Payal Tadvi suicide: Prosecution plea seeks to add then head of gynecology dept, ‘who turned deaf ear to complaints’, as accused

On May 22, 2019, Tadvi died by suicide in her hostel room. The police arrested three of her seniors, Dr Bhakti Mehare, Dr Ankita Khandelwal, and Dr Hema Ahuja, on allegations that they had harassed Tadvi, including on the basis of her caste, as she belonged to the Tadvi Bhil community, a Scheduled Tribe, and based on a suicide note left by Tadvi naming the three.

The case is currently at the stage of framing of charges against the three, with them currently out on bail.

‘Unit head was informed of harrasment’

Special Public Prosecutor Pradip Gharat made an application under Section 319 of the Criminal Procedure Code (power to proceed against other persons appearing to be guilty of offence). The application says that in the complaint filed by Tadvi’s mother, Abeda, she has said that she had informed Dr Ling about the harassment being caused to her daughter by the three seniors.

“However, the proposed accused Dr Ling turned a deaf ear to their complaint. On the contrary, she told that such incidents do happen in their institute,” the application said, adding that despite their insistence that the three seniors be warned, there was no response. The plea further says that instead Tadvi had informed her mother that Dr Ling had called her and the three seniors and taken their side, while warning her that she would have to “bear the trouble”.

“Thus, instead of taking action against the chargesheeted accused, the proposed accused encouraged and provoked them and thus, by her act of omission to prevent the offence being committed, and advising the deceased victim that she had to bear such trouble and work, has furthered and facilitated the commission of offence,” the plea said.

It refers to statements of witnesses including Tadvi’s husband Salman and others, alleging that Dr Ling had refused the request to change her unit despite requests in light of the alleged harassment.

“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 chargesheeted accused was increased to such a level that the deceased committed suicide,” the plea said.

Ragging prevention panel for appropriate action against unit head

It also adds that a ragging prevention committee formed by Nair Hospital had also concluded that there were acts of omission on part of Dr Ling and had recommended appropriate action against her.

Under Section 319 CrPc, the court can at any stage add a person as accused if there are prima facie grounds that they appear to be guilty of the offence. The court had called for a reply from the accused and the complainant, Abeda Tadvi.

In December 2019, the Maharashtra State Human Rights Commission (MSHRC) had said that there were no lapses in the way Dr Ling and another faculty head had handled the complaints. It had, however, said that its findings should not come in the way of any parallel probe against them.

The police had not added them as accused in the case in its chargesheet. Dr Ling had then in her defence said that she was not apprised about the humiliation being of a casteist nature. After the incident, Dr Ling was suspended but several doctors had rallied for her reinstatement.

The three accused were granted permission to complete their post-graduation and practice.