On Tuesday (20th August), the Supreme Court of India expressed deep concern over the horrific rape and murder of the trainee doctor in Kolkata’s RG Kar Medical College and Hospital. The three-judge bench led by Chief Justice DY Chandrachud has formed a 10-member National Task Force to work out modalities for the safety of doctors at the workplace.
CJI: we are setting up a NATIONAL TASK FORCE, we want them to give recommendations of the modalities to be followed across the country for the safety measures for senior and junior doctors to be followed #RGKarMedicalCollegeHospital #KolkataDoctorCase #SupremeCourt
— Live Law (@LiveLawIndia) August 20, 2024
Stating that it was “very concerned”, the bench asked the West Bengal government “not to unleash” its power against the peaceful protesters. It also slammed the government over the delay in filing an FIR and failure to handle the issue of vandalism at the hospital.
Regarding the vandalism incident, CJI said, “We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital.”
The bench has also asked the CBI to submit a status report by Thursday (22nd August) to apprise the court of the status of the investigation.
CJI: we want CBI to file a status report on Thursday. We want CBI apprise us on the status of investigation #RGKarMedicalCollegeHospital #KolkataDoctorCase #SupremeCourt
— Live Law (@LiveLawIndia) August 20, 2024
Notably, the apex court has taken suo moto cognizance of the rape and murder case that took place at Kolkata’s RG Kar Medical College and Hospital on 9th August.
During the hearing, CJI Chandrachud expressed concerns about the circulation of the victim’s identity and pictures which violate her privacy. He said, “On 9th of August 2024, a PG Doctor at RG Kar Hospital was raped and murdered….the brutality of the sexual assault have shocked the conscience, her name and pictures have been circulated violating the privacy.”
The court also slammed the West Bengal government over the delay in filing the FIR. The bench asked why the FIR was filed at 11.45 pm when the autopsy took place much earlier. CJI stressed that the FIR was filed 3 hours after the body was handed over.
The court noted, “Autopsy revealed that the doctor was murdered and the FIR was registered at 11:45 pm. What were the authorities at the hospital doing?”
CJI: autopsy reveals that this is case where doctor is murdered..the FIR is registered at 11:45 PM? what was the principal, board in the hospital doing? #RGKarMedicalCollegeHospital #KolkataDoctorCase #SupremeCourt
— Live Law (@LiveLawIndia) August 20, 2024
CJI said, “Parents were permitted to see the dead body after several hours, HC transferred the investigations to CBI, on eve of Independence Day…. large mob vandalized the hospital.”
“We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital,” the Chief Justice added.
CJI said, “This is a very serious issue Mr. Sibal … 37 were arrested.. and they were recognized from the CCTV footage. West Bengal government could not have been unaware of the fact that when there are those protests, there will always be another segment that will come and disrupt it. Women doctors are assaulted, the police run away from the scene. Thereafter women doctors are called out by name, the people leading the protests, and they are threatened with the same fate that has befallen the other (deceased victim) … What was the police force doing in anticipation?”
To which, representing West Bengal government, Kapil Sibal argued that the Police were greatly outnumbered citing that they were 7000-strong. However, CJI interjected saying, “It doesn’t appear 7000 people vandalised the place. 80-90 people maximum, they indulged in vandalism.”
CJI also slammed the state government and directed them saying, “We are very concerned, let not the power of the state of WB be unleashed on the protesters.”
CJI: we are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital#RGKarMedicalCollegeHospital #KolkataDoctorCase #SupremeCourt
— Live Law (@LiveLawIndia) August 20, 2024
SC constitutes a National Task Force for safety of doctors at workplace
During today’s hearing, CJI ordered, “We are setting up a National Task Force, we want them to give recommendations of the modalities to be followed across the country for the safety measures for senior and junior doctors.”
While constituting the NTF, CJI stressed that as more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground.
He assured that the court would ensure doctors’ safety and urged doctors to trust the court. He emphasised that it is not limited to the particular case but one that will affect healthcare throughout the country.
He said, “This is not a matter of a particular case, but something that affects the institution of healthcare pan-India.”
The CJI stressed that a national consensus must be developed while announcing the task force members. The members of the SC constituted task force include – Surgeon Vice Admiral R Sarin, and Dr. D Nageshwar Reddy. Dr. M Shreenivas, Dr. Pratima Murty, Dr. Goverdhan Dutt Puri, Dr. Saumitra Rawat, Prof Anita Saxena – Head of Cardiology, AIIMS Delhi, Prof Pallavi Sapre – Dean Grant Medical College Mumbai and Dr Padma Srivastava, Neurology dept, AIIMS. Additionally, the Cabinet Secretary, the Home Secretary of the Government of India, the Secretary Union Health Ministry, the Chairperson of the National Medical Commission, and the President of the National board of Examiners will be the ex-officio members of the task force.
CJI: A national consensus must be evolved.. thus we are putting together a list of members as part of National Task force
— Bar and Bench (@barandbench) August 20, 2024
Surgeon Vice Admiral R Sarin
Dr D Nageshwar Reddy
Dr M Shreenivas
Dr Pratima Murty
Dr Goverdhan Dutt Puri
Dr Saumitra Rawat
Prof Anita Saxena, Head…
CJI: NATIONAL TASK FORCE IS HENCE CONSTITUTED :
— Live Law (@LiveLawIndia) August 20, 2024
(1) Surgeon Vice Admiral RK Sarian; (2) Dr Reddy , Mangaing Director Asian Institute of National Gastrology; (3) Dr M Srivas, Director AIIMS, Delhi; (4) Dr Prathima Moorthy, NIMHANS, Bangalore #RGKarMedicalCollegeHospital…
Dictating the order, the court also explained the mandate of the National Task Force.
SC directs that the NTF shall make actions plans on two heads – (1) preventing violence including gender based violence against medical professionals; (2) providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior…
— Live Law (@LiveLawIndia) August 20, 2024
It ordered, “The NTF shall make action plans on two heads – (1) preventing violence including gender-based violence against medical professionals; (2) providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, etc.”
During today’s hearing, the court also highlighted that women doctors have been receiving threats of rape and read complaints from women doctors.
CJI, “We don’t want to disclose their name. But please, rest assured, this is not an ordinary complaint which has been made to us now.”
The bench also expressed a lack of confidence in the Police providing security to the protesting doctors and the RG Kar Hospital.
Justice Pardiwala remarked, “We made an appeal to doctors to resume duty as the marginalised are suffering. Now if we ask police to provide security to these women doctors then will this police protect the doctors? Which police will safeguard the hospital?”
Consequently, it ordered that the CISF provide security to the RG Kar Medical College and Hospital.
