In a notable development, the Supreme Court expressed serious concern today (August 20) regarding the lack of safety measures for doctors and medical professionals nationwide.

The Court announced that it has initiated a suo motu case following the rape and murder of a doctor at RG Kar Medical College Hospital in Kolkata on August 9, aiming to address the "systemic issues" contributing to such incidents.

"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 safety are enforced," CJI orally said.

The Chief Justice of India announced that the Court is forming a "National Task Force" consisting of doctors from across the country to provide recommendations on nationwide safety measures for women. The bench observed that while states like Maharashtra, Kerala, and Telangana have enacted laws to address violence against doctors, these laws fall short in addressing deficiencies in institutional safety standards.

In the order, the bench recorded many issues such as "

1. Medical professionals doing night duty are not given adequate rooms to rest. There are no separate duty rooms for women and men.

2. Interns, residents, and senior residents are made to do 36-hours duty where basic conditions of hygiene and sanitation are often absent.

3. Lack of security personnel at hospitals is more of a norm than an exception.

4. Medical care professionals do not have adequate toilet facilities.

5. Places of stay 

for medical professionals are situated far from the hospitals and transportation facilities are not adequate.

6. Absence or lack of properly functioning CCTV cameras to monitor the hospitals.

7. Patients and attendees have unrestricted access to all places.

8. Lack of screening for arms and weapons at the entrance

9. Ding and ill-lit places within the hospital.

The bench directed the formation of a ten-member National Task Force, to be led by Surgeon Vice Admiral Arti Sarin AVSM, VSM, Director General Medical Services (Navy). The Task Force is tasked with providing recommendations on the safety, working conditions, and well-being of medical professionals. It is required to submit an interim report within three weeks and a final report within two months.

In its order, the Court urged the protesting doctors across the country to resume their duties. It emphasized that, given its engagement with issues concerning doctors' safety, medical professionals should refrain from withdrawing their services.

During the hearing, the Court questioned the West Bengal Government and the police regarding their handling of the case. The Chief Justice of India expressed profound concern over the dissemination of the victim's name, photographs, and video clips showing the deceased, calling it "extremely concerning." Senior Advocate Kapil Sibal, representing the State of West Bengal, stated that the photos were taken and circulated before the police arrived on the scene.

The Court also interrogated the State regarding the actions of the Principal, the delay in FIR registration, and the vandalism that occurred at the hospital during a public protest on August 14.

The Chief Justice of India questioned why the Principal was assigned to another hospital after resigning from RG Kar Hospital. The bench also inquired about the timing of the FIR. Senior Advocate Kapil Sibal responded that an "Unnatural Death" case was registered immediately and asserted that there was no delay in the registration of the FIR.

The Chief Justice of India noted that the autopsy was conducted between 1 PM and 4:45 PM, and the body was handed over to the parents at approximately 8:30 PM for cremation. Despite this, 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.

The Chief Justice of India also questioned the State regarding the vandalism that occurred at the hospital on August 14 during the "Reclaim the Night" protest campaign.

Solicitor General of India Tushar Mehta stated that a mob of 7,000 people would not gather without the knowledge and complicity 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.

The Chief Justice of India urged the State not to take coercive actions against individuals participating in peaceful protests and expressing their views in the media and on social media.

A bench consisting of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra is hearing the suo motu case regarding the rape and murder of a doctor at RG Kar Hospital in Kolkata. The Federation of Association of Medical Consultants of India (FAMCI) and the Delhi Medical Association, among others, have filed interventions in the case. The intervenors have highlighted safety concerns for medical workers across the country, pointing out the lack of centralized laws to address these issues.

Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital Kolkata and related issues | SMW(Crl) 2/2024