In 2019, in the case of inciting the suicide of Dr. Payal Tadvi, a post-graduate student in medicine, the prosecution demanded that the then unit head of the Gynecology Department be added to the accused. The court is yet to rule on the petition.
The prosecution sought to add Dr Yee Ling, who was the head of the department at TN Topiwala National Medical College and BYL Nair Hospital in 2019, as an accused, saying there was a prima facie case against the professor and he was responsible. Tadvi committed suicide after turning a “deaf ear” to complaints that he was facing harassment from three seniors.
On May 22, 2019, Tadvi committed suicide in her hostel room. The police have arrested three of Tadvi’s seniors, Dr. Bhakti Mehre, Dr. Ankita Khandelwal and Dr. Hema Ahuja, on the charge of abusing Tadvi on the basis of caste and others as she belongs to Tadvi Bhil community of Scheduled Tribe. And based on the suicide note Tadvi left the names of three people.
Currently, a case is being filed against all three, they are currently out on bail.
‘The unit head was informed about the abuse’
Special public prosecutor Pradeep Gharat filed the application under Section 319 (power to prosecute other persons found guilty of an offence) of the Code of Criminal Procedure. In the complaint filed by Tadvi’s mother, Abeda, it is mentioned in the application that she informed Dr. Ling about the abuse of her daughter by three seniors.
However, the proposed accused, Dr. Ling, did not listen to their complaints. On the contrary, she said that such incidents happen in her institute,’ it is said in the petition, even when she asked the three seniors to be aware, there was no response. The petition further states that instead, Tadvi informed her mother that Dr Ling had called her and three seniors to take their side and warned her that she would be “in trouble”.
“Therefore, instead of taking action against the accused in the charge sheet, the proposed accused encouraged and incited them and suggested that he was negligent in not committing the crime and that the deceased victim had to suffer such hardship and work.” The commission of the crime was furthered and facilitated,” the petition said.
It refers to the testimony of witnesses, including Tadvi’s husband Salman and others, alleging that Dr Ling refused requests to change her unit despite requests in light of the alleged harassment.
“Despite being aware of the torture and harassment, they did not fail to take proper steps. The accused in the charge sheet have reached such levels of ragging, ill-treatment, torture and torture of the deceased.” The deceased committed suicide,’ said the petition.
Ragging Prevention Panel Unit Head to take appropriate action
Dr. Ragging Prevention Committee formed by Nair Hospital. He also added that he concluded that Lin was negligent and recommended appropriate action against him.
Under Section 319 CrPc, the court can add any person as an accused at any stage if there prima facie they appear to be guilty of the offence. The court demanded an answer from the accused and the complainant, Abeda Tadvi.
In December 2019, the Maharashtra State Human Rights Commission (MSHRC) said there were no lapses in the way complaints were handled by Dr Ling and another faculty head. However, it said its findings should not come in the way of any parallel investigation against them.
The police did not add them as accused in the charge sheet. At that time, Dr. Ling said that she was not aware that she was insulted because of her ethnic nature. Although Dr Ling was suspended after the incident, many doctors protested demanding his reinstatement.
The three accused were allowed to complete their post-graduation and practice.