Kolkata Rape and Murder case: SC Forms National Task Force to remedy the issues concerning Doctor’s safety, next hearing on August 22

Today (August 20, 2024), the Supreme Court (SC) of India heard a matter related to the rape and murder of a postgraduate doctor at RG Kar Medical College Hospital, Kolkata. The bench constituting Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra expressed concern over the absence of safety conditions for doctors and medical professionals across the country. The bench took suo motu cognizance (In Re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and Related Issues) of the issue stating, “The reason why we have decided to take this suo motu matter is because this is not a matter related to a particular murder which took place in a hospital in Kolkata. It raises systemic issues related to the safety of doctors across India.” While hearing the matter today, CJI orally remarked, “First, on matters of safety, we are deeply concerned about the virtual absence of conditions of safety for young doctors in public hospitals, especially women doctors who are more vulnerable because of the nature of work and gender. Therefore we must evolve a national consensus. There must be a national protocol to create safe conditions of work. If women cannot go to a place of work and feel safe, we are denying them equal opportunity. We have to do something right now to ensure that the conditions of safety are enforced.” In the order pronounced today, the SC bench also highlighted the lack of institutional safety standards in health care establishments. It includes, 

• “Medical professionals who are posted for night-duties are not provided adequate resting spaces…”
• “Interns, residents and senior residents are made to perform thirty-six hour shifts in conditions where even basic needs of sanitation, nutrition, hygiene and rest are lacking…”
• “Lack of security personnel in medical care units is more of a norm than an exception…”
• “Medical care facilities do not have sufficient toilet. Most often there is only one common toilet for medical professionals in one department;”
• “The hostels or places of stay for medical professionals are situated far from the hospital. Doctors and nurses who have to travel to and from the hospital are not provided transport facilities by the institution…”
• “There is an absence or lack of properly functioning CCTV cameras to monitor ingress and egress to the hospital and to control access to sensitive areas;”
• “The patients and their attenders have unrestricted access to all places within the hospital, including Intensive Care Units and the doctors resting rooms;”
• “Lack of screening for arms and weapons at the entrance of the hospitals;”
• “Dingy and ill-lit places within the hospitals;”
• “Medical professionals have to shoulder the responsibility of being both medical and ‘emotional’ caregivers to patients and their relatives…”
• “Certain spaces within hospitals such as the Intensive Care Unit and the Emergency Wards are prone to a greater risk of violence because of the severity of medical conditions of patients in these departments.”

The CJI orally remarked “Protecting the safety of doctors and women doctors is a matter of national interest and the principle of equality does not demand anything less. The nation cannot await another rape for it to take some steps.” In the order, the CJI said that the top court is creating a ‘National Task Force’ (NTF) which consists of doctors all over the country “to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals…” The order of the top court illustrated that the NTF while doing so should consider the two important aspects to prepare an action plan, “(i) Preventing violence, including gender-based violence against medical professionals; and (II) Providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, nurses and all medical professionals.” The top court directed the NTF to submit an interim report within three weeks and the final report within two months from the date of this order (August 20). 

Moreover, the bench also directed all State Governments and UT Governments, through their Secretaries, in the Ministries of Health and Family Welfare and the Central Government, through the Secretary, Union Ministry of Health and Family Welfare must collate information from all hospitals run by the State and the Central Government, respectively on various aspects, as mentioned in the order, including “How many security personnel are employed at each Hospital and each department; (ii) Whether there is a baggage and person screening mechanism in place at the entrance of the medical establishment;”  and many more. The data should be filed with an affidavit by the Union Government within 1 month of this order. Along with this, the SC directed the CBI to submit a status report by August 22, 2024, on the progress in the investigation of the crime at RG Kar Medical College Hospital. It also directed the State of West Bengal to file a status report by August 22 on the progress of the investigation of the acts of vandalism that took place at the Hospital in the aftermath of the incident. The matter was further listed for hearing on August 22, 2024 (Thursday).