PUCL Seeks Action: Evidence Screams Gangrape and Murder of Kolkata Medical Student

The People’s Union for Civil Liberties (PUCL) has filed a petition in the Calcutta High Court demanding a court-monitored investigation into the brutal rape and murder of a 31-year-old medical student at RG Kar Medical College and Hospital, Kolkata. Allegations of institutional failure and mishandli

Legal Wires

Aug 17, 2024 • 4 min read

The People’s Union for Civil Liberties (PUCL) has filed a petition in the Calcutta High Court regarding the brutal rape and murder of a 2nd-year PG medical student on the RG Kar Medical College and Hospital campus in Kolkata. The petition, moved by Advocate Jhuma Sen, calls for a court-monitored investigation and seeks a compliance report on the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH) by the West Bengal government, in accordance with the Supreme Court’s directions in Aureliano Fernandes v. State of Goa & Ors. Additionally, the petition emphasizes the need to address institutional accountability by thoroughly investigating the role of the Principal and other authorities at RG Kar Medical College.

High Court Transfers Investigation to CBI Amid Severe Allegations:

The Calcutta High Court transferred the investigation into the rape and murder to the Central Bureau of Investigation (CBI) due to concerns over the state police’s handling of the case. The court criticized the hospital administration and questioned the delay in filing a police complaint after the doctor’s body was found.
The division bench consisting of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya heard multiple petitions, including one filed by the victim’s parents seeking the transfer of the investigation to an independent agency. Expressing concern over the investigation’s progress, the court noted the peculiar nature of the case and the potential for evidence destruction due to delays.

Parents Petition And Autopsy Report:

The victim’s parents filed a petition revealing shocking details from the post-mortem report, which confirmed that the cause of death was strangulation and indicated clear signs of sexual assault. They also pointed out that 150 grams of semen was found in their daughter’s body, indicating gang rape. The parents stated, “The post-mortem report provided devastating details that confirmed our worst fears.”
The autopsy showed severe injuries, including bite marks on the neck and trauma to several parts of the head. “Both ears exhibited signs of injury, suggesting a violent struggle. Her lips were injured, indicating that she may have been silenced or gagged during the attack,“ the petition added.
The victim’s parents alleged that the autopsy was conducted hastily to shield others involved in their daughter’s death. They also expressed concerns that three individuals were involved in the strangulation, further supporting the possibility of multiple perpetrators.

High Court Flags Suspicious Conduct of Principal:

Dr. Sandip Ghosh, the principal of RG Kar Medical College, resigned citing “moral responsibility” but was reappointed as principal of Calcutta National Medical College within hours. The court expressed strong disapproval, stating: “If the principal has stepped down owing moral responsibility, it is rather serious that he is rewarded within 12 hours with another appointment. There is an apprehension that with lost time, something will go wrong. No man is above the law.”
The court labeled these occurrences as “suspicious” and ordered the principal to go on indefinite leave until further orders.
RG Kar Medical College became the site of national outrage after the gruesome rape and murder of the 2nd-year PG student last week, leading to widespread protests across the country.
The High Court had transferred the investigation to the Central Bureau of Investigation (CBI) due to the state police’s lack of proactivity and the administration’s indifference toward the victim and her family.

CBI Takes Over Investigation Amid Allegations of Police Misconduct:

A division bench consisting of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya heard multiple petitions, including one filed by the victim’s parents seeking the transfer of the investigation to an independent agency. Expressing concern over the investigation’s progress, the court noted the peculiar nature of the case and the potential for evidence destruction due to delays.
Kolkata Police initially arrested a civic volunteer associated with the local police force, but this arrest has been criticized as a cover-up. The counsel argued that the state police’s investigation was faulty, with the arrested individual being made a scapegoat.

Parents Denied Access to Body, Misled by Authorities:

Senior Advocate Bikash Ranjan Bhattacharya, representing the victim’s parents, informed the court that they had initially received a phone call stating that their daughter had fallen sick. Upon arriving at the college, they were told she had committed suicide. Despite their presence at the college, they were made to wait for three hours before being allowed to see her body. When they finally did, they were convinced that the gruesome injuries made it unlikely to be a suicide.
The senior counsel urged the court to transfer the case to the CBI, emphasizing that any delay could lead to the destruction of crucial evidence.

Allegations of State Cover-Up and Failure to Act:

The state government maintained that a thorough investigation was underway and claimed there was no need for further inquiry. However, they admitted that the initial registration of the case as an unnatural death was due to the lack of a formal complaint, which should have been filed by the principal or other officials. The court responded angrily, criticizing the state’s failure to act: “You didn’t find the body on the road? The principal could have been the complainant. You are protecting him. This is unacceptable.”
The court listed the matter for further hearing to consider the petitioners’ prayer for transferring the probe to the CBI.

Public Outrage Over Sexual Violence in India:

Doctors from government hospitals across several states halted elective services indefinitely as a form of protest against the incident. The murder of the trainee doctor, who was found in the hospital’s seminar hall after her night shift, has raised concerns over the vulnerability of medics due to a lack of proper protection and facilities.
The case has reignited nationwide discussions on the issue of sexual violence against women. In 2022, India recorded over 31,000 reported rapes, according to the National Crime Records Bureau (NCRB).
Despite the 2012 gang rape and murder in Delhi, which led to sweeping changes in the criminal justice system, including tougher sentences and the death penalty for repeat offenders, campaigners argue that little has changed.
Criminal lawyer Rebecca M John commented, “One of the factors would be the absence of fear of the law.”

sources: