The RG Kar horror shook the nation’s conscience by exposing the harsh realities of women’s safety even in professional settings. On August 8, 2024, a 31-year-old postgraduate doctor from Kolkata’s R.G. Kar Medical College and Hospital was the victim of a horrific crime. After an exhausting 36-hour shift, she took a break in the hospital’s seminar hall. Tragically, her body was discovered the next morning in a semi-nude state, with obvious signs of sexual assault and strangulation.
Initially, authorities reportedly attempted to blame her death on suicide, but the autopsy report revealed the truth. The incident sparked massive outrage throughout the country, resulting in widespread protests and demands for justice. The medical fraternity, led by junior doctors, joined hands to fight for improved safety measures for medical staff in hospitals. The case exposed several flaws in hospital security and highlighted the vulnerability of female healthcare professionals.
The public outrage compelled the Calcutta High Court to delegate the investigation to the Central Bureau of Investigation (CBI). The arrest of Sanjay Roy, a civic volunteer, as the primary accused provided a glimmer of justice, but allegations of evidence tampering and administrative negligence raised serious concerns about systemic flaws.
The Additional District and Sessions Court in Sealdah on January 20, 2025 sentenced the convict Sanjoy Roy to life imprisonment for the rape and murder of the junior doctor. Despite the prosecution’s request for the death penalty, the court concluded that the crime did not meet the criteria for capital punishment, deeming it not to be one of the “rarest of the rare” cases. Additionally, the court imposed a fine of Rs 50,000 on the defendant.
Judge Anirban Das also directed the state to compensate the victim’s family with Rs 17 lakh in light of the rape and murder. Both the CBI and the victim’s family, alongside the Mamata Banerjee government, had advocated for the death penalty. Roy was found guilty under Sections 64, 66, and 103(1) of the Bharatiya Nyaya Sanhita (BNS) for the sexual assault and murder of junior doctor.
This tragedy is more than just the story of one victim; it is an unsettling reminder of the critical need for stronger safeguards and institutional accountability. It marked a watershed moment in the conversation about workplace safety for women, emphasizing the need for prompt and effective legal action in cases of sexual violence.
The RG Kar Hospital case emphasizes the critical role that legal frameworks play in addressing sexual violence. Rape is a grave offense in India, and the legal system has evolved significantly to deal with its many facets. Following the repeal of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), criminal offenses such as rape are now governed by the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS). Here is an overview of the laws and provisions governing rape cases in India, including victim protections and penalties for offenders.
Provisions under the Bharatiya Nyaya Sanhita (BNS), 2023
Section 63: Definition of Rape
Rape is defined in Section 63 of the Bharatiya Nyaya Sanhita. It defines rape as penetration without consent, coerced sexual acts, or acts involving a woman in which consent is obtained through force, threats, or deception. Lack of consent is also recognized when the victim is under the age of 18, which is classified as statutory rape.
Section 64: Punishment for Rape
This section imposes severe penalties for rape. The punishment ranges from a minimum of ten years to life in prison, plus a fine. The section covers aggravated forms of rape, such as gang rape, custodial rape, and rape of a pregnant woman, which carry harsher penalties.
Section 66: Aggravated Rape and Special Provisions
This provision applies in cases where the victim dies or remains in a persistent vegetative state as a result of the assault. Offenders may face the death penalty or rigorous imprisonment for at least 20 years.
Section 68
This section focuses on crimes committed by people in positions of authority, such as police officers, public servants, or teachers. The law imposes harsher penalties on such individuals, emphasizing their breach of trust and abuse of power.
Section 70
This section specifically addresses gang rape, prescribing harsh penalties for all participants in the crime. It recognizes the crime’s collective nature and imposes harsh penalties, including a minimum sentence of 20 years’ rigorous imprisonment, which can be extended to life imprisonment or, in extreme cases, the death penalty. The provision seeks to address the heinous nature of gang rape and its devastating impact on the victim.
Procedural Safeguards for Victims under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Medical Exam and Reporting
Section 184 of the BNSS grants a victim the right to a free medical examination by a registered medical practitioner. This is critical for obtaining evidence in sexual assault cases.
In-camera trials and confidentiality
Section 366(2) of the BNSS mandates that rape trials be held in secret to protect the victim’s identity and privacy. Section 366(3) expressly prohibits the disclosure of the victim’s identity, with violations punishable by law.
Victim Compensation Schemes
The Victim Compensation Scheme, established by Section 396 of the BNSS, provides monetary compensation to rape survivors to help them recover. Each state has its own guidelines for enforcing this provision.
The Protection of Children from Sexual Offences (POCSO) Act, 2012
The POCSO Act applies when the victim is a minor. It imposes harsh penalties for sexual assault, harassment, and child pornography. The Act requires child-friendly procedures during investigation and trial, ensuring that the victim experiences as little trauma as possible.
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013
Although not directly related to rape, this law addresses sexual harassment in the workplace and ensures a safe environment for women. It requires the formation of Internal Complaints Committees (ICCs) in organizations to address complaints.
To address the backlog, the government has established fast-track courts for rape and sexual assault cases. This initiative aims to ensure that victims receive timely justice.
The RG Kar Hospital case serves as a stark reminder of the critical importance of workplace safety for women and stronger institutional accountability. It caused widespread outrage, exposing systemic flaws and demanding justice. While legal frameworks such as the Bharatiya Nyaya Sanhita and the Bharatiya Nagarik Suraksha Sanhita seek to strengthen protections, this tragedy demonstrates the importance of immediate action, effective implementation, and a collaborative effort to ensure that such horrors never happen again.
