There is anger among people across the country after the Kolkata rape and murder case. CBI has started investigating the case and on Monday, Sandapi Ghosh, former principal of RG Kar Medical College, was interrogated for about 13 hours. Doctors are still on strike. Protesting doctors in Kolkata have called for a march to Swasthya Bhavan today. Today the matter is also to be heard in the Supreme Court. A bench headed by Chief Justice DY Chandrachud had taken suo motu cognizance of the incident and has placed the case at the top of the cause list for hearing at 10:30 am on Tuesday.
The apex court can order a judicial inquiry keeping in mind the ongoing protests across the country, especially the doctors’ strike and their concerns. At the same time, experts say that after a concrete solution is found from the Supreme Court, doctors can also withdraw their strike.
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Application filed in court amid suo motu cognizance
In fact, a new intervention application has been filed amid the court’s suo motu cognizance of the matter. A lawyer has approached the Supreme Court for permission to intervene. It has been said in the petition that there is a law, but it is not being implemented at the ground level. Vishakha guidelines are not followed at workplaces. There should be a judicial inquiry in every case of rape and murder, so that bias and pressure can be avoided and the real culprits can be saved. The petition demands formation of a committee of three retired judges who can monitor the CBI investigation in the case.
Doctors’ organizations Federation of Association of Medical Consultants of India (FAMCI) and Federation of Resident Doctors Association (FORDA) and lawyer Vishal Tiwari have also moved the apex court by filing interim applications in the suo motu case.
According to the cause list of August 20 uploaded on the Supreme Court website, the bench will include Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra.
Law should be ready for doctors: FAMCI
In its petition, FAMCI has expressed concern over the safety of medical workers in hospitals across the country in the absence of any central law and said that despite demanding basic safety measures, medical workers continue to work in a hazardous environment. The doctors’ organization said the Center should be asked to prepare uniform guidelines to ensure the safety of health workers and plug the loopholes in state-level laws.
It says, “Resident doctors in medical colleges (public and private) and doctors in government hospitals should be formally declared ‘public servants’. Police posts should be compulsorily established on the premises of municipal hospitals.”
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FORDA has also filed a petition
Similarly, FORDA, in its intervention application filed through advocates Satyam Singh and Sanjeev Gupta, said that physicians have dedicated 10 to 11 years of rigorous education and training, including medical school and residency, to save lives and serve the society. FORDA said, “Healthcare workers play an indispensable role in society, often working in challenging conditions to provide care and save lives. Ensuring their safety is paramount. We urge the judiciary to “Mandatory comprehensive security protocols in medical colleges and other similar institutions to protect them from any kind of threat or violence.”
It said the attack on doctors violated several fundamental rights guaranteed by the Constitution, such as the right to life and personal liberty under Article 21, the right to practice any profession or practice any profession under Article 19(1)(g). Right to practice profession, trade or business and right to equality before law under Article 14.
Advocate Vishal Tiwari, in his petition, highlighted the recent rape and murder cases in various states and said, “We have said in our application that such cases should be investigated through judicial inquiry.”
Let us tell you that the doctors’ strike is going on for a week regarding this matter. Due to this, patients are facing problems. The protesting doctors want the CBI to arrest the culprits and the court to give them maximum punishment. They also want assurance from the government that no such incident should happen in future.