New Delhi:

The Supreme Court today refused to transfer the RG Kar rape-murder case trial outside West Bengal and rebuked a lawyer who claimed that the people of the state were losing faith in the police and the judiciary. Responding to a lawyer’s request to transfer the case, Chief Justice of India DY Chandrachud said, “Yes we have done it in cases like Manipur. But we are not doing anything like that here. No such transfer.”

At the outset, the bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, went through the status report filed by the CBI, which is investigating the heinous rape and murder of a 31-year-old doctor in Kolkata’s RG Kar Medical College and Hospital in August.

“We have seen the sixth status report filed by CBI, which indicates that the Additional Sessions judge has framed charges punishable under Sections 64 and 103 of BNS (Bharatiya Nyaya Sanhita). The next hearing is on November 11. Since the investigation is underway, we refrain from making observations. Let an updated status report be filed after four weeks,” said the Chief Justice, who retires this Sunday.

The bench also reviewed a report by the National Task Force formed to recommend steps to ensure safe working conditions for healthcare staff in hospitals. The Chief Justice said the report must be circulated among Chief Secretaries of all states/Union Territories so that they can make suggestions. He said this exercise must be completed in three weeks.

Senior Advocate Indira Jaising, appearing for doctors in Bengal, raised some objections. The Chief Justice asked her to submit the suggestions.

At one point, a counsel said that the people of West Bengal “have lost faith in the judiciary”. The Chief Justice responded sternly and asked the lawyer, “Who are you appearing for? Do not make such general statements. There is no such thing at all.” He added that this was “canteen gossip happening in court”.

The RG Kar rape-murder incident sparked massive protests across the country as doctors took to the streets to demand safety at the workplace. The Mamata Banerjee government drew fire as protesters alleged a cover-up attempt. The Calcutta High Court was not satisfied with the Kolkata Police probe and transferred the case to the CBI. The Supreme Court took suo motu cognizance of the matter and pulled up the hospital administration for its response after the doctor was found dead. The top court has been monitoring the CBI’s probe since. Once Chief Justice DY Chandrachud retires, the next Chief Justice Sanjiv Khanna will take his place on the bench hearing the case.

The West Bengal government has proposed several measures for the safety of working women during the night shift amid a nationwide outrage over the rape and murder of a trainee doctor during her 36-hour shift at a Kolkata hospital.

A special mobile app, safe zones and ‘Raattirer Shathi’ or women volunteers are among the five measures of the government led by Mamata Banerjee to provide safe working conditions for women in government hospitals, medical colleges, hostels and other workplaces where women are required to work during the night.

Here are the five measures:

1. There should be separate designated rest rooms with toilets for women.
2. ‘Raattirer Shathi’ or women volunteers shall be on duty at night.
3. Safe zones will be identified and created for women with full coverage by CCTV and its monitoring.
4. A special mobile phone app with alarm devices will be developed which shall be compulsorily downloaded by all working women and which will be connected to the local police stations/police control rooms.
5. Helpline No. 100/112 should be extensively utilised during any panic/emergency situation.

The Bengal government said that it has embarked on “introspection, accountability and action” after the woman doctor’s brutal murder at government-run RG Kar Medical College and Hospital.

The Indian Medical Association (IMA), which is observing a 24-hour nationwide withdrawal of non-emergency services from 6 am on Saturday, has put forward five demands.

A central law to check violence against healthcare personnel and declare hospitals as safe zones with mandatory security entitlements are among the demands made by the top doctors’ body.

“The 36-hour shift that the victim was in and the lack of safe spaces to rest and adequate restrooms warrant a thorough overhaul of the working and living conditions of resident doctors,” it added.

On August 9. the 31-year-old postgraduate trainee doctor was raped and killed at the seminar hall of the hospital. A civic volunteer was arrested in connection with the crime the next day.

It said a central act incorporating the 2020 amendments in the Epidemic Diseases Act of 1897 into the draft Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019 would strengthen the existing 25 state legislations.

IMA said the brutal incident brought to the fore the “two dimensions of violence in the hospital: A crime of barbaric scale due to the lack of safe spaces for women and the hooliganism that is unleashed due to lack of an organised security protocol”.

“The crime and the vandalism have shocked the conscience of the nation,” it said.

A week after the rape-murder, the hospital was vandalised on August 14 by a large crowd, which destroyed various sections of the facility.

The principal of the RG Kar Medical College and Hospital resigned from the post two days after the doctor’s body was found. He is also being questioned by the CBI, which took over the case from Kolkata Police after an order by the Calcutta High Court.