BDS student death case: 'Medical Colleges are cruelly treating students', says Kerala HC, calls for committee to recommend measures

Ernakulam: The Kerala High Court recently orally remarked that students were being treated cruelly in medical colleges in the State, noting that there were many complaints.

This observation was made by the HC bench comprising Justice A Badharudeen while hearing an anticipatory bail plea of the Head of the Department of a College, where a dental student allegedly committed suicide.

"In Kerala, medical colleges are ruining students. No doubt about it. They are very cruelly treating students, even PG students. Many complaints. Very, very serious matter...Generally.. I am not saying that you have done it.. Generally, these are very very serious allegations," the bench orally observed, while expressing concern at the seriousness of the matter.

As per the latest media report by Live Law, the anticipatory bail plea was filed by the Head of the Department of Dental Anatomy at Kannur Dental College, against the order of the Session Court. The HoD has been arrayed as the prime accused in the abetment to suicide case of a dental student from the institute. The second accused in the matter is a Professor at the institute. While the Sessions Court had granted pre-arrest bail to the second accused, it had dismissed the bail application against the prime accused, the HoD.

Background:

Medical Dialogues had earlier reported that the student died on April 10 after allegedly falling from a college building under suspicious circumstances. He was found critically injured on a stone-paved area between the administrative block and the hospital building at around 1:30 pm. Though he was rushed to the medical college hospital for treatment, he later succumbed to his injuries.

The student's parents alleged that he was subjected to emotional and verbal harassment by faculty members over his dark complexion and poor family background. According to the family, teachers allegedly used derogatory remarks such as "slum dog" and "rabid dog" against him.

Following the incident, the Head of the Dental Anatomy Department was expelled from the college.

While police initially registered a case of unnatural death, the charges were later altered to abetment of suicide and offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act after the family alleged caste-based harassment.

Meanwhile, Kannur Cyber Police registered a separate case after it emerged that the student had allegedly borrowed money through a loan application. The app operators reportedly contacted one of his teachers, who later informed the college authorities.

After the student's death, both accused doctors went into hiding and approached the court seeking anticipatory bail. During the hearing before the sessions court, the former HoD denied allegations of caste-based or racial harassment. He claimed that the student was "weak in studies" and that he had only advised him to improve, as his internal marks were very low. The doctor further claimed that he was under pressure due to harassment by loan app operators and denied any role in the student’s death.

Kerala HC Proceedings: 

During the hearing of the anticipatory bail plea, the prosecution counsel contended about that the reasons for refusal to grant anticipatory bail to the accused, pointing out that the Session's Court had denied the bail relying on the statement of the deceased's classmates.

The Session's Court, in its order, had recorded that there was prima facie evidence suggesting that the deceased student had committed suicide on the account of the fact that he was called into the principal's room and interrogated by his teachers.

Further, the prosecution argued that the accused's behaviour had been attested by other classmates of the deceased student as well.

Meanehile, during the hearing, the appellant HOD argued in detail about the FIR relating to the loan-app allegation and connected crime registered. The appellant submitted that the Session's Court had failed to properly appreciate the materials while dismissing the anticipatory bail plea.

Taking note of these submissions, the HC bench orally remarked, "You discuss with the government, particularly, what is happening in Medical College. In many cases, many are not even disclosing...Seeing a bright future no student is ready to quarrel with the teachers and the college authorities. They are suffering. I think a committee is to be constituted, a secret report to be obtained on what is happening and what are the remedial measures."

The HC bench suggested orally that the Committee set up for this can probe the allegations and form an opinion and thereafter form guidelines or stipulations.