On Tuesday, a three-judge bench led by Chief Justice of India DY Chandrachud addressed the Kolkata rape and murder case, which the Supreme Court had initiated on its own accord. The court had taken suo motu cognisance of the incident involving a postgraduate trainee doctor at R.G. Kar Medical College and Hospital, Kolkata, after her tragic death.
The Supreme Court’s intervention came after the Calcutta High Court ordered the transfer of the investigation to the Central Bureau of Investigation (CBI) on August 13, 2024, following dissatisfaction with the handling of the case by the Kolkata Police. A civic volunteer had been arrested in connection with the crime.
Here are the key points from the Supreme Court’s observations and actions regarding the safety of doctors and medical professionals:
Suo motu case initiation: The Supreme Court initiated a suo motu case in response to the rape and murder of a doctor at RG Kar Medical College Hospital in Kolkata on August 9, 2024.
Systemic safety concerns: Chief Justice of India DY Chandrachud highlighted that the case raises systemic safety concerns for doctors across India, especially women in public hospitals.
National Task Force: The apex court constituted a 10-member National Task Force (NTF) to recommend measures ensuring the safety and well-being of medical professionals, particularly women. The NTF is led by Surgeon Vice Admiral Arti Sarin and is expected to submit an interim report within three weeks and a final report within two months.
National protocol for safety: The CJI emphasised the need for a national consensus and protocol to create safe working conditions for doctors stressing that the absence of safety denies women equal opportunity.
Critique of state laws: The bench noted that existing state laws, such as those in Maharashtra, Kerala and Telangana, do not adequately address deficiencies in institutional safety standards for medical professionals.
Concerns highlighted:
• Inadequate rest and duty rooms for medical professionals, especially women.
• Excessive duty hours (up to 36 hours) without basic hygiene and sanitation.
• Insufficient security personnel in hospitals.
• Lack of adequate toilet facilities for medical professionals.
• Inadequate transportation and far-off accommodation for medical staff.
• Poorly functioning or absent CCTV cameras in hospitals.
• Unrestricted access for patients and visitors.
• Lack of screening for weapons at hospital entrances.
• Poor lighting and unsafe areas within hospital premises.
Court’s appeal to doctors: The Supreme Court urged protesting doctors to return to work assuring them that their safety concerns are being addressed at the highest level.
Criticism of West Bengal government: The Supreme Court criticised the West Bengal government for mishandling the case, particularly the delayed registration of the FIR and the mismanagement of the hospital after the crime was discovered.
Concern over media conduct: The Supreme Court expressed deep concern over the unauthorised dissemination of the victim’s photos and videos questioning the role of the West Bengal Police.
Acts of vandalism: The apex court questioned the West Bengal authorities about the acts of vandalism at the hospital during a public protest with the Solicitor General suggesting potential police complicity.
Call for sensitivity: The CJI urged the West Bengal government not to take coercive actions against peaceful protesters and to handle the situation with sensitivity.
Further investigations: The Supreme Court asked for a status report from the CBI on the investigation by August 22, while the West Bengal government was also asked to report on the investigation into the acts of vandalism.
Intervenors in the case: The Federation of Association of Medical Consultants of India and the Delhi Medical Association have intervened, raising broader safety concerns for medical workers across the country.
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Kolkata doctor rape-murder: SC’s key observations in suo motu case for nationwide medical safety
