Dr Payal Tadvi suicide case: Supreme Court asks state if accused doctors can join hospitals

The accused had moved the apex court seeking to resume their studies postgraduate degree in gynaecology and obstetrics.

Medical Dialogues had extensively reported about the unfortunate case, wherein, the 26-year-old PG medico Dr Payal Tadvi pursuing MD Gynecology from a well known BYL Nair Hospital in Mumbai had allegedly committed suicide by hanging herself in her hostel room in May 2019. The doctor was allegedly under depression as three of her senior colleagues allegedly used to harass her with casteist remarks.

Read Also: Mumbai: MD Gynecology commits Suicide over alleged Harassment, 3 Seniors booked for Abetment

A complaint was moved by the medico's family and a case against the trio, was registered under section 306 (abetment for suicide) of the Indian penal code (IPC), sections of the SC/ST Atrocities Act, Anti-Ragging Act and Information Technology Act, 2000.

Later, the Bombay High Court had granted bail to three doctors and directed the trio to submit a surety of Rs 2 Lakh and appear before the crime branch every alternate day. The court had further directed them not to travel outside Mumbai without permission or go inside the BYL Nair Hospital, where Dr Tadvi had committed suicide. The high court ordered that the licences of the accused would remain suspended until the trial concludes.

Read Also: Dr Payal Tadvi Suicide Case: Bombay High Court grants BAIL to Accused doctors

In November last year, the accused had approached the HC seeking relaxation in some of the conditions imposed and requested to be allowed to pursue further studies.

Further in December, the Maharashtra State Human Rights Commission (MSHRC) exonerated the two former department heads at the BYL Nair Hospital for the want of "linking evidence".

Read Also: Dr Payal Tadvi Suicide Case: 2 Accused Doctors Exonerated By Maharashtra Human Rights Panel

Several deliberations were made on the petition from both sides.

Meanwhile, in February this year, the HC refused permission to three women doctors to complete their PG courses. The bench stated that they can pursue post-graduation after trial in the case is complete.

The court noted that the Maharashtra Medical Council has already initiated inquiry into the issue and shall take appropriate decision on suspension of their licences. The bench had said that in the eventuality that the three are found guilty, the MMC would be at liberty to pass any order as per the section of the Act.

Read Also: Payal Tadvi Suicide Case: Bombay HC Refuses Permission To 3 Accused Doctors For Completing PG

Then, subsequent to HC orders, the state medical council revoked the suspension of licences of 2 doctors. Ahuja, who is not registered with the MMC but with the medical council of another state, was directed by the Bombay High Court to register with the MMC. The process is pending.

Now, during a recent hearing before the SC, the bench asked the state to inform whether the 3 doctors can join BMC or state hospitalI.

"The state will also inform court if in the facts and circumstances of the case, migration of petitioners could be permitted to any hospital attached to Mumbai Municipal Corporation or state or nursing centre of the concerned hospitals," the court said, as quoted by TOI

The Medical Council of India said migration was not permissible.

MCI's advocate Gaurav Sharma submitted that in instances cited by petitioners, a Haryana college was shut so all students were accommodated in different colleges. In the second case involving ESI-PGIMSR College, Andheri, there was a fire there, leading to students being temporarily shifted to another institution.

On this, the bench said, "To say that they should not even be allowed to migrate, we would not like that kind of a submission from the complainant."

The deceased doctor's mother, Abeda, objected to their pleas to resume studies. Her counsel, senior advocate Indira Jaising, submitted that since regulations were clear that no migration would be permissible, the court ought not to pass orders on that plea, adds the daily.

Pointing out that police had recorded statements of more than 250 witnesses, the court also directed the state to apprise it about status and stage of trial.

It also directed that BYL Nair Hospital be made party to the petition through its director. The accused, studying there at the time of the incident, completed two of their three-year degree course, the daily further reports.