RG Kar Hospital Case | 'Can't Await Another Rape For Things To Change' : Supreme Court Forms Task Force On Medical Professional's Safety

In a significant development, the Supreme Court today (August 20) said that it was deeply concerned about the absence of conditions of safety for doctors and medical professionals across the country.

The Court said that it has initiated the suo motu case over the rape and murder of a doctor at the RG Kar Medical College Hospital at Kolkata on August 9 to address the "systemic issues."

"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," Chief Justice of India DY Chandrachud said.

"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," CJI orally said.

CJI said that the Court is creating a "National Task Force" comprising doctors all over the country to give recommendations on the modalities to be followed all over the country to ensure the safety of medical professionals

The bench noted that several states such as Maharashtra, Kerala, Telangana, West Bengal, Andhra Pradesh, Tamil Nadu etc. have framed state laws to deal with violence against doctors. However, these laws do not address deficiencies in institutional safety standards.

In the order, the bench observed,  "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 constitutional value of equality demands nothing else and will not brook compromises on the health, well being and safety of those who provide health care to others. The nation cannot await a rape or murder for real changes on the ground."

In the order, the bench recorded many issues such as :

1. Medical professionals doing night duty are not given adequate rooms to rest. There are no separate duty rooms for women and men.

2. Interns, residents, and senior residents are made to do 36-hours duty where basic conditions of hygiene and sanitation are often absent.

3. Lack of security personnel at hospitals is more of a norm than an exception.

4. Medical care professionals do not have adequate toilet facilities.

5. Places of stay for medical professionals are situated far from the hospitals and transportation facilities are not adequate.

6. Absence or lack of properly functioning CCTV cameras to monitor the hospitals.

7. Patients and attendees have unrestricted access to all places.

8. Lack of screening for arms and weapons at the entrance

9. Ding and ill-lit places within the hospital.

Members of the NTF

The bench ordered the constitution of a ten-member National Task Force. The force will be headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy).

The NTF shall make recommendations pertaining to the safety, working conditions and well-being of the medical professionals. NTF has to furnish interim report in three weeks and a final report within 2 months.

For details of the NTF, read - Medical Professionals' Safety: Meet The Members Of National Task Force Formed By Supreme Court

Appeal to doctors to return to work

In the order, the Court appealed to the doctors, who are protesting all over the country against the crime, to return to their duties.

The Court said that since it has taken up the issues relating to the doctors' safety, the protesting medical professionals ought to refrain from abstention from duties.

"We request all the doctors who are abstaining from work across the country to resume the work at the earliest. Above all the abstention from the work of doctors affects those segments of the society who need medical care the most from accessing day-to-day services. The abstaining doctors and medical professionals can stand assured that their concerns are receiving the highest concern from the Supreme Court of India.," the Court observed in the order.

Court questions West Bengal government

During the hearing, the Court also questioned the West Bengal Government and the police over the handling of the case.

At the outset, the CJI expressed deep concerns at the fact that the name of the victim, photographs and video clips showing the dead body have been spread all over the media. "This is extremely concerning," CJI said.

Senior Advocate Kapil Sibal, for the State of West Bengal, submitted that the photos were taken and circulated before the police reached.

The Court also questioned the State over the conduct of the Principal, the delay in the registration of the FIR and the vandalism which took place at the hospital during a public protest on August 14.

"After the crime was detected in the early hours of the morning, the Principal of the hospital tries to pass this off as a suicide. The parents are not allowed to see the body for a few hours..." CJI said. Sibal said that this was incorrect information and said that the State will place on record all facts.

CJI questioned why the Principal was given the charge of another hospital after he resigned from RG Kar Hospital.

Next, the bench questioned about the timing of the FIR. Sibal said that an "Unnatural Death" case was registered immediately and claimed that there was no delay in the registration of the FIR.

CJI pointed out that the autopsy was conducted between 1 PM and 4.45 PM of the day. The body was handed over to the parents at about 8.30 PM for cremation. However, the FIR was registered only at 11.45 PM.

"FIR is registered at 11.45 at night? Nobody at the hospital registers the FIR? What were the authorities at the hospital doing? Doesn't autopsy reveal the victim was raped and murdered?" CJI asked.

"What was the principal doing? Why first it was attempted to pass off as suicide?," CJI asked further.

CJI also questioned the State over the acts of vandalism which took place at the hospital on August 14 during a "reclaim the night" protest campaign.

"Hospital is invaded by the mob!. Critical facilities were damaged. What was the police doing? The first thing the police have to do is to secure the crime scene," CJI said.

Solicitor General of India Tushar Mehta said that a mob gathering of 7000 people won't assemble without the knowledge and the connivance of the police.

"We are unable to comprehend how the authorities were not able to deal with the vandalism," the bench recorded in the order. SG said that the root of the issue is that the West Bengal police is functioning under a DIG-in charge who himself is facing various allegations. Sibal refuted this submission.

CJI also urged the State to not take coercive actions against people who are participating in peaceful protests and speaking up in media and social media.

"Let not the power of the State of West Bengal not be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis," CJI said.

Sibal said that a lot of misinformation is spreading in the media regarding the case and the State was only taking action against them.

The Court asked the CBI to file a status report on the investigation by Thursday (August 22). The State of West Bengal has also been asked to submit a status report on the investigation into the acts of vandalism.