Indian citizen groups and individuals from around the world write an open letter to the CJI on the RG Kar rape and murder case in Kolkata

Resident doctors and nurses of government hospitals stage a protest march from Central Park to Swasthya Bhawan demanding justice for the rape and murder case at RG Kar Hospital, Salt Lake City in Kolkata on September 15, 2024. | Image Credit: ANI

A thousand individuals and over 55 organizations such as South Asian Solidarity Collective, WAYVE Foundation, Lawyers Collective, CPI(M) and Adivasi Women's Network wrote an open letter to Chief Justice of India DY Chandrachud in the RG Kar rape and murder case on Sunday (September 15, 2024).

The petition contains nine demands including identification, arrest and exemplary punishment of the rapists and murderers. The Supreme Court must change the composition of the National Task Force (NTF) and include doctors, students, activists and lawyers from the regional fraternity for effective and sound fact-finding regarding the rape and murder of the trainee doctor and institutional lapses and corruption cases in the healthcare sector. The NTF must consult the protesting doctors, students and women, feminist organisations and platforms who have been working on this issue and are key stakeholders of this movement. Direction to set up a special fast track court along with necessary infrastructure to expedite the trials once the case is transferred to the district court in Bengal. Direction to punish errant police officials, local party workers and all those who physically attack peaceful protesters and disrupt civic meetings in different parts of Bengal.

The letter states: “As feminists, students, mass organizations and individual citizens from across the country, together with Reclaim the Night, Reclaim the Rights [RTNRTR] The movement in West Bengal is dismayed that despite the Supreme Court's unsolicited acknowledgement of the rape and murder of RG Kar, the case has stalled. The Supreme Court has failed to address the grievances, anger and rage of the protesting people. A month has passed, but the CBI has still not announced any findings regarding the gruesome rape and murder.”

The plaintiffs also raised concerns over the Supreme Court's remark in the last hearing, writing, “The Supreme Court has shifted its focus only on the protesting doctors as guilty. [endorsed by Mr. Kapil Sibal] of the collapse of the healthcare system in West Bengal. We want the Supreme Court to deliberate on the delayed investigations and alleged protection of the perpetrators, followed by attacks on civil protests.”

The petitioners further stressed that the brutal rape and murder of the junior doctor at RG Kar Hospital was not an isolated incident but was linked to various cases of sexual violence and gender discrimination in the workplace and in public that have been increasing rapidly across the country. The group also pointed out the failure of sexual harassment prevention. [PoSH] Workplace measures. Concerns have been raised about the national task force set up by the Supreme Court in RG Kar to review institutional safety standards of toilets, bathrooms, accommodation, transport, sanitation, etc. and to address the vulnerability of medical personnel in health facilities.

“The perpetrators in this case have actively tried to cover up the crime, destroyed evidence and spread fear among the students. While the CBI investigation has so far only led to the arrest of Sandip Ghosh and a few of his accomplices, it is the pressure of the ongoing civil protests that has led to the suspension of first Sandip Ghosh and now three doctors from SSKM and North Bengal University,” the petition says.

The petition opposes the West Bengal government's Aparajita Act for women and children, which seeks to impose stricter punishments in cases of sexual assault. “We oppose the Aparajita Act, which was drafted by the TMC without any consultation with the people. As feminists, we oppose the death penalty as it is a populist measure to quell public outrage and does not ensure a fair trial for women seeking justice.”

Despite the Supreme Court's order not to restrict peaceful protests on the first day, the petitioners asked, “What mechanisms can the Supreme Court take when protesters are being threatened and slapped with false charges by the police and local goons of political parties? It is ironic that women, queers and transgender persons who have been protesting independently across West Bengal since August 14, 2024 are also facing cases of sexual violence and harassment. There are daily reports from various districts of Bengal where local goons of TMC and BJP are attacking protesters and disrupting protest sites. Excessive police action, attacks on peaceful gatherings, illegal arrests and framing of false charges against protesters are recent experiences in Barasat, North 24 Parganas. We strongly believe that the right to dissent is an essential part of democracy,” the petition said.