RG Kar Rape and Murder: Supreme Court sets up National Task Force for measures to protect safety, dignity of doctors

The Supreme Court on Tuesday set up a national task force (NTF) to examine the issues concerning safety and dignity of doctors and medical professionals and to address gender based violence and other issues concerning well being and safety faced by doctors and other medical professionals at workplace [In Re: Alleged Rape and Murder Incident of a Trainee Doctor in RG Kar Medical College and Hospital, Kolkata and Related Issues].A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra passed the order in a suo motu case registered by it in the wake or the rape and murder of a 31-year-old resident doctor in Kolkata's RG Kar Medical College and Hospital.Task Force MembersThe task force will have the following members:- Surgeon Vice Admiral R Sarin, AVSM, VSM, Director General, Medical Services (Navy);- Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad;- Dr M Shreenivas, Director, All India Institute of Medical Sciences (AIIMS), Delhi;- Dr Pratima Murty, Director, National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru;- Dr Goverdhan Dutt Puri, Executive Director, AIIMS, Jodhpur;- Dr Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology, GI and HPB Onco-Surgery and Liver Transplantation and Member, Board of Management, Sir Ganga Ram Hospital, New Delhi; Member, Court of Examiners, Royal College of Surgeons, England;- Prof Anita Saxena, Vice-Chancellor, Pandit B D Sharma Medical University, Rohtak. Formerly Dean of Academics, Chief Cardiothoracic Centre and Head Cardiology, AIIMS Delhi;- Prof Pallavi Sapre, Dean, Grant Medical College and Sir JJ Group of Hospitals, Mumbai;- Dr Padma Srivastava, formerly Professor at the Department of Neurology, AIIMS Delhi. Currently serving as the Chairperson of Neurology at Paras Health Gurugram.Ex-officio members of the national task force would include Cabinet Secretary to Government of India, Home secretary to Government of India, Secretary of Union Health Ministry, Chairperson of National Medical Commission and President of National Board of Examiners..Scope of the Task Force The taskforce shall examine and recommend measures for the safety, well-being of medical professionals and other cognate matters highlighted, the Bench directed.It ordered the task force to prepare a national action plan with regard to preventing gender based violence and to ensure safety and dignified working conditions for interns and resident and non resident doctors. The following shall be taken into account by the task force:1. Areas of emergency room may need additional security;2. Baggage screening needed to prevents arms from entering; 3. Not allowing persons beyond a limit if they are not patients; 4. Security to manage crowd;5. Have rest rooms for doctors and gender neutral spaces for resting of doctors, nurses;6. Such areas to have biometrics and facial recognition; 7. Proper lighting of all areas, installation of CCTV in all places;8. Transport from 10 pm to 6 am for medical professions;9. Conducting workshops for handling grief and crisis; 10. Quarterly audits of institutional safety measures;11. Establishing police force commensurate with footfall;12. POSH Act applies to medical establishments thus ICC to be constituted;13. Helpline number to be there for emergency of medical professionals."The NTF shall make report on all aspects of the action plan mentioned as above and the other aspects could also be included. NTF shall also suggest appropriate timelines based on which suggestions can be implemented by the hospitals on the basis of their existing infrastructure," the Court said in its order.The NTF was directed to furnish an interim report in three weeks and a final report within two months.Orders to States, UTs and UnionThe Court also ordered all states and Union Territories through their secretaries in health departments and the Union government through secretary in Ministry of Health to collate information from all hospitals run by the States and the Central government on following aspects: 1. How many security professionals are employed at each hospital; 2. Whether there is baggage screening at entry;3. Number of resting rooms; 4. Facilities provided in such rooms; 5. Whether all areas in hospital can be accessed by CCTV; 6. Training for hanging grief of patients 7. If there are police outposts outside the hospital; 8. If Internal Complaints Committee (ICC) as per Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 POSH is in place. This data shall be tabulated and submitted by Central government within a month by way of an affidavit.Failure by West Bengal The Court in order also took strong exception to the failure by the West Bengal State machinery to sop a large mob which on August 15 vandalised the emergency ward and other areas of the hospital after the crime."On 12:30 am on August 15, a large mob vandalised the emergency ward and other areas of the hospital. Following this, Indian Medical Association (IMA) called for nationwide withdrawal of emergency services for 14 hours. The State was expected to deploy State machinery to maintain law and order and protect crime scene. We are unable to comprehend why the State could not do so," the Court said.Attack on doctors widespreadThe Bench said that such instances of attack on doctors and other medical professionals is happening across the country and highlighted instances from Bihar and Telangana."In May 2024, two on duty doctors were attacked in West Bengal who died later. A nurse in Bihar was pushed by kin of a patient. Another doctor was attacked in Hyderabad. This is a sign of potent failure and systemic failure for working conditions of doctors. Due to ingrained patriarchal biases, the relatives of patients are more likely to attack the women doctors and they are more susceptible to sexual violence too and Aruna Shanbaug case is a case in point. Gender violence shows lack of safety for women in the system," the Court stated.The Court said protecting doctors is of paramount national interest. "Protecting safety of doctors and women doctors is a matter of national interest and principle of equality does not demand anything less. The nation cannot await another rape for it to take some steps," the Bench made it clear.While there are laws in place in States to protect medical professionals, they do not address the systemic issues. "We are highlighting lack of institutional safety for medical professionals - no resting step for doctors on late night medical duty, no rest rooms for doctors, interns, residents and non