Supreme Court: In the suo motu matter concerning the rape and murder of a doctor at the RG Kar Medical College Hospital at Kolkata, the three Judge Bench of Dr. DY Chandrachud, CJI, JB Pardiwala and Manoj Misra, JJ. said that it was deeply concerned about the absence of conditions of safety for doctors and medical professionals across the country, and ordered the constitution of a ten-member National Task Force, comprising doctors all over the country to give recommendations on the modalities to be followed all over the country to ensure safety at the workplace.
Background:
On 9-08-2024, a thirty-one-year-old postgraduate doctor at RG Kar Medical College Hospital, Kolkata who was on a thirty-six-hour duty shift was murdered and allegedly raped inside the seminar room of the hospital.
Writ petitions were instituted before the Calcutta High Court seeking among other things, a court-monitored investigation of the crime and the conduct of the hospital authorities, including the role of the principal of the medical college and other officials by a special team of investigating officers. It has been alleged that the parents of the deceased were initially informed that their daughter had committed suicide; they were permitted to see the dead body after several hours and a first information report regarding the murder was registered belatedly by the police after several hours.
By its order dated 13-08-2024, the High Court transferred the investigation to the Central Bureau of Investigation.
Following the incident, agitations and protests were called by doctors’ associations, student bodies and civic groups across the country. On the eve of Independence Day, several areas in Kolkata saw protests spurred by the ‘Reclaim the Night’ campaign. At 12.30 am on 15-08-2024 when a protest was underway at the hospital, a large mob assembled at the premises of the RG Kar Medical College Hospital and vandalized the Emergency Ward and other departments of the hospital. Following the acts of wanton destruction and vandalism, the Indian Medical Association (‘IMA’) called for a nationwide withdrawal of medical services, except emergency services, for twenty-four hours on 17-08- 2024.
Court’s Order:
The Court expressed deep concerns after noting that the name and graphic images of the deceased have been widely circulated on social media without regard to her privacy or dignity.
The Court said that in the aftermath of the brutal incident and the demonstrations which followed, the State Government was expected to ensure the deployment of the State machinery to prevent a breach of law and order. It was even more necessary to do so since investigation of the crime which took place in the precincts of the hospital was under way. The Court remarked that “we are unable to comprehend how the State was not prepared to deal with the incident of vandalization of the premises of the hospital”.
The Court said that nationwide protests following the brutal incident in RG Kar Medical College Hospital have brought the issue of the lack of institutional safety for doctors to the forefront. With few or no protective systems to ensure their safety, medical professionals have become vulnerable to violence. The Court said that it has to intervene due to the involvement of systemic issues for healthcare across the nation
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By citing the case of Aruna Ramachandra Shanbaug v. Union of India, (2011) 15 SCC 480, the Court said that women are at particular risk of sexual and non-sexual violence in these settings. Due to ingrained patriarchal attitudes and biases, relatives of patients are more likely to challenge women medical professionals. In addition to this, female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors and persons in authority.
The Court underscored that as more and more women join the work force in cutting edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified conditions of work. The nation cannot await a rape or murder for real changes on the ground.
The Court noted that several states such as Maharashtra, Kerala, Telangana, West Bengal, Andhra Pradesh and Tamil Nadu have framed State laws to deal with violence against doctors. However, these enactments do not address the institutional and systemic causes that underlie the problem. The Court remarked that an enhanced punishment without improving institutional safety standards falls short of addressing the problem effectively.
The Court further recorded several issues such as:
- Medical professionals doing night duty are not given adequate rooms to rest. There are no separate duty rooms for women and men.
- Interns, residents, and senior residents are made to do 36-hours duty where basic conditions of hygiene and sanitation are often absent.
- Lack of security personnel at hospitals is more of a norm than an exception.
- Medical care professionals do not have adequate toilet facilities.
- Places of stay for medical professionals are situated far from the hospitals and transportation facilities are not adequate.
- Absence or lack of properly functioning CCTV cameras to monitor the hospitals.
- Patients and attendees have unrestricted access to all places.
- Lack of screening for arms and weapons at the entrance.
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Dingy and ill-lit places within the hospital.
The Court said that it is creating a National Task Force (‘NTF’) comprising doctors all over the country to give recommendations on the modalities to be followed all over the country to ensure safety at the workplace. Thus, the Bench ordered the constitution of a ten-member National Task Force, to be headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy). The Court also appointed 5 ex-officio members of the NTF.
The Court directed the NTF to formulate effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals and other cognate matters highlighted in this order.
The NTF was also directed to consider the following aspects to prepare an action-plan. The action plan may be categorized under two heads (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 Court allowed the NTF to make recommendations on all aspects of the action-plan highlighted above and any other aspects which the members seek to cover. Further, NTF was given the liberty to make additional suggestions, where appropriate. The NTF was also permitted to suggest appropriate timelines by which the recommendations could be implemented based on the existing facilities in Hospitals.
The Court asked the NTF to submit an interim report within three weeks and the final report within two months from the date of this order.
The Court further 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 to collate information from all hospitals run by the State and the Central Government, respectively on the following aspects:
- Number of security personnel employed at each Hospital and each department;
- Presence of baggage and person screening mechanism in place at the entrance of the medical establishment;
- Total number of resting/duty rooms in the Hospital and specific details of the number in each Department;
- Facilities provided in the resting/duty rooms.
- Information on whether all areas of the hospital are accessible to the general public and if so, with or without any security restrictions;
- Presence of CCTV cameras in the hospital. If there are, how many and in which locations;
- Whether the institution provides medical professionals training to appropriately handle the grief of patients. If so, the details of the training must be provided;
- Whether social workers who specialize in handling grief of families of the patients are employed at the hospital. If so, the total number of social workers must be provided;
- Whether there are police posts within the premises of the Hospital or the Medical College Hospital campus;
- Whether an Internal Complaints Committee in terms of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 has been constituted.
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Whether the employer of the establishment has discharged the duties prescribed by Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. If so, details of it.
The Court directed CBI to file the status report on the progress in the investigation of the crime at RG Kar Medical College Hospital on 22-08-2024 . The State of West Bengal was also directed to file a status report by 22-08-2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.
The matter will next be taken up on 22-08-2024.
[In re: Alleged rape and murder incident of a trainee doctor in R.G. KAR medical college and hospital, Kolkata and related issues, 2024 SCC OnLine SC 2056, decided on 20-08-2024]
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