Supreme Court observed “as more and more women join the work force, the nation cannot wait for another rape and murder for changes on the ground” while taking suo motu note of the brutal rape-murder of a young doctor in Kolkata’s RG Kar Medical Hospital.
The bench led by Chief Justice of India DY Chandrachud also expressed concern over the exodus of young doctors from the RG Kar Medical Hospital since August 14 when an almost mob hijacked a peaceful protest and vandalized the hospital and the nearby hostel. Of the 750 residents, only 150 male and female young doctors remain, a forum for the protection of doctors told the top court.
“We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital”, the CJI said pulling up the West Bengal government. “Doctors are protesting and a mob invaded the hospital…critical facilities were damaged and what was Kolkata Police doing? The crime scene is in the hospital... Police has to protect it. What are they doing,” the bench added.
Protect the protestors
Senior Advocate Aparajita Singh, appearing for “Protect the Warriors” – an organization of young doctors, told the Supreme Court that after the August 14 incident when an almost 7000-strong mob vandalized RG Kar Medical Hospital, some of the miscreants returned and threatened the women doctors that they would meet the same fate as the 31-year-old rape-murder victim if they complained about the incident.
“One ‘brave doctor’ who prefers to remain anonymous filed a complaint to the police via email,” Singh told the bench. “This is not an ordinary complaint which has been made to us now. What is the police doing?” CJI asked senior advocate Kapil Sibal who was representing the West Bengal government.
“This is a serious issue,” CJI Chandrachud said reacting to the submission.
Supreme Court further appealed to the doctors to return to their post even as it directed the Central Reserve Police Force to provide security at the hospital and the hostel. The top court further warned the state government from acting against those who were peacefully protesting the horrific incident.
“Let not the power of the State of West Bengal be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis,” the CJI said adding it expected the government would observe “necessary restraint in the face of peaceful protests being conducted by any quarter of the society bearing on the issues which form the subject matter of the incident in Kolkata.”
Absence of safety at the workplace, NTF to make recommendations
Supreme Court expressed deep concern over the “virtual absence” of safe conditions for medical and health care professionals. The top court noted existing laws are insufficient to adequately address institutional safety standards for doctors and medical workers.
“…we need to evolve a national consensus for a standard national protocol for safe work conditions. Ultimately, what is equality under the Constitution if women cannot be safe in their workplace?” Supreme Court noted.
“The protocol cannot be on paper but enforceable across India,” while announcing a National Task Force that will recommend solutions on this issue.
The National Task Force will comprise: Surgeon Vice Admiral Arti Sarin; Dr D Nageswar Reddy, MD, Asian Institute of National Gastroenterology; Dr M Srinivas, Director, AIIMS Delhi; Dr Pratima Murthy, Director, NIMHANS; Dr Govardhan Dutt Puri, Executive Director, AIIMS Jodhpur; Dr