In a significant development today (August 20), the Supreme Court expressed profound concern over the lack of safety conditions for doctors and medical professionals across India. The Court initiated a suo motu case following the rape and murder of a doctor at RG Kar Medical College Hospital in Kolkata on August 9, highlighting the broader “systemic issues” related to the safety of doctors nationwide.
Chief Justice of India DY Chandrachud stated, “The reason we have decided to take this suo motu matter is because this is not just about a particular murder in a hospital in Kolkata. It raises systemic issues related to the safety of doctors across India.”
The Court emphasized its deep concern over the “virtual absence of safety conditions for young doctors in public hospitals, particularly for women doctors who are more vulnerable due to the nature of their work and gender.” CJI Chandrachud further stressed the need for a national consensus and protocol to ensure safe working conditions, noting that denying women a safe work environment also denies them equal opportunity.
To address these concerns, the Court announced the creation of a “National Task Force” (NTF) comprised of doctors from across the country to recommend measures for ensuring the safety and well-being of medical professionals. The NTF will be led by Surgeon Vice Admiral Arti Sarin AVSM, VSM, Director General of Medical Services (Navy). The task force has been instructed to submit an interim report within three weeks and a final report within two months.
The bench acknowledged that while several states, including Maharashtra, Kerala, and Telangana, have enacted laws to address violence against doctors, these laws fail to address the broader institutional safety deficiencies.
In its order, the bench highlighted several critical issues, including:
- Inadequate rest facilities for medical professionals on night duty, with no separate rooms for women and men.
- Overburdened interns, residents, and senior residents required to work 36-hour shifts under poor hygiene and sanitation conditions.
- Insufficient security personnel at hospitals.
- Inadequate toilet facilities for medical professionals.
- Distant and poorly connected accommodations for medical professionals.
- Lack of functional CCTV cameras in hospitals.
- Unrestricted access to hospital areas for patients and visitors.
- Absence of weapons screening at hospital entrances.
- Poorly lit and dingy hospital areas.
The Court also appealed to doctors nationwide, who are currently protesting against the crime, to return to work. It urged them to resume duties, assuring that their safety concerns are being addressed at the highest level by the Supreme Court.
During the hearing, the Court questioned the West Bengal Government and police over their handling of the case. The CJI expressed concern over the widespread circulation of the victim’s name, photographs, and video clips, calling it “extremely concerning.”
The Court raised several issues, including the actions of the hospital’s Principal, the delay in registering the FIR, and the vandalism at the hospital during a public protest on August 14. The CJI questioned why the incident was initially dismissed as a suicide and why the FIR was registered late at night, after the autopsy had already been conducted.
The Supreme Court has ordered the Central Bureau of Investigation (CBI) to submit a status report on its investigation by Thursday (August 22). The West Bengal Government has also been asked to provide a status report on the investigation into the acts of vandalism.
This bench, including Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, is hearing the suo motu cognizance of the rape and murder of the doctor at RG Kar Hospital in Kolkata.
The case has garnered attention from various medical associations, including the Federation of Association of Medical Consultants of India (FAMCI) and the Delhi Medical Association, which have intervened, raising safety concerns for medical workers in hospitals across the country.
Background
The case stems from the discovery of a post-graduate trainee doctor’s body in the seminar room of RG Kar Hospital on August 9. The Kolkata Police arrested a civic volunteer the following day. The Calcutta High Court directed the CBI to take over the investigation on August 13, citing dissatisfaction with the Kolkata Police’s handling of the case. The High Court’s decision followed petitions filed by the victim’s parents and others.
In its order, the High Court expressed concern over the potential derailment of the investigation, emphasizing the need for the CBI to take over to ensure justice and maintain public confidence. The High Court also criticized the lack of significant progress in the investigation and the failure of hospital authorities to lodge a complaint promptly.