PG Medico Suicide Case: Prosecution plea seeks to add former HoD Gynaecology as Accused

Published On 2024-12-09 05:56 GMT   |   Update On 2024-12-11 05:21 GMT

Bombay High Court

Mumbai: Five years after Dr Payel Tadvi’s tragic suicide, the prosecution has moved to frame charges against the former head of the Department of Gynaecology and Obstetrics at Topiwala National Medical College & BYL Nair Charitable Hospital. The plea, filed before the special SC/ST court, alleges that Dr Chiang's actions contributed to the harassment and mistreatment that ultimately led to Tadvi's death.

Medical Dialogues had earlier reported that a special court in Mumbai has decided to proceed with the trial against three women doctors accused of abetting the suicide of their junior colleague, Dr Payal Tadvi, a postgraduate medico in 2019. The court, on May 30, dismissed the discharge applications filed by the accused, who are currently out on bail and imposed a fine of Rs 25,000 on each of them for filing pleas that lacked merit.

Dr Payal Tadvi, a 26-year-old postgraduate medical student from a tribal community, died by suicide on May 22, 2019, after being subjected to severe harassment and caste-based abuse by three senior students at the medical college. The three students were arrested in May 2019 and later released on bail, facing charges under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act as well as the Maharashtra Prohibition of Ragging Act.

On November 13, special public prosecutor Pradip D. Gharat filed a plea before the court, arguing that Dr Ching should be called together with the other accused for framing charges. The prosecution’s plea highlights several incidents that allegedly point to Dr Ching’s failure to intervene effectively. According to the plea, Tadvi's mother, Abeda Salim Tadvi, and her niece, Asha Tadvi, approached Dr Chiang multiple times, informing her about the ongoing harassment Tadvi faced at the hands of her seniors. However, Dr Chiang allegedly dismissed their concerns, claiming that such incidents were common and did not warrant any special attention.  

Payal Tadvi then informed her mother that the department head had called her and the three seniors to discuss the incident. The prosecution claims that Dr Chiang failed to intervene appropriately and exacerbated the situation by siding with the accused seniors. The prosecution submitted that Dr Ching’s action, therefore, had encouraged and provoked the seniors, which facilitated the offence instead of preventing it. According to the prosecution, Dr Ching's actions thus incited the seniors, which enabled rather than prevented the offence.

The charge sheet filed by the Mumbai Police presents strong evidence of the caste-based nature of the harassment Dr Tadvi faced. The documents include a suicide note in which Dr Tadvi had accused the three seniors of using casteist slurs against her. The charge sheet also includes testimony from witnesses who describe the verbal and physical bullying Dr Tadvi endured during her time at the college.

Witnesses have corroborated these claims. The prosecution stated that five key witnesses in the case had confirmed the role of the accused in abetting Tadvi’s suicide. One of Dr. Tadvi's colleagues testified that during a meeting with Dr. Ching, the three accused students were only given a verbal warning. Furthermore, Tadvi’s mother and husband had requested Dr. Chiang to transfer Tadvi to a different college unit, but the department head refused.

Also Read: Payal Tadvi Suicide Case: Maharashtra Medical Council issues notice to 2 accused doctors

As per the recent media report in Hindustan Times, the plea said, “As a result of her acts of omission to take the proper steps in spite of the knowledge of torture and harassment, the said ragging, ill-treatment, harassment, and torture of the deceased by the charge-sheeted accused was increased to such a level that the deceased committed suicide.”

The prosecution filed the plea because Dr. Ching's name had emerged in several investigative reports, where she was implicated in facilitating the ragging. The plea also highlights the findings of the college's ragging prevention committee, which reportedly held Dr. Ching accountable for her failure to prevent the harassment. Despite being made aware of the situation, the committee’s report states that Dr. Ching took no decisive action to protect Dr. Tadvi or address the systemic issues within the department.

According to the Hindustan Times, the prosecution’s plea, filed before Special Judge SM Tapkire, stated, "It is, therefore, necessary that Dr Ching Ling Chung Chiang should be joined as an accused, since, from the overall consideration of the seriousness of the offense, the facts of the case, and the relevant laws, the case stands made out against her... The charge sheet shows that she is also responsible for the suicide..."

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