The Supreme Court on Tuesday said the “horrific” rape and murder of a junior doctor at State-run RG Kar Medical College and Hospital in Kolkata was the last straw and “the nation cannot wait for another rape and murder to bring in safety laws for medical professionals and doctors”.
A three-judge Bench headed by Chief Justice of India DY Chandrachud, explaining why the apex court took suo motu cognisance of the crime, said the case laid bare the systemic failure in providing safety to medical professionals.
“This is not just a matter of protecting doctors. Their safety and well-being as health providers is a matter of national interest. 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 healthcare to others. The nation cannot await a rape or murder for real changes on the ground,” the Supreme Court observed.
The court said it was high time to frame a “unified, national protocol” to protect doctors in their line of work. The court constituted a National Task Force (NTF) to work out the modalities of safety measures that could be put in place for medical professionals.
Safety concerns
“There is a virtual absence of safety for doctors, especially young women doctors. They have 36-hour shifts. There are no separate duty rooms for male and women doctors and personnel. We need a national protocol for safe conditions of work for doctors and medical personnel… It is not that every time there is a rape and murder, the conscience of the nation is awakened. We need a protocol not just on paper, but to be actually implemented,” Chief Justice Chandrachud said.
The Chief Justice said women medical professionals were especially vulnerable to sexual assaults. Gender violence in the medical profession was a matter of very serious concern.
“The safety of doctors who don the role of health providers is a matter of national concern,” Chief Justice Chandrachud stressed.
The NTF was asked to come out with recommendations for ensuring security within hospital premises; infrastructure developments for doctors/medical professionals, including separate restrooms; technological interventions to limit access to critical areas in hospitals; CCTV cameras; provision of night transport; counselling services; conduct of crisis workshops; quarterly audits on safety norms, enhanced police presence in hospitals according to the footfall.
Surgeon Vice Admiral Arti Sarin, Director General Medical Services (Navy); Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology & AIG Hospitals, Hyderabad; Dr M Srinivas, Director, All India Institute of Medical Sciences( AIIMS), Delhi; Dr Pratima Murthy, Director, NIMHANS, Bangalore; Dr Goverdhen Dutt Puri, Executive Director, AIIMS Jodhpur; Dr Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology & Member Board of Management, Gangaram Hospital, Delhi; Prof. Anita Saxena, Vice Chancellor, Pandit DD Sharma Medical University, Rohtak; Dr Pallavi Saple, Dean Grant Medical College Mumbai & Sir JJ Group of Hospitals, Mumbai; and Dr Padma Srivastav, former professor, Neurology Dept, AIIMS Delhi and currently serving as Chairperson of Neurology, Paras Health have been appointed as members of the NTF. The Cabinet Secretary, and Union Home and Family Welfare Secretaries would function as its ex-officio members.
The Chief Justice reached out to the protesting doctors and medical staffers to resume work, saying their concerns would be given the highest priority by the Supreme Court. The CJI said a large section of the society were hit by their ongoing nationwide agitations.
Warning to State govt
The apex court warned the West Bengal government against “unleashing” its might on protestors expressing their grief and shock at a brutal crime committed on a young doctor while she was resting in the hospital’s seminar room during a 36-hour shift on August 9.
“We are very, very concerned. Let the power of the State of West Bengal not be unleashed on peaceful protestors,” Chief Justice Chandrachud cautioned West Bengal, represented by senior advocate Kapil Sibal.
The apex court asked what the West Bengal Police were up to when a “7000-strong” mob attacked protestors at the hospital, vandalised critical areas, possibly the crime scene too, on August 14.
“The crime scene was in the precincts of the hospital. What was the police doing? The police had to protect the crime scene… We are unable to comprehend how the State was unable to prevent the vandalism by the mob,” the Chief Justice addressed the State government, represented by senior advocate Kapil Sibal.
The Bench perused a complaint filed by a senior resident at RG Kar, who claimed the police “ran away” when the hooligans rushed into the site and started calling women doctors by their names to threaten them.
The court gave the State time till August 22 to file a status report on the probe into the mob attack. Meanwhile, the Bench recorded Solicitor General Tushar Mehta’s assurance on behalf of the Centre to depute the Central Industrial Security Force (CISF) in the RG Kar campus.
The hearing saw Chief Justice Chandrachud question the West Bengal government about the initial attempts by the college principal to pass off the doctor’s death as a “suicide”. The court pointed out that the principal, instead of facing action, has been moved out to another college. The Bench drew attention to the delay in the registration of FIR and handing over the body to the parents.
The Bench directed the CBI, which is currently in charge of the crime investigation on the orders of the Calcutta High Court, to submit its investigation report on August 22.
Chief Justice Chandrachud condemned leaks to social media of the doctor’s name, photographs identifying her, and video clips of her body after post-mortem.
“Free speech, we do completely back. But there are limits… is this the way we provide dignity for a young doctor who has lost her life so horribly?” the Chief Justice asked the assembled courtroom.
The court listed the case on August 22 for further hearing.