Dr Payal Tadvi Suicide case: Accused doctor cannot be transferred to other hospitals, SC informed
Mumbai: With the Supreme Court deliberating on the suicide case of Dr Payal Tadvi, the authorities at Topiwala Medical College and BYL Nair Charitable Hospital has informed the apex court about their inability to transfer the accused doctors to other institutes for further studies. The submissions were made citing the pertinent guidelines of the Medical Council of India (MCI).
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.
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.
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".
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.
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.
Further, during a hearing before the SC, the bench had asked the state to inform whether the 3 doctors can join BMC or state hospital. The Medical Council of India had submitted that migration was not permissible.
Now, citing regulations of Medical Council of India, the dean of Topiwala Medical College and BYL Nair Charitable Hospital, told the Supreme Court recently that it did not have the authority to transfer the three accused doctors to any other hospital for them to complete the final year of their degree.
In the affidavit, Dr Ramesh Bharmal, also Director (medical education and major hospital), MCGM, said that he did not have purview of migration or transfer of a student pursuing postgraduate degree or diploma or super speciality course, reports TOI.