During the hearing of the case of alleged rape and murder of a junior doctor at Kolkata’s R.G. Kar Medical College and Hospital, CJI D.Y. Chandrachud said that this is not just a case of murder in Kolkata, this is an issue of safety of doctors across the country. The court has taken suo motu cognizance of this matter. CJI said that a task force is being formed to improve the security of doctors, 9 doctors have been included in it, which will recommend measures for the safety, working conditions, and betterment of medical professionals.
What Will The Task Force Do?
The task force will look into the safety, welfare, and other related matters of medical professionals. A national plan will have to be prepared to prevent gender-based violence and for the respectful working of intern, resident, and non-resident doctors. The committee will also submit its report on these subjects. The Supreme Court said that the country cannot wait for another murder and rape case. The state government should ensure that action is taken against those who were involved in the vandalism. These people will be part of the task force
Members of the National Task Force
1. Vice Admiral RK Sarin
2. Dr. D Nageshwar Reddy
3. Dr. M Srinivas
4. Dr. Pratima Murthy
5. Dr. Govardhan Dutt Puri
6. Dr. Saumitra Rawat
7. Professor Anita Saxena
8. Professor Pallavi Sapre
9. Dr. Padma Shrivastava
10. Union Cabinet Secretary
11. Union Home Secretary
12. Union Health Secretary
13. Chairman of the National Medicine Commission
14. Chairman of the National Board of Examiners
The Supreme Court said that doctors do not have a place to rest. Basic hygiene is not taken care of for them. Medical healthcare units lack security. Doctors are left to handle unruly patients. There is only one common toilet for medical professionals in the hospital. They have to walk a long distance to access the toilet.
CJI DY Chandrachud said, “Many states have made laws. It has a punishment of up to three years, but these laws are not effective. The existing laws of the states do not adequately address the institutional safety standards for doctors and medical personnel. On behalf of the central government, SG Tushar Mehta demanded the replacement of the DGP of the state police. The SG said that some other officer should be made the in-charge DGP in West Bengal, and the current DGP should be removed.”
The Solicitor General raised questions about the Bengal Police during the hearing and said that if 500 people have to be called to an event, then we have to prepare for it. 7 thousand people coming to the hospital with sticks and rods is not possible without the knowledge of the police.
Drawing attention to the seriousness of the matter, Justice Tushar Mehta said, “We should not consider it trivial. We are dealing with the incident of rape of a young doctor by a sexual deviant. But there was also an animalistic tendency in it. I do not want to make it a political issue, the parents had to wait for 3 hours. Law and order have collapsed in the entire state. How did seven thousand people enter the hospital?”
The Supreme Court asked, “Who lodged the FIR first and when?” To this Kapil Sibal said, “The FIR was registered at 11.45 PM.” Then the CJI said that the FIR was registered 3 hours and 30 minutes after handing over the body to the parents. A doctor was murdered and why was the FIR registered at 11.45 pm? DY Chandrachud reprimanded the West Bengal government and the hospital administration and said, “Why was the FIR registered late? What was the hospital administration doing? When the murder took place, the victim’s parents were not present there. It was the responsibility of the hospital management to register the FIR.”
The CJI cited incidents in many places including Hyderabad and said that medical professionals have become vulnerable to violence. Due to deep-rooted patriarchal prejudices, female doctors are more targeted. Medical professionals have to face many types of violence. They work round the clock. Working conditions have made them vulnerable to violence. In May 2024, doctors on duty in West Bengal were attacked and later died. A nurse was pushed by the patient’s relatives in Bihar. Another doctor was attacked in Hyderabad. This is a sign of a major failure and systemic failure for the working conditions of doctors. Due to patriarchal prejudices, female doctors are more likely to be attacked by the relatives of patients. And they are also more vulnerable to sexual violence and the Aruna Shanbaug case is an example of this. Gender violence shows the lack of security for women in the system.
CJI DY Chandrachud said, “We appeal to the doctors to return to work. We are here to ensure their safety. We won’t leave it to the High Court. This is a matter of great national interest. You trust us, the doctors who are on strike should understand that the health care system of the entire country is with them.
The Supreme Court said that a National Task Force is being formed for the safety of doctors. Along with this, the court sought an investigation report from the CBI. This report has to be submitted to the court by next Thursday. The court urged the protesting doctors to return to work.
Seeing the condition of the hospitals, the Supreme Court has formed a National Task Force. “It appears that the crime was detected early in the morning”, the CJI said. The principal tried to pass it off as a case of suicide… the parents were not allowed to see the body.” However, Kapil Sibal said this was not true.