Breaking News on RG Kar Case: Supreme Court Constitutes National Task Force to draft Action plan for Safety of Doctors
New Delhi: While considering the case of the horrific incident of rape and murder of a PG medical doctor at Kolkata-based RG Kar Medical College and Hospital, the Supreme Court has set up a National Task Force to give recommendations on the modalities to be followed across India to ensure safety of senior and junior doctors employed across the medical colleges/hospitals in the country.
The Task Force includes the following members:
(1) Surgeon Vice Admiral Dr Arti Sarin
(2) Dr D Nageshwar Reddy, Managing Director Asian Institute of National Gastrology
(3) Dr M Srinivas, Director AIIMS, Delhi
(4) Dr Prathima Murthy, NIMHANS, Bangalore
(5) Dr Goverdhan Dutt Puri, Director, AIIMS, Jodhpur
(6) Dr Saumitra Rawat, Managing Member of Gangaram Hospital
(7) Prof Anita Saxena, VC of Pandit BD Sharma College
(8) Dr Pallavi Sapre, Dean of Grant Medical College, Mumbai
(9) Dr Padma Srivastav, Neurology dept, AIIMS.
Apart from these members, the ex-officio members of the NTF include the following:
(a) the cabinet secretary to the GOI
(b) the home secretary of GOI
(c) Secretary of the ministry of family welfare
(d) chairperson of the National Medical commission and
(e) President of the National Board of Examiners
This National Task Force has been directed by the Apex Court bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra to submit their interim report within 3 weeks and final report within 2 months.
The CJI directed the NTF to make recommendations pertaining to safety, working conditions and well being of the medical professionals and other cognate members highlighted in the order.
As per the order, the NTF shall make action plans for-
(1) preventing violence including gender-based violence against healthcare professionals
(2) providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors etc
Doctors across the country are on strike following a recent incident of brutal rape and murder of a postgraduate resident at Kolkata-based RG Kar Medical College and Hospital. Apart from demanding justice for the deceased doctors, the doctors and healthcare workers across India are also demanding proper measures to ensure their safety at their workplaces.
Recently, the Supreme Court bench comprising the Chief Justice of India took suo-motu cognizance of the RG Kar murder and rape case after two lawyers practicing in the Supreme Court, Advocate Rohit Pandey and Ujjawal Gaur last Thursday wrote a letter to the Chief Justice of India DY Chandrachud urging him to take auto moto cognizance of the matter.
"The nation looks to the judiciary as the ultimate guardian of justice, the last refuge for those whose cries have been silenced by brutality. The victim in this case, a young doctor whose life was dedicated to serving others, deserves nothing less than the full measure of justice that our legal system can provide. Her death must not be in vain, it must galvanize us to act, to ensure that no other woman suffers such a fate," stated the letter.
The matter was listed for hearing today i.e. 20 August, 2024.
While considering the matter today, the Chief Justice of India noted that the matter no longer related to only a particular rape issue in hospital, but it deals with a systemic issue safety of doctors across India.
"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," the CJI was quoted noting by Live Law.
"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," it further observed.
"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," the CJI orally observed.
SC Expresses Concern over the Publication of the Name of the Victim:
Further, the bench expressed concerns regarding the fact that the name of the victim in the RG Kar case was all over the media.
"...in Nipun Saxena we have held we will not publish the name of the survivors ....is this the way we provide dignity to the young doctor who has lost her life?" observed the bench, as quoted by Live Law.
Why did the Principal Initially try to Pass it off as a Suicide?
Regarding the RG Kar incident, the CJI took note of the fact that the crime was detected at early hours of the morning and the principal tried to pass it off as suicide and the parents were not allowed to see the body.
However, Advocate Sibbal, appearing for the State of West Bengal submitted that it was incorrect.
When the CJI noted that no FIR was filed, Sibbal submitted that an inquest was done and the FIR was registered immediately. He also highlighted that the inquest showed that it was a case of murder.
