Constitutional Whispers

There are several troubling aspects to the Apex Court's interventions in the R G Kar case, argues Debarshi Chakraborty.

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November, the month of Constitutional Law Day, invites not just celebration but reflection – on the brilliance of the Constitution and the paradoxes it reveals in action. This remarkable document, balances rights and duties to build a just society. From the debate over same sex marriage to the delicate dance between free speech and communal harmony, the Supreme Court has arguably mediated ideals with reality, embodying the notion of a living document, as Justice Krishna Iyer had noted. Yet, its handling of the tragic case of the young resident at RG Kar Medical College is a reminder that even noble legal interventions can stumble – at times inspiring but ultimately ineffective.

Since the incident, a cascade of troubling developments has fuelled public suspicion about the state’s conduct. Delays in police action, the rushed cremation of the victim’s remains, and the rapid passage of the Aparajita Bill have sparked outrage, exposing more than just administrative failures - they point to a potential breach of the state’s constitutional duty under Article 21 of the Constitution, which guarantees the right to life and personal liberty. While much has been written on these concerns, which go beyond the scope of this piece, the Calcutta High Court’s response merits attention. Acting swiftly on a Writ Petition by the victim’s parents, the High Court transferred the investigation to the Central Bureau of Investigation (CBI) on August 13, mandated regular progress reports, and began hearing the matter daily. The petition also sought systemic reforms, such as the installation of CCTV surveillance in hospitals and adequate rest facilities for staff.