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Informist, Tuesday, Aug 20, 2024

 

--SC: Kolkata case is about systemic issue of doctors' safety

--SC:Kolkata doctor death not just case of horrific murder in hospital

--CONTEXT: SC hearing Kolkata junior doctor's rape, murder case 

--SC: Deeply concerned at lack of safe working conditions for doctors 

--SC slams RG Kar Hospital principal passing victim's case as suicide 

--SC to CBI: File status report on Kolkata doctor rape, murder by Thu 
--SC says to set up national task force to ensure doctors' safety 
--SC: Let not West Bengal unleash power on peaceful protestors 
--SC constitutes 10-member national task force for doctors' safety 
--SC asks Bengal to give report on vandalism at RG Kar Hospital by Thu 
--SC asks doctors protesting Kolkata rape, murder case to resume work 

 

NEW DELHI – Observing that the nation cannot wait for another rape for things to change on ground, the Supreme Court today formed a 10-member national task force to make recommendations on safety and working conditions of the medical professionals. Taking a suo motu cognisance of the rape and murder of a junior doctor at a medical college in Kolkata, the Supreme Court also came down heavily on the West Bengal administration for its handling of the matter.

 

The 10-member task force comprises Surgeon Vice Admiral Arti Sarin, Director General Medical Services (Navy), Doctor Nageshwar Reddy, Managing Director of Asian Institute of National Gastrology and other people. The task force also has the Cabinet and home secretary to the Centre, secretary of the Ministry of Health and Family Welfare among its ex-officio members. 

 

The top court said that the task force shall prepare an action plan to prevent gender-based violence and ensure dignified working of interns, resident and non-resident doctors. The task force will also suggest appropriate timelines based on which suggestions can be implemented by the hospitals on the basis of their existing infrastructure, said the court. The task force is requested to furnish an interim report in three weeks and a final report within two months from today, the court added.

 

A 31-year-old junior doctor was found dead at a seminar hall at RG Kar Medical College and Hospital in Kolkata on Aug 9. Police had, thereafter, arrested a civic volunteer in connection with the case. There have been protests and strikes by doctors in several cities in the country over the case. On Aug 13, the Calcutta High Court had transferred the probe into the case to the Central Bureau of Investigation. The high court had said that there was no significant progress in the investigation by the West Bengal police. 

 

The apex court today said that it took up the case because this was not just a case of a horrific murder at a Kolkata hospital, but it was about the systemic issue of safety of doctors across India. The Bench led by Chief Justice of India D.Y. Chandrachud said that the top court was "deeply concerned" that there was a virtual absence of safe conditions for doctors, particularly women medical practitioners, at hospitals. If women are not able to go to work and conditions are not safe, we are denying them equality, said Chief Justice Chandrachud.

 

The Bench, also comprising Justice J.B. Pardiwala and Justice Manoj Misra, said that safety of all doctors, including women, was a matter of national interest and the principle of equality does not demand anything less. The court highlighted the concerns the doctors faced, such as nurses and female doctors being left to attend unruly people and no restroom facilities for the doctors. 

 

Chief Justice Chandrachud said that the court was deeply concerned that the name, photographs and videos of the victim were published in media. "The graphic shows her body which was after the incident...There are judgements of the court which say names of sexual survivors cannot be published," said the court. "Is this the way we provide dignity to the young doctor who has lost her life?" the court remarked.

 

The court also pulled up the principal of RG Kar Medical College for passing off the victim's case as suicide and not allowing her parents to see the body. "What was the principal doing? FIR (First Information Report) was not filed; body was handed late to parents..." The court also questioned the state government's move to appoint the principal to some other college immediately after his resignation. "When the conduct of the principal is under scrutiny, how was the principal appointed as a principal of another college immediately?" said the court. 

 

It also came down on the West Bengal police for its failure to prevent vandalism at the hospital after the incident. On Aug 15, a large mob vandalised the emergency ward and other areas of the hospital. "What is the police doing? A serious offence has taken place, the crime scene has taken place in hospital...What are they doing? Allowing vandalists to enter the hospital?" asked the top court. "We are unable to comprehend how the state (Bengal) was not able to handle the issue of vandalism at the hospital," said the court.

 

The top court asked the Central Bureau of Investigation to submit a status report by Thursday on the progress of investigation of the crime. The apex court also asked the West Bengal government to give a status report by Thursday on the progress of the investigation into vandalism which occurred in the hospital in the aftermath of the incident at RG Kar Medical College and Hospital.

 

The apex court asked the West Bengal government to show restraint and not unleash its power on the peaceful protestors. The court asked the doctors protesting throughout the country to resume work as it affected patients who have to avail health-related services. The court assured the doctors that their considerations were being received by the high courts of the country.

 

The Bench also received a complaint from women doctors of the Kolkata hospital that they were threatened with dire consequences by some miscreants. The complaint said that parents of women doctors were not sending them to hospital as they were not feeling safe. "The West Bengal government could not have been unaware that there will be elements who will disturb it. The lady doctors were called by name and threatened that they too would meet the same fate as that of the deceased. How did the police run away? Be rest assured that this is not an ordinary complaint which has been made to us now. What is the police doing?" said Chief Justice Chandrachud. 

 

The top court said that it would let the Central Industrial Security Force provide security at the RG Kar Medical College and Hospital. The top court said that it was essential to maintain safe conditions for doctors to pursue their duty. Solicitor General Tushar Metha said that the Central Industrial Security Force should be deputed in sufficient numbers to guard RG Kar hospital. The state of West Bengal did not object to the top court's suggestion.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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