At this outset, the CJI noted that there was no FIR showing that it was a clear case of murder. Responding to this, Advocate Sibbal submitted that the accused, a civic worker, was caught.
Questioning the role of the Principal of RG Kar Medical College, the CJI observed, "what was the principal doing? FIR was not Filed; body was handed late to parents; what is the police doing? a serious offence has taken place, the crime scene has taken in hospital...what are they doing? allowing vandalists to enter the hospital ?"
The CJI further questioned if the principal was assigned as a principal in some other college after resigning from RG Kar Medical College and Hospital.
CBI Directed to file Status Report:
The Central Bureau of Investigation (CBI), which took over the investigation of RG Kar Rape and Murder Case following the Calcutta High Court's order, has been directed to file a status report by the Apex Court bench.
"we want CBI to file a status report on Thursday. We want CBI apprise us on the status of investigation," ordered the Supreme Court
Supreme Court Seeks Details of RG Kar Case:
The top court bench sought to know the details of the first informant who filed the FIR, what was the time of FIR, at what time the body was handed over for cremation, etc.
At this outset, the CJI noted that the FIR was filed 3 hours after the body was handed over. Further, the Court noted that the autopsy took place between 1:45 to 4 PM and it revealed that it was a case of murder. Thereafter the FIR was registered at 11:45 PM. "What was the principal, board in the hospital doing?" questioned the CJI.
Advocate Sibal submitted that people there took photos and immediately a case of unnatural death was started. He further submitted that a board was constituted and Judicial Magistrate was asked to be present. CJI noted that parents were not at the hospital and it was the duty of the hospital to file the FIR.
Regarding the mob attack at RG Kar Hospital on 15th August, 2024, the CJI noted, "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."
"we are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital...hospitals are open throughout day and night, doctors work round the clock," the bench further noted.
Top Court's Observations on Working Conditions of Doctors Across India:
Referring to similar instances of violence against doctors, the top court bench noted how medical professions have become vulnerable to violence and due to ingrained patriarchal biases, the women doctors are targetted more.
"as more and more women join the work force.....the nation cannot wait another rape for things to change on the ground," observed the CJI.
Addressing the working conditions of doctors across the country, the CJI observed that the existing enactments do not adequately address the institutional safety standards for doctors and medical workers.
The court observed the following:
(a) Medical professionals who are deployed for night duty are not given adequate rooms to rest and there are no separate duty rooms for women and men.
(b) Despite the fact that basic conditions of hygiene and sanitation are often absent at the hospitals, the interns, residents and senior doctors are made to do 36-hours of duty.
(c) The Court further noted that it is a norm rather than an exception that there is a lack of security personnel at hospitals.
(d) Healthcare professionals do not have adequate toilet facilities.
(e) places of stay for medical professionals are situated far from the hospitals and there are no adequate transportation facilities.
(f) There is an absence or lack of properly functioning CCTV cameras to monitor the hospitals.
(g) patients and attendees have unrestricted access to all places.
(h) there is a lack of screening for arms and weapons at the entrance.
(i) Ding and ill-lit places within the hospital.
Constitution of the National Task Force:
To address the working conditions of doctors across the hospitals, the Supreme Court today constituted a National Task Force, observing that a national consensus must be evolved with consultation with stakeholders.
This ten-member NTF will be headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM, Director General Medical Services (Navy). It will make recommendations regarding the safety, working conditions and well-being of the medical professionals.
Court appeals to doctors to return to work:
During the case proceedings, the Apex Court bench appealed to the doctors, who are protesting all over the country against the crime, to return to their duties.
The Court mentioned that since it has taken up the issues relating to the safety of doctors, the protesting medical professionals should refrain from abstention from duties.
Do not take Coercive Actions against people participating in peaceful protesters:
However, the Apex Court bench today urged the State of West Bengal not to take coercive actions against people 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," noted the CJI.
In this regard, Advocate Sibal for West Bengal Government informed the bench that a lot of misinformation was spreading in media regarding the case and the State was only taking action against them.
To view the Supreme Court order, click on the link below:
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