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Authored by - Shriyans Bansal, Institute of Law, Nirma University
How can justice be truly served when the legal system is riddled with flaws? Rape is a crime so heinous that it leaves the victim with deep scars, both visible and invisible. In India, where we worship a myriad of goddesses, we come to know about such brutality. It is truly a devastating scenario. On August 9, 2024, India witnessed one of the most horrific incidents that sent a chill down the spine of every citizen.
A 31-year-old doctor at Kolkata’s R.G. Kar Medical College and Hospital was raped and murdered. The story goes like this: this girl was a post-graduate student at this college and was on her rounds. Shifts lasting more than 30 hours are a common scene for these doctors. It was around 2 a.m. at night when she took a break from her rounds to have dinner with her colleagues. They were in the third-floor seminar hall at the pulmonology department of the college. Who knew it would be her last meal? She slept in that seminar hall to rest, and the very next morning her body was found in a semi-nude condition with injury marks on it. Now comes the part where the whole problem started. The girl’s parents received a call that their daughter was sick and needed immediate attention, and twenty-two minutes later, they again received the call that it was a suicide. At a college like R.G. Kar, which is one of the oldest medical institutions in India, an incident of such a grave nature takes place, and the administration tries its level best to hide it. Quite a shame!
The parents had to wait for more than three hours just to see the body. It was her father who saw and said that their daughter had been raped and murdered, and they cannot bring her back, only the justice they want. Police Commissioner Vineet Goyal and State Health Secretary VS Nigam reached the scene to investigate. The case was registered at Tala Police Station, and police officers and forensic experts arrived to investigate, and a case of “unnatural death” was registered. It is quite a name to give to such an offense. It was after the family complaint that a case of rape and murder was registered. The injuries to the girl are so severe that even mentioning them can fill anyone with disgust. As the examinations proceeded, it was found that this couldn’t be the job of one man. People were interrogated after checking through security cameras, with a particular focus on one man: Mr. Sanjoy Roy. He became the prime suspect as the police provided concrete evidence regarding him.
Sanjoy Roy has a past criminal record of assault. Due to his connections with the principal, he was a regular at R.G. Kar College with no restrictions. "Roy is suspected of exploiting his position to facilitate patient admissions in exchange for financial benefits." Joining the Kolkata Police as a civic volunteer also gave him connections there. Though he did not have any authority, he used to pose as part of the enforcement institution.
People elect a government in the hope that they will be protected by the state, but after this incident, it is very hard to trust. One such example is the principal of the college, Mr. Sandip Ghosh, who tried to pin the blame on the girl, saying that it was her fault to be present in the seminar hall. When he was to be removed from the position, he got transferred to Calcutta National Medical College as the West Bengal government refused his resignation due to his close connections with the party.
The state tried to destroy evidence as immediate construction began near the crime scene, which the Honorable High Court at Calcutta spoke harshly upon. On August 14, after a peaceful protest themed ‘Reclaim the Night’, more than 7,000 vandals came and tried to destroy the hospital property without the police knowing about it. It seems odd, right? Seeing this, several protests broke out in the country, demanding speedy justice, punishing the perpetrator, correct medical examination, and accountability. The people lost their trust in the police, and a demand for the CBI to investigate the case was raised. It was very sorrowful to know that a rape of this gruesome nature has taken place in the state capital, and people have lost their trust in the state administration. The perpetrators are set free and getting protection, and people reporting the truth are getting notices to put down their posts. West Bengal CM Mamata Banerjee takes part in the protests on August 19 demanding capital punishment for rapists, but isn’t it ironic that her administration fails to cater to this?
The case of Mukesh & Anr v. State for NCT of Delhi & Ors, also known as the ‘Nirbhaya Kaand', carved out the Criminal Law (Amendment) Act, 2013, which aimed at clearing the ambiguity and providing speedy justice to rape victims. However, even today, the conviction rate of rapists ranges only from 20–25%. Why do rapes happen? The psychology of rapists is influenced by various factors, often linked to a need for power, control, or sexual satisfaction. Many rapists commit these acts to feel dominant, using violence to hurt and humiliate their victims. Some are driven by the belief that they are entitled to sex, while others express their anger and aggression through rape. Mental health issues can play a role, but not all rapists have a mental illness. Social and cultural factors, like sexist attitudes and harmful myths about rape, can make some people feel justified in their actions. Additionally, rapists often dehumanize their victims, seeing them as objects rather than people, which helps them avoid feelings of guilt. Understanding these motivations is important to create better ways to prevent rape, support those affected, and address the societal problems that allow sexual violence to continue.
The Supreme Court of India took suo motu cognizance of the R.G. Kar College rape case titled “In Re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata, and Related Issues” on August 18th. The bench comprises CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, who will hear the matter. As per the hearing and the order dated August 20, the SC constitutes a task force, deliberates over the safety of medical professionals, CISF protection of the hospital, concerns over the identity of the victim, discusses equality and sexual harassment at the workplace, peaceful protestors shouldn’t be met with coercive action, and a status report is demanded from the State of West Bengal. Supreme Court's order is attached below for your reference.
The issue of rape has to be tackled by adopting an approach that combats immediate and root causes. Stringent laws and swift, fair justice can help deter offenders to some extent. But it is not the laws alone that have to be changed. What is urgently needed is a cultural change to challenge and shift, at all levels of society, deep-seated misogyny, harmful gender norms, and patriarchal beliefs. This will be achieved through education, right from the formative years, with respect, consent, and equality inducted through schools, communities, and media. Building stronger systems of support for survivors through medical, psychological, and legal help is equally vital in the rebuilding process of their lives. Additionally, awareness among the people and open talks about sexual violence will break the icy silence and stigma around it. This can be achieved through a combination of legal reforms, education, support for survivors, and cultural change, thereby reducing the incidence of rape and creating an atmosphere safe and full of respect toward all members of society.
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