{"id":329008,"date":"2024-08-20T15:00:43","date_gmt":"2024-08-20T09:30:43","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=329008"},"modified":"2024-09-03T17:10:34","modified_gmt":"2024-09-03T11:40:34","slug":"kolkata-rape-and-murder-case-supreme-court-orders-constitution-of-national-task","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/08\/20\/kolkata-rape-and-murder-case-supreme-court-orders-constitution-of-national-task\/","title":{"rendered":"[Kolkata Rape and Murder case] Supreme Court orders constitution of National Task Force to give recommendations on modalities ensuring safety at workplace"},"content":{"rendered":"
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Supreme Court:<\/span> 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.<\/p>\n

Background:<\/p>\n

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.<\/p>\n

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.<\/p>\n

By its order<\/a> dated 13-08-2024, the High Court transferred the investigation to the Central Bureau of Investigation.<\/p>\n

Following the incident, agitations and protests were called by doctors\u2019 associations, student bodies and civic groups across the country. On the eve of Independence Day, several areas in Kolkata saw protests spurred by the \u2018Reclaim the Night\u2019 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 (\u2018IMA\u2019) called for a nationwide withdrawal of medical services, except emergency services, for twenty-four hours on 17-08- 2024.<\/p>\n

Court’s Order:<\/p>\n

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.<\/p>\n

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 \u201cwe are unable to comprehend how the State was not prepared to deal with the incident of vandalization of the premises of the hospital<\/span>\u201d.<\/p>\n

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<\/p>\n

,<\/p>\n

By citing the case of Aruna Ramachandra Shanbaug<\/span> v. Union of India<\/span>, (2011) 15 SCC 480<\/a>, 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

The Court further recorded several issues such as:<\/p>\n