resident doctors undergo 36 hour shifts where basic conditions of hygiene are absent," the Court observed.Directions to CBI and Kolkata PoliceSince the rape and murder is current being probed by the Central Bureau of Investigation (CBI), the Court ordered the CBI to submit a status report by August 22 on the progress of investigation of crime. The State of West Bengal was directed to furnish a status report on the progress of investigation into acts of vandalism which occurred in the hospital in the aftermath of the rape and murder.Court requests doctors to resume workThe Court also urged all doctors to resume their work since strikes by medical professionals have affected health services across the country."Since this court is seized of the matter regarding safety of all medical professionals, we request doctors protesting all across the country to resume work as it affects patients to avail health related services. Doctors and medical professionals are receiving considerations by the highest court of the country," the Bench said.The matter will be heard again on August 22..BackgroundThe Bench was hearing a suo motu case registered by it in connection with the rape and murder of a 31-year-old resident doctor in Kolkata's RG Kar Medical College and Hospital.The junior doctor was found dead at a seminar hall of the college on August 9. An autopsy confirmed that she was raped and murdered.The incident has sparked nationwide outrage and protests with doctors in various parts of the country going on strike demanding stricter laws and policing to ensure the safety of medical professionals..Hearing today.The CJI at the outset of the hearing today, explained the reasons on why the top court registered a suo motu case despite the Calcutta High Court already hearing the matter.The matter is already under consideration by the Calcutta High Court and it had already transferred the probe to the Central Bureau of Investigation (CBI) which is currently probing the matter.The High Court had also asked the West Bengal government to submit a reply to allegations that the renovation work was carried out at the crime scene in a bid to "wipe out" evidence.However, the CJI today said the issue is not just about one rape and murder in Kolkata but a systemic issue regarding safety of doctors across the country."Why we decided to take suo motu though high court was hearing it because this is not just a case of a horrific murder in Kolkata hospital. But this is about systemic issue about safety of doctors across India," the CJI said.Elaborating on the same, he said that there is a total absence of safe working conditions for doctors."On safety we are deeply concerned that there is virtual absence for safe conditions for doctors working in hospitals, women doctors, resident and non resident doctors and the women docs who are more vulnerable. The young doctors have to put in long hours. No separate rest and duty room for men and women doctors and we need to evolve a national consensus for a standard national protocol for safe conditions of work," he said.The Bench underscored that equality under Constitution will be meaningless if women are not safe in their workplace."Ultimately what is equality under the Constitution if women cannot be safe in their workplace," the CJI asked..The Supreme Court also took strong exception to how the case was managed by the Kolkata Police and State of West Bengal. "Regarding Kolkata, we are deeply concerned that the name of the victim and the photo, video of the deceased is published all across media. The graphic shows her body which was after the incident. There are judgments of the court which says names of sexual survivors cannot be published," the CJI remarked.Senior Advocate Kapil Sibal said that the photos and videos were taken before the police reached the scene of the crime."Before police reached, all photos and videos were taken," he said. The Court also took exception to how the principal of the college had tried to pass off the murder as a suicide."After the crime was detected in early hours of morning, the principal tried to pass this off as a suicide and parents were not allowed to see the body," the CJI said.However, Sibal denied the same."This is not correct," he said"Until late night, there was no FIR," the CJI further stated."Unnatural death case was registered immediately which is a FIR.. inquest was done," Sibal replied."Did FIR say it was a murder," the CJI asked."Inquest shows it was a case of murder," Sibal submitted. "But until late night there is no FIR saying it is a clear case of murder," the Bench demanded."We got the accused who was a civic volunteer," Sibal replied.The Bench then questioned the State on why the principal who was under the scanner and had resigned, was appointed as principal of another college."When the conduct of the principal is under scrutiny how was the principal appointed as a principal of another college immediately. CBI needs to file a status report on this Thursday and let it apprise us about the status and since it is sensitive stage, let it be given only to us," the Court said. The Court also asked how a mob of around 7,000 was allowed to invade the hospital and damage the crime scene. "How did the principal try to pass this off as a suicide. The body was passed to parents in evening for cremation. Then next day doctors are protesting and a mob invaded the hospital and critical facilities were damaged and what was Kolkata Police doing? The crime scene is in the hospital. Police has to protect the crime scene. What are they doing," the CJI demanded. "7,000 people cannot enter a place without know how of the police," Solicitor General Tushar Mehta said."Who is the main accused," Justice Pardiwala asked."It was a civic volunteer... His bluetooth device was found near the deceased and this was connected and this the accused was nabbed," Sibal replied.Senior Advocate Maninder Singh, appearing for IMA, requested that the body be made a part of NTF."IMA and other stakeholders had given draft suggestions and thereafter a legislation was framed.. IMA can be made part of this NTF," he submitted."We have said all stakeholders will be consulted. You can write to Secretary of Ministry of Home and IMA will be consulted as well," the CJI stated.The Court also asked the West Bengal government to ensure that the power of State is not unleashed on those protesting peacefully."We expect the State of West Bengal that there is a necessary restraint in the face of peaceful protests and that power of state is not unleashed on them," the CJI said..[Read Orders].[Watch livestream of the proceedings]