Ensure Basic Safety Conditions For Doctors Pending Receipt Of NTF Report : Supreme Court To States

LIVELAW NEWS NETWORK

22 Aug 2024 3:29 PM GMT

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    In the suo motu case taken over the RG Kar hospital doctor's rape-murder, the Supreme Court on Thursday (August 22) passed certain directions to ensure the basic safety of medical professionals till the final recommendations of the National Task Force are submitted.

    The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra accepted the suggestions made by various doctors' associations for interim protection measures.

    "We consider the above suggestion to be fair. In order to facilitate this, we direct that the Secretary in the Union Ministry of Health and Family Welfare shall engage with the Chief Secretaries and Directors General of Police so as to ensure that the State Governments/Union Territories put into place certain basic minimum requirements pending the receipt of the report of the NTF to assuage the concerns of the doctors over their safety at their work places. The exercise of holding meeting should be completed within a period of one week from today. The State Governments shall take remedial and appropriate action given the exigencies of the situation within a period of two week thereafter," the Court observed in the order.

    The Court further observed :

    "Pending the submission of the report of the NTF, all State Governments and Union Territories shall be alert to any apprehended violations or breaches of safety in medical establishments. The States/Union Territories would without awaiting the report of the NTF take suitable measures such as installing CCTV cameras and call distress systems."

    The Court also directed that the NTF take into consideration the suggestions made by the resident doctors and all other representatives relating to the medical profession. The Union Ministry of Family Welfare and Health has been directed to open a redressal portal for all the stakeholders to convey their concerns to the NTF.

    "The above suggestions may be considered by NTF whose remit has been couched in broad terms by this Court. The views of diverse stakeholders including the Interns, Residents, Senior Residents, doctors and nurses as well as of the para-medical staff would be taken into account by the NTF before its recommendations are made. To facilitate the filing of suggestions before the NTF, we direct the Secretary in the Union Ministry of Health and Family Welfare to open a web portal on the website of the Ministry on which the associations, or as the case may be, different stakeholders may submit their suggestions for consideration before the NTF," the Court recorded in its order.

    It may be noted that several intervenors have suggested to explore the possibility of (1) introducing distress call systems for doctors especially female professionals linked to the nearby police stations; (2) Institutional FIRs to register crimes without delay and (3) constitution of compensation distress funds. The Court additionally asked the NTF to look into the same.

    Notably, the Court today passed a flew of other directions, asking the authorities to not take any adverse steps against doctors for protests.

    The Court also rapped West Bengal police over the shortcomings in its investigation of the matter

    On the last hearing, the Court while concerning itself of the 'systemic issues' relating to the safety of medical professionals especially women doctors, constituted a "National Task Force" headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy) to give recommendations on the modalities to be followed all over the country to ensure the safety of medical professionals.

    Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024

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