Kolkata Rape and Murder: Supreme Court Criticizes West Bengal Government Over Night Shift Policy for Female Doctors

The Supreme Court on Tuesday criticized the West Bengal government for its notification instructing state-run hospitals not to assign female doctors to night shifts, stating that women require security, not special treatment.

The notification was issued following the August 9 rape and murder of a doctor at Kolkata’s RG Kar Medical College and Hospital.

While hearing the case suo moto, Chief Justice of India (CJI) DY Chandrachud questioned the state’s decision through counsel Kapil Sibal, asking, “Why restrict women doctors from working at night? They do not want a concession; they are willing to work the same shifts.” He emphasized that the solution lies in enhancing security measures, not limiting work opportunities. The court directed the Bengal government to amend the notification accordingly.

CJI Chandrachud further noted, “It is the government’s duty to provide security. You cannot stop women from working night shifts, as women in professions such as pilots and army personnel work during these hours.”

During the hearing, the Supreme Court also asked Wikipedia to remove the victim’s name from its platform.

What Happened at the State-Run Hospital in Kolkata?

The victim, a female doctor, was discovered raped and murdered after she had gone to sleep in the hospital’s seminar room during a demanding 36-hour shift on August 9.

The police arrested a civic volunteer, Sanjay Roy, in connection with the crime. The case has since been transferred to the CBI.

The incident sparked protests from thousands of junior doctors demanding justice for the brutal crime. On Monday, West Bengal Chief Minister Mamata Banerjee reached an agreement with the protesting doctors, agreeing to their primary demand—the removal of the police commissioner, a DCP, and two senior health officers. However, she refused to dismiss the health secretary.

Kapil Sibal informed the court that Banerjee assured no punitive action would be taken against doctors who return to work.

The Supreme Court on Tuesday halted bulldozer demolitions across India until October 1, unless they are on public roads, water bodies, or railway lines, and require the Court’s permission. The Court also stated that it would establish guidelines on how and when properties can be demolished under municipal laws.

Last week, a Supreme Court bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti criticized “bulldozer justice,” noting that such demolition threats are unthinkable in a country where the rule of law prevails.

The case arose when municipal authorities in Gujarat threatened to demolish the house of a family, one of whose members was named in an FIR. The petitioner, a co-owner of the property in Kathlal, Kheda district, brought the case to the Supreme Court. The petitioner’s lawyer argued that the family had lived in the houses for about two decades.

“In a country governed by the rule of law, the actions of one family member cannot justify action against other members or their legally constructed homes. Being accused of a crime is not a valid reason for demolishing property,” the bench remarked.

Guidelines to regulate demolitions: Supreme Court
On September 2, the Supreme Court indicated that it would issue guidelines to regulate demolitions across India. “We are looking at broad guidelines to prevent unregulated demolitions. There should be documentation, notice, time to file a reply, and an opportunity to pursue legal remedies before demolition… we aim to resolve this issue on a national scale,” stated the bench of Justices Bhushan R Gavai and KV Viswanathan.