Md. Shawkat Alam Faisal

Dr. Moumita Debnath, a postgraduate trainee doctor at the prominent RG Kar Medical College and Hospital, was tragically raped and murdered, sparking huge demonstrations and public indignation in Kolkata. The tragedy, which occurred in early August 2024, has spurred a strong campaign against what many consider to be systemic inadequacies in West Bengal's safety and justice system for women.

On August 9, 2024, Dr. Moumita Debnath was discovered dead in a seminar hall on the hospital grounds under strange circumstances. Initially reported as a suicide, later investigations and a post-mortem examination revealed that she had been sexually abused before to her death, causing widespread incredulity and resentment toward the hospital administration and local officials. The situation was exacerbated by suspicions of a cover-up by hospital personnel, who allegedly attempted to falsify the evidence to present the death as a suicide.

Protests occurred immediately following Moumita's death, with doctors, students, and citizens of all backgrounds taking part. These protests, often staged at night under the title "Reclaim the Night," saw thousands of people, mostly women, take to the streets with candles and placards, seeking justice. Demonstrations extended from Kolkata to other districts of West Bengal, as well as places such as Delhi and Mumbai. One of the greatest rallies occurred at College Square and Biswa Bangla Gate, where over 8,000 people clasped hands in a symbolic display of solidarity against gender-based violence. The protests were dominated by men, indicating the widespread recognition of the need to address and combat systematic violence and inequality.

On August 14th and 15th, the protests became more violent, resulting in fights with police. The police were accused of employing excessive force, such as tear gas and baton charges, to remove the demonstrators, escalating public outrage. This movement has evolved into a more widespread call for the protection of women's rights and the accountability of those in power.

The incident has also caused a political tempest, with opposition parties, particularly the Bharatiya Janata Party (BJP), demanding the resignation of West Bengal Chief Minister Mamata Banerjee. They accuse the Trinamool Congress (TMC) government of neglecting to protect women in the state and attempting to hide the crime. Swati Maliwal, an AAP MP, has also sent an open letter to the Chief Minister, criticizing the state's handling of the case and focusing on the larger issue of women's safety in West Bengal. In response to mounting public indignation and requests for a fair inquiry, the Calcutta High Court intervened, transferring the matter to the Central Bureau of inquiry (CBI).

Junior physicians in West Bengal have joined the protest, declaring a cease-work at hospitals, significantly disrupting healthcare services. Their walkout was a direct response to what they saw as attempts to conceal the crime, as well as a demand for speedy and transparent justice. The terrible death of Dr. Moumita has not only brought to light the prevalent issue of violence against women in India, but it has also shown deep-seated problems within West Bengal's healthcare system and law enforcement.

The resignation of the principal of RG Kar Medical College in the midst of the issue, as well as the medical fraternity's continued demonstrations, highlight the widespread anger and call for systemic change. The movement has expanded beyond the demand for justice in Moumita's case to include a broader need for institutional reforms to safeguard women's safety. Public figures, including celebrities and activists, have expressed their support, and the protests show no signs of slowing down.

The tragic story of Moumita is, regrettably, not an unusual one in India, which has seen several high-profile examples of sexual abuse and murder that have caused national outrage and prompted calls for more legal protection for women. One of the most notorious examples is the 2012 Nirbhaya incident in Delhi, in which a young woman was viciously gang-raped and murdered on a moving bus. Another notable case is the 2018 Kathua rape and murder of an eight-year-old girl in Jammu and Kashmir. The infant was kidnapped, drugged, and gang-raped for several days before being killed.

This case exposed the region's communal tensions and sparked significant protests, both in support of the victim and against the politicization of crime. In 2019, a veterinarian was raped and murdered in Hyderabad, shaking the country once more. The four accused were caught but slain by police during an encounter, sparking disputes over extrajudicial executions and the state's role in delivering justice.

In India, crimes like Moumita's rape and murder are punishable under a variety of strict laws. Rape is prosecuted under Section 376 of the Indian Penal Code (IPC), which provides for a minimum term of seven years and a maximum sentence of life imprisonment, as well as a fine. According to Section 376A, if the victim dies or is left in a chronic vegetative condition as a result of the rape, the perpetrator faces rigorous imprisonment for 20 years or life, or even the death penalty.

The Criminal Law (Amendment) Act of 2013, which was passed following the 2012 Nirbhaya case, had key critical elements that would apply to a case like Moumita's. Section 376A was established to handle cases in which the rape results in the victim's death or a vegetative state. It calls for rigorous 20-year or life imprisonment, as well as the death penalty if the crime is extremely brutal.

Section 376D handles group rape and imposes a minimum sentence of 20 years severe imprisonment, which may be extended to life imprisonment, as well as a fine. Section 376(2) addresses rape perpetrated by a person in a position of authority, such as a police officer or a public official. If such an offense is committed, the penalty is harsh imprisonment for at least 10 years, which can be extended to life imprisonment, as well as a fine.

The incident has caused a rethinking of social views regarding women's safety in India, as well as highlighted shortcomings in how authorities handle similar incidents. The country's struggle against gender-based violence is at a critical juncture, as evidenced by the numerous protests.

The movement in Kolkata has not only highlighted the sorrow of Moumita's death, but it has also prompted a broader discussion about the need for institutional change to safeguard women and punish offenders responsible. This ongoing campaign serves as a powerful reminder of the public's demand for justice, as well as the critical need to address India's longstanding concerns of violence against women.

The writer is an, Apprentice Lawyer at the Bangladesh Bar Council.