Kolkata Rape and Murder Case: The Fight for Dignity
Last Updated on August 16, 2024 by News Desk
The harrowing recent incident of the rape and murder of the doctor at RG Kar medical college in Kolkata has once again sparked outrage over the pendency of the bill.
The protection of women as well as doctors has once again become the burning issue.
The incident took place in the early morning of 10th August, where the trainee PG medical student was found dead.
Amidst the outrage, and the SIT West Bengal was carrying out the investigation.
The Calcutta HC ruled that the case must be transferred to the CBI if it is not solved by Sunday.
Finally, on 13th August, the Calcutta HC ordered the CBI to probe the case.
By August 16th, many have been questioned by the CBI.
The HC once again lashed out at the government over the vandalism on the night of 14th August
Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019
With the rising protests, the draft bill for protecting healthcare workers and hospitals has been pending in the parliament for the last five years.
An RTI, which Dr. V.K Babu filed, was responded to with the clarification that the government, both inside and outside the parliament, has clarified that the draft legislation will not be pursued.
The draft, Healthcare Services Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019, was also circulated among the people for consultation.
Under the bill, if any person causes injury to a healthcare service professional, they will be imprisoned for 2 years along with a fine of 10 lakhs.
The bill was brought to curb the violence against health professionals as well as the damage to the hospital property.
Legal Provisions Involved
Rape, the act of sexual penetration without the consent of the woman, is defined in Section 63 of the Bharatiya Nyaya Sanhita.
Section 64 of the BNS prescribes the Punishment for Rape, which is a minimum of ten years of imprisonment that can extend to life imprisonment along with the fine.
Consent can be understood as the willingness or the participation and its expression to perform in the sexual activity.
Similarly, Section 70 of the BNS defines Gang- Rape and prescribes the punishment for gang rape.
Additionally, the offense of Murder has been defined in section 101 of the BNS about the definition of culpable homicide, provided in section 100.
In case someone is a victim of rape, once a victim informs of rape, they must be taken for the medical immediately. The hospitals also must carry out the examination as immediately as possible and then approach the police as it has been held in the case of the State of Karnataka v. Manjanna.
The crime scene must be preserved along with the clothes of the victim.
Once the case is reported to the police station, the victim will be taken for a medical examination and asked to give a statement.
The statements must be taken from the victim by the woman police officer.
