guidelines for the protection of the privacy of victims of sexual assault and rape in lieu of the stigma and treatment suffered by victims of rape and sexual assault in our society.
Thirdly, the Court was dismayed by the inability of state authorities to prevent the vandalism at the Hospital, viewing it as a systemic failure of law and order. Fourthly, the Post-mortem had been conducted before the registration of an Unnatural Death case. Fifthly, the body of the deceased had been cremated before the filing of the FIR. Finally, the lack of adequate safety norms within medical institutions was highlighted as a grave concern.
In response, the SC has directed the formation of a National Task Force (“NTF”) to develop comprehensive safety protocols for medical practitioners across the nation. The Court’s order outlines several pressing safety issues affecting the medical profession. The SC has instructed the Central Bureau of Investigation and the State of West Bengal to submit progress reports by August 22, 2024. The Court will reconvene to address these matters on August 22, 2024.
Violence Against Women in Medical Field
In recent years, we have witnessed a deeply troubling surge in violence against medical staff. It is impossible to ignore the glaring reasons behind this. Doctors have pointed to the lack of proper infrastructure, insufficient personnel and the quality of primary care as key contributors. But what’s even more infuriating is the way women in this profession are targeted.
Female healthcare workers are at a higher risk, all made worse by the pervasive, archaic patriarchal attitudes that still poison our society. These women endure both sexual and non-sexual violence, not just from the patient’s relatives but also from their own colleagues and superiors. The fact that such horrors can occur within supposedly safe institutional settings, as in the tragic case of Aruna Shanbaug, only adds to the outrage. How much longer must we let these systemic failures go unchallenged?
In India, the legal framework addressing these issues consists of general provisions from the Bharatiya Nyaya Sanhita, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Clinical Establishments Act, 2010 and state-specific laws focused on protecting healthcare service professionals. However, enforcement remains problematic, with low prosecution rates.
The absence of centralised safety regulations and institutional norms to protect healthcare workers points to a critical gap. This calls attention to the urgent need for targeted reforms to ensure a safer working environment for medical staff.
The Way Forward
The Nirbhaya case was meant to be a turning point, sparking much-needed legal reforms, but it has become evident that stringent laws alone are insufficient to deter violence. What we need is a real, targeted effort that combines strong legislation, strict enforcement, and a complete shift in how we, as a society, perceive and respond to these crimes. In the backdrop of the Nirbhaya rape case, the Government enacted the Criminal Law Amendment Act, 2013 based on the recommendations of a Committee headed by former Chief Justice JS Verma; which included inter alia harsher sentencing for sexual offences and the death penalty for repeat offenders, this included the addition of new offences such as stalking, voyeurism and acid attacks as well as the establishment of fast track courts and one-stop centres for victims of rape violence.
The lack of workplace safety for women is more than just a concern; it is an outright violation of their rights. As the Chief Justice of India pointed out in the order, denying women a safe environment denies half of our population their basic right to equality.
But the bigger question remains how many more such cases do this country need for us as a society to awaken? The perverted and morally depraved tendencies of our society that does not construe rape culture and misogyny as a vice is demonstrated by the increase in persons browsing the net for rape videos and photos of the victim. A Google Trends analysis by The Quint has revealed a staggering 160-190 per cent increase in searches for the Kolkata sexual assault victim’s name, followed by terms like “rap(e) video” and “rap(e) photo” as of 2 PM on August 20, 2024. Disturbingly, the victim’s name was also searched over 3,000 times on porn websites. This isn’t just the system; this is on us. We owe it to every victim to ensure that the anger and disgust we feel now does not fade away. A true tribute to Nirbhaya would be more than just implementing legal reforms; it would mean a relentless commitment to improving every aspect of how we handle sexual violence. We can only hope that the Supreme Court takes swift, decisive action, holds those responsible accountable, and pushes Parliament to pass the tougher laws we so desperately need to protect the dignity of women and healthcare professionals.
Sexual Assault Evidence Collection (SAEC) Kit: Designed to collect forensic evidence from the person of a victim following a pre-decided and checklist system. The kit includes swabs, bags, forms and other paraphernalia necessary to collect hair, body fluids and other such evidence that can be used for forensic examination at a later stage. The Ministry of Home Affairs (Women Safety Division) in its letter[s] dated 17.01.2019 and 05.10.2020 directed the States to use SAEC for collecting, handling and storing evidence. It is recommended that protocols are drafted for distribution and access to these kits are available at the ground level.
Rape Crisis Centres (RCC): The Ministry of Home Affairs, vide Officer Memorandum dated 04.09.2009, issued an advisory that the State should set up RCC and Sexual Assault Treatment Unit (SATU) at appropriate places. Rape Crisis Centres are designated one-stop centres for medical, legal, and financial advice for victims of rape and should be established in every city. These Centres shall act as the institutional safe house for victims to approach a holistic approach and to assist the victims to avail of state programs and other such welfare schemes available to the victim.
I pray that this is a watershed moment, a moment in time for our society to take a deep and hard look within ourselves, where the powers that be are questioned on their conduct. Where a young and bustling India takes a stand on how this nation must be governed. India is not for a single gender nor a single party. India is mine and yours and the right to walk its streets, to work in its service is mine and yours.
