The Supreme Court on Tuesday (August 20, 2024) said the “horrific” rape and murder of a junior doctor at the State-run R.G. Kar Medical College and Hospital in Kolkata was the last straw and “the nation cannot wait for another rape and murder in order to bring in safety laws for medical professionals and doctors”.
Chief Justice of India D.Y. Chandrachud, heading a three-judge Bench, warned the West Bengal government against “unleashing” its might on protestors expressing their grief and shock at a brutal crime committed on a young doctor while she was resting in the hospital’s seminar room during a 36-hour shift on August 9.
“We are very, very concerned. Let the power of the State of West Bengal not be unleashed on peaceful protestors,” Chief Justice Chandrachud cautioned West Bengal, represented by senior advocate Kapil Sibal.
The Chief Justice reached out to the protesting doctors and medical staff to resume work, saying their concerns would be given the highest priority by the Supreme Court. The CJI said a large section of the society was hit by their ongoing nationwide agitation.
The apex court asked what the West Bengal Police were up to when a “7,000-strong” mob attacked protestors at the hospital, vandalised critical areas, possibly the crime scene too, on August 14.
“The crime scene was in the precincts of the hospital. What was the police doing? The police had to protect the crime scene… We are unable to comprehend how the State was unable to prevent the vandalism by the mob,” the Chief Justice addressed the State government.
The Bench perused a complaint filed by a senior resident at the R.G. Kar Medical College and Hospital, who claimed the police “ran away” when the hooligans rushed into the site and started calling out women doctors by their names to threaten them.
The court gave the State time till August 22 to file a status report on the probe into the mob attack. Meanwhile, the Bench recorded Solicitor General Tushar Mehta’s assurance on behalf of the Centre to depute the Central Industrial Security Force (CISF) at the R.G. Kar Hospital campus.
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The hearing saw Chief Justice Chandrachud question the West Bengal government on the initial attempts by the college Principal to pass off the doctor’s death as a “suicide”. The court pointed out that the Principal, instead of facing action, has been moved out to another college. The Bench drew attention to the delay in the registration of the First Information Report (FIR) and in handing over the body to the parents.
The Bench directed the Central Bureau of Investigation (CBI), which is currently in charge of the investigation into the crime on the orders of the Calcutta High Court, to submit its report on August 22.
Chief Justice Chandrachud condemned leaks to social media of the doctor’s name, photographs identifying her, and video clips of her body after the post-mortem.
“Free speech, we do completely back. But there are limits… is this the way we provide dignity for a young doctor who has lost her life so horribly?” the Chief Justice asked the assembled courtroom.
The Chief Justice, explaining why the apex court took suo motu cognisance of the crime, said the case laid bare systemic failure in providing safety to medical professionals, and it was time to steer towards a “unified, national protocol” to protect doctors in their line of work.
“There is a virtual absence of safety for doctors, especially young women doctors. They have 36-hour shifts. There are no separate duty rooms for male and women doctors and personnel. We need a national protocol for safe conditions of work for doctors and medical personnel… It is not that every time there is a rape and murder, the conscience of the nation is awakened. We need a protocol not just on paper, but to be actually implemented,” Chief Justice Chandrachud said.
The Chief Justice said women medical professionals were especially vulnerable to sexual assaults. Gender violence in the medical profession was a matter of very serious concern.
“The safety of doctors who don the role of health providers is a matter of national concern,” Chief Justice Chandrachud stressed.
The court constituted a National Task Force (NTF) to work out the modalities of safety measures which could be put in place for medical professionals.
The NTF was asked to come out with recommendations for ensuring security within hospital premises; develop infrastructure for doctors/medical professionals, including separate restrooms; technological interventions to limit access to critical areas in hospitals; CCTV cameras; provision of night transport; counselling services; conduct of crisis workshops; quarterly audits on safety norms, enhanced police presence in hospitals according to the footfall.
Surgeon Vice Admiral Arti Sarin, Director General Medical Services (Navy); Dr. D. Nageshwar Reddy, Chairperson and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad; Dr. M Srinivas, Director, All India Institute of Medical Sciences (AIIMS), Delhi; Dr. Pratima Murthy, Director, National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru; Dr. Goverdhen Dutt Puri, Executive Director, AIIMS, Jodhpur; Dr. Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology and Member, Board of Management, Sir Ganga Ram Hospital, Delhi; Prof. Anita Saxena, Vice Chancellor, Pandit D.D. Sharma Medical University, Rohtak; Dr. Pallavi Saple, Dean, Grant Medical College, Mumbai and Sir J.J. Group of Hospitals, Mumbai; and Dr. Padma Srivastav, former Professor, Neurology Department, AIIMS, Delhi, currently serving as Chairperson of Neurology, Paras Health, have been appointed as members of the NTF.
The Cabinet Secretary, Union Home and Family Welfare Secretaries will function as its ex-officio members.
The court listed the case on August 22 for further hearing.
