RG Kar Hospital Rape & Murder: Medical Consultants Approach Supreme Court,Suggest Measures For Safety Of Medical Professionals

The Federation of Association of Medical Consultants of India (FAMCI) has filed an intervention in the suo moto case taken by the Supreme Court over the  RG Kar Hospital doctor's rape and murder . The intervenors have raised safety concerns for medical workers in hospitals across the country in the absence of any centralised laws.

This development comes in response to the tragic incident at R G Kar Medical College and Hospital in Kolkata, where a female resident doctor was raped and murdered while on duty. The Supreme Court bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra will hear the matter on Tuesday(August 20). The live streaming of the hearing can be accessed here.

The application highlights that despite years of demands for basic safety measures, medical workers continue to operate in risky environments. The plea points out that the Union Ministry of Health & Family Welfare has issued advisories to curb violence against medical professionals, but these have not led to significant improvements in the practical sense.

Some of the measures suggested in these advisories include:

a. Security of sensitive hospitals to be managed by a designated and trained force,

b. Installation of CCTV cameras and round the clock Quick Reaction Teams with effective communication / security gadgets particularly at Casualty, Emergency and areas having high footfalls,

c. Well-equipped centralized control room for monitoring and quick response,

d. Entry restriction for undesirable persons,

e. Institutional FIR against assaulters,

f. Display of legislation protecting doctors in every hospital and police station,

g. Appointment of Nodal Officer to monitor medical negligence,

h. Expeditious filling up of vacant posts of doctors and para-medical staff in hospitals / Primary Health Centres (PHCs) to avoid excessive burden / pressure on doctors and to maintain global doctor-patient ratio.

The Federation argues that the lack of uniform safety protocols across healthcare facilities nationwide is a major factor contributing to the ongoing problem. They call for the issuance of stringent uniform guidelines that apply to all states and medical institutions in order to prevent such unfortunate instances as in the present case.

“A major factor contributing to this persistent problem is the absence of uniform safety protocols across healthcare facilities nationwide. To create a safer environment for healthcare providers, and in the absence of a Central legislation, there is an urgent need for the issuance of stringent uniform guidelines that apply uniformly across all states and medical institutions.”

The plea also emphasizes the need for legislation that imposes severe penalties for violence against healthcare workers. Regular audits to ensure compliance with safety measures are suggested as well.

The intervention stresses that common centralized policies would help address accountability issues. 

“Centralized policies would also help address the issue of accountability. Currently, a lack of cohesion in safety protocols leads to varying levels of implementation, leaving healthcare workers in some areas more vulnerable than others. Strict enforcement of these guidelines at the national level would help standardize safety measures, ensuring that healthcare workers across the country benefit from consistent protections. Only through such uniform, legally binding measures can we hope to bring about a meaningful change in the safety and security of India's healthcare workforce.”

Suggestions made by the Association.

The Association proposed the following systemic reforms to enhance the safety of healthcare workers across India and ensure proper implementation of laws:

a) The Central government to formulate uniform guidelines to ensure protection for healthcare workers and addressing gaps in state-level laws.

b) Resident doctors in medical colleges (public and private) and doctors in government hospitals should be formally declared as "Public Servants."

c) A police outpost (chowki) should be mandatorily established within the premises of municipal hospitals.

d) Small government hospitals, clinics, and dispensaries should be required to maintain a Patrol Book for regular monitoring. Patrol book can be established at every hospital/nursing home under a police station;

e) A central helpline should be established for reporting violent incidents, ensuring swift investigation, filing of FIRs, and sharing of action reports with authorities;

f) Implementation of airport-like security protocols in government hospitals including mandatory security measures like CCTVs, security personnel, and panic buttons in critical areas such as emergency rooms, operating theatres, and wards;

g) Improving working conditions for junior doctors and nurses by providing secure resting areas, proper lighting, and well-monitored corridors to prevent assaults during night shifts;

h) Training programs on conflict de-escalation and safety protocols should be established to help healthcare professionals manage confrontations with distressed or aggressive patients and their families effectively.

i) Uniform SOPs to be issued by State Governments for handling cases of violence against medical professionals which may include the following:

(a) Maintaining central records of the details of fatalities of medical professionals due to attacks by patients;

(b) Police personnel at the jurisdictional police station shall have contact numbers and addresses of all Medical Professionals/Medical Care Establishments in their jurisdiction;

(c) Under the new beat system, the beat officer shall have such numbers and addresses in their beat area;

(d) Police station incharge shall form a whatsapp group of Medical Professionals alongwith beat officers so that there can be regular exchange of information pertaining to any incident of violence;

(e) Sensitization of police personnel about the respective State laws for violence against medical professionals;

Last month, the Supreme Court had refused to entertain a petition filed by the Delhi Medical Association seeking measures to prevent violence against doctors by observing that legislations are already in place.

The body of the post-graduate trainee doctor was found in the R.G. Kar Hospital's seminar room on August 9. The Kolkata Police arrested a civic volunteer the next day in this connection.

On August 13, the Calcutta High Court directed the Central Bureau of Investigation (CBI) to take over the investigation, after expressing lack of satisfaction with the Kolkata Police. The High Court passed the order acting on petitions filed by one of the parents of the victim and certain other individuals.

Recently, the High Court pulled up the West Bengal machinery for the acts of vandalism at the RG Kar hospital during protests on August 14.

The Federation is represented by Adv Jamshed Mistry, AOR Mohini Priya and Adv. Sunil Khatri.

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