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Synopsis

The Supreme Court of India, on Wednesday, asked hospitals to regularise the absence of doctors who participated in protests against the rape and murder of a doctor at RG Kar Hospital, Kolkata.

The bench, comprising CJI Sanjiv Khanna and Justice Sanjay Kumar, while hearing the suo motu case, ordered that doctors who returned to duty after 22 August 2024 would have their absence regularised and that the said period would be considered as time on duty, not as leave.

"In our opinion, the intent behind the order was that the aforementioned period should be regularised, and no penal or coercive steps should be taken. Therefore, we deem it appropriate to clarify that if protesting doctors have joined after 22.8.24 would be treated as a period spent on duty and not on leave. We clarify that this is issued in light of the peculiar facts and circumstances of this case and should not be treated as a precedent," the court directed.

During the hearing, the court was told that some institutions, such as AIIMS Kalyani, Gorakhpur, and PGI Chandigarh, have regularised the absence, while other institutes have treated the said period as leave. 

Previous order regarding protesting doctors

On 22 August 2024, the Supreme Court had assured doctors protesting over the Kolkata rape and murder incident, that no coercive steps shall be taken.

This order came after a counsel informed the CJI Chandrachud-led bench that protesting doctors were facing backlash.

"An apprehension has been expressed on behalf of the doctors that they are being proceeded against over protests. We are expecting compliance with the assurance given to the court that they would re-join duty. We order that no coercive steps shall be taken for those who have protested in the past...", the CJI bench had said.

Developments in the case

Notably, on January 20, the Sealdah Sessions Court in Kolkata sentenced the main accused, Sanjoy Roy, to life imprisonment for the rape and murder of a trainee doctor at R.G. Kar Medical College.

On 9 December 2024, while noting that the Central Bureau of Investigation (CBI) trial might conclude within a month, the Supreme Court directed the National Task Force (NTF) to submit its final report within 12 weeks.

On 30 September, the Supreme Court was made aware of another concern of the doctors working at the RG Kar Hospital and Medical College in Kolkata, saying "People who are being investigated by the CBI are still in employment at RG Kar".

The Supreme Court has been hearing a suo motu case registered on the incident from August 9, 2024 where a young doctor working at a medical college in Kolkata was brutally raped and murdered.

Central Bureau of Investigation (CBI) began investigating the alleged rape and murder of a 31-year-old junior doctor at R G Kar Medical College in Kolkata, following the Calcutta High Court's decision to transfer the case to CBI due to the lack of progress in the state police's investigation and suspicion of evidence tampering.

Previously, the Supreme Court of India had also set up a National Task Force to develop a national protocol aimed at ensuring the safety and protection of women doctors across the country.

Top Court took cognizance of the issues after letter petitions were filed addressing the Chief Justice of India asking him to take suo moto cognizance of this case and issue directions for an immediate and impartial investigation into the attacks on doctors protesting against the incident at the R.G. Kar Medical College.

The victim was found dead in a seminar hall at the hospital. The CBI has registered an FIR, building on the initial police report, which includes charges of rape and murder.

Case Title: In Re Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues