Mumbai: The three doctors, Hema Ahuja, Bhakti Mehare and Ankita Khandelwal, who allegedly tormented and discriminated against doctor Payal Tadvi, pushing her to end her life, will now return to the same BYL Nair Hospital in South Mumbai to complete their pending education. On Thursday, October 8, the Supreme Court allowed his request to continue studies that were stopped after Payal ended his life on May 22.
This order was passed despite strong opposition from the Maharashtra state government, the Mumbai police, and also Payal’s mother, Abeda Tadvi. All three had argued that allowing the defendant to return to the same university would jeopardize the trial and that transfer to another university was not possible under the rules.
The Supreme Court court composed of Judges UU Lalit, Vineet Saran and Ajay Rastogi, on October 8, while allowing the request for authorization from the accused to continue with their studies, observed that they can return to the same school at as of October 12 but under “court imposed restrictions.”
In issuing an order in favor of the accused doctors, the supreme court observed that, “If the law presumes that an accused is innocent until proven guilty, the appellants (accused) as presumed innocent, are entitled to all rights, including the right to liberty guaranteed by article 21 of the Constitution, and they have the right to continue their course of studies as long as the exercise of said right does not hinder the fluidity and progress of the judicial process. ”Since the three accused are from outside Mumbai, the court further observed that “the appellants do not appear to be original residents of Mumbai and, as such, they or their families cannot be said to have an entrenched presence in Mumbai. “
In August last year, the Bombay High Court granted the three defendants bail under various conditions, including suspension of their licenses issued by the Maharashtra Medical Council (MMC) until the conclusion of the trial. Shortly after, the trio had filed an appeal with the court, seeking relaxation of the conditions, including the revocation of their suspension. When the court refused to grant them reparation, they appealed to the Supreme Court and requested the court to intervene to allow them to resume their studies.
Even while the Supreme Court was still hearing his appeal, the MMC had quietly proceeded to overturn the suspension of the medical licenses of two (Mehare and Khandelwal) of the three accused doctors. Ahuja is not registered with the MMC but with the medical council of another state. She is in the process of registering with the MMC by order of the superior court.
Abeda Tadvi shared that the MMC order was approved a few days before closing. “I, as a whistleblower, should have been informed about such an important decision, but the MMC kept me in the dark. I only found out when it was mentioned months later in the Supreme Court, ”he said. The wire.
While MMC’s order was a major blow, Tadvi’s family, the state government and the Mumbai police continued to oppose the defendant’s request in the Supreme Court.
The state government had objected to this request and had submitted two separate affidavits, by the Mumbai police and the state Department of Medical and Drug Education, on September 8, claiming that their demands “do not deserve to be considered “and that there is a” grave sense of hostility “against defendants at the university they had once studied.
They relied on the report of the anti-rag committee that had found the three defendants guilty of tormenting Payal and his close friend, Dr. Snehal Shinde.
Dr. Payal Tadvi. Photo: Facebook
The committee report had concluded:
“It is noted that Dr. Payal Tadvi was subjected to mental harassment for mistreatment and also abused by three senior graduate students, namely Dr. Hema Ahuja, Dr. Bhakti Meher and Dr. Ankita Khandelwal. She was threatened that she will not be assigned clinical work for the next period (semester) … After reading the conversation on the WhatsApp group (the defendants had formed a group with their young people, including Tadvi, in it), we have learned about the type of harassment against Dr. Payal Tadvi ”.
The state government’s Department of Medical and Drug Education, although opposed to the request, had said that the accused were free to continue their studies after the trial. However, the court called the department’s position “incorrect” and noted: “Even a convict is allowed to pursue academic activities while undergoing a sentence and develop his potential as a human being to the fullest. The state apparatus should facilitate those efforts rather than hinder any attempt in that name. The Appellants, therefore, by any standard, have the right to continue their courses of study subject to the foregoing warning. “
Payal’s mother Abeda, who is also a whistleblower in the case, has argued that the defendants are influential and could possibly threaten or coerce witnesses in the case. Lead attorney Indira Jaising, who represented Abeda in the supreme court, had stated that if the defendant returns to college, it would have an adverse impact on the trial that has yet to begin.
The main witnesses in the case and also other alleged victims of caste-based torture continue to study at the same university. But the court believes that “it will be difficult to imagine that three female doctors who are not otherwise from Mumbai can influence such witnesses by their mere presence at the college and hospital.”
The defendants’ attorney, Siddharth Luthra, had argued before the Supreme Court that they were willing to study at other Brihanmumbai Municipal Corporation (BMC) universities in case it was not possible to return to the same university. They cited the COVID-19 pandemic and stated that they would want to “serve the nation” at the time of the medical crisis.
Discouraged by today’s order, Abeda Tadvi said The wire, “The trial has not yet started. The main witnesses in the case are still studying at the same institute. While the rights of the accused have been taken into account, the court completely ignored our concerns.
The police, on the charge sheet, have recorded more than 250 witness statements. Many of them are first-year students who had allegedly also been tortured by the three defendants. These witnesses have made damning revelations against them. According to most witnesses, Payal, a 26-year-old graduate resident doctor, was subjected to humiliation and torture sustained by her three Hindu caste elders and finally ended her life on May 22.
Payal, who belonged to the Tadvi Bhil tribal community (from the larger Bhil ethnic group), was perhaps the first woman in her community to study medicine. After completing her undergraduate degree from a medical school in Jalgaon, she had moved to Mumbai to pursue a postgraduate degree in gynecology. But at the shelter, the three accused doctors allegedly treated her cruelly and made fun of her for having obtained admission under reservation.
Tadvi had left a note describing the torture to which she was subjected and also named the three defendants as responsible for her death. In the note, she said that it had become unbearable for her to continue amid the mounting torture of the three.
Subsequently, the Mumbai police had booked the accused doctors under the Recognized Castes and Tribes (Atrocity Prevention) Act, the Maharashtra Rattle Prohibition Act, incitement to suicide, destruction of evidence, and common intent under the Indian Penal Code. They were arrested and later released on bail.
If you know someone (friend or family member) at risk of suicide, please contact them. The Indian Foundation for Suicide Prevention maintains a list of phone numbers that you can call to speak confidentially. Icall, a counseling service run by TISS, has maintained a roster of collaborative therapists across the country. You can also take them to the nearest hospital.
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