THE JHARKHAND STORY DESK
New Delhi, August 20: In a significant development, the Supreme Court today (August 20) said that it was deeply concerned about the absence of conditions of safety for doctors and medical professionals across the country, reports Live Law.
The Court said that it has initiated the suo motu case over the rape and murder of a doctor at the RG Kar Medical College Hospital at Kolkata on August 9 to address the “systemic issues.”
“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,” Chief Justice of India DY Chandrachud said.
“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.
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,” CJI orally said.
CJI said that the Court is creating a “National Task Force” comprising doctors all over the country to give recommendations on the modalities to be followed all over the country to ensure the safety of women.
The bench noted that several states such as Maharashtra, Kerala, Telangana etc. have framed state laws to deal with violence against doctors. However, these laws do not address deficiencies in institutional safety standards.
In the order, the bench observed, “As more and more women join the work force…..the nation cannot wait for another rape for things to change on the ground,” Live Law reported.
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In the order, the bench recorded many issues such as:
- Medical professionals doing night duty are not given adequate rooms to rest. There are no separate duty rooms for women and men.
- Interns, residents, and senior residents are made to do 36-hours duty where basic conditions of hygiene and sanitation are often absent.
- Lack of security personnel at hospitals is more of a norm than an exception.
- Medical care professionals do not have adequate toilet facilities.
- Places of stay for medical professionals are situated far from the hospitals and transportation facilities are not adequate.
- Absence or lack of properly functioning CCTV cameras to monitor the hospitals.
- Patients and attendees have unrestricted access to all places.
- Lack of screening for arms and weapons at the entrance
- Ding and ill-lit places within the hospital.
Members of the NTF
The bench ordered the constitution of a ten-member National Task Force. The force will be headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy).
The NTF shall make recommendations pertaining to the safety, working conditions and well-being of the medical professionals. NTF has to furnish interim report in three weeks and a final report within 2 months.
Appeal to doctors to return to work
In the order, the Court appealed to the doctors, who are protesting all over the country against the crime, to return to their duties.
The Court said that since it has taken up the issues relating to the doctors’ safety, the protesting medical professionals ought to refrain from abstention from duties, as reported by Live Law.
Court questions West Bengal government
During the hearing, the Court also questioned the West Bengal Government and the police over the handling of the case.
At the outset, the CJI expressed deep concerns at the fact that the name of the victim, photographs and video clips showing the dead body have been spread all over the media. “This is extremely concerning,” CJI said.
Senior Advocate Kapil Sibal, for the State of West Bengal, submitted that the photos were taken and circulated before the police reached.
The Court also questioned the State over the conduct of the Principal, the delay in the registration of the FIR and the vandalism which took place at the hospital during a public protest on August 14.
“After the crime was detected in the early hours of the morning, the Principal of the hospital tries to pass this off as a suicide. The parents are not allowed to see the body for a few hours…” CJI said. Sibal said that this was incorrect information and said that the State will place on record all facts.
CJI questioned why the Principal was given the charge of another hospital after he resigned from RG Kar Hospital.
Next, the bench questioned about the timing of the FIR. Sibal said that an “Unnatural Death” case was registered immediately and claimed that there was no delay in the registration of the FIR.
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CJI pointed out that the autopsy was conducted between 1 PM and 4.45 PM of the day. The body was handed over to the parents at about 8.30 PM for cremation. However, the FIR was registered only at 11.45 PM.
“FIR is registered at 11.45 at night? Nobody at the hospital registers the FIR? What were the authorities at the hospital doing? Doesn’t autopsy reveal the victim was raped and murdered?” CJI asked.
“What was the principal doing? Why first it was attempted to pass off as suicide?,” CJI asked further, as reported by Live Law.
CJI also questioned the State over the acts of vandalism which took place at the hospital on August 14 during a “reclaim the night” protest campaign.
“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,” CJI said.
Solicitor General of India Tushar Mehta said that a mob gathering of 7000 people won’t assemble without the knowledge and the connivance of the police.
“We are unable to comprehend how the authorities were not able to deal with the vandalism,” the bench recorded in the order. SG said that the root of the issue is that the West Bengal police is functioning under a DIG-in charge who himself is facing various allegations. Sibal refuted this submission.
CJI also urged the State to not take coercive actions against people who are 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,” CJI said.
Sibal said that a lot of misinformation is spreading in the media regarding the case and the State was only taking action against them.
The Court asked the CBI to file a status report on the investigation by Thursday (August 22). The State of West Bengal has also been asked to submit a status report on the investigation into the acts of vandalism, Live Law reported.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing the Suo motu cognizance of the rape and murder of a doctor in RG Kar Hospital in Kolkata.
It may be noted that the Federation of Association of Medical Consultants of India (FAMCI), Delhi Medical Association etc. have filed an intervention in the present case. The intervenors have raised safety concerns for medical workers in hospitals across the country in the absence of any centralized laws.
Background
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.
“The parents of the victim have an apprehension that if the investigation is allowed to continue in this manner, it will derail. Therefore they pray for extraordinary relief. One more disturbing aspect is that a case of unnatural death was registered. It is submitted that such cases are registered when there is no complaint. When the deceased was a doctor in the same hospital, it is surprising why the principal did not lodge a complaint. There has been no significant progress in the investigation. The administration was not with the victim or her family. The principal has not even given a statement. Without significant progress in the investigation, we would be well justified in accepting the prayers by the victim’s parents that evidence would be destroyed. Therefore we transfer the investigation to the CBI to do justice between parties and to inspire public confidence.”
The order was passed by the High Court bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.
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. (Courtesy: Live Law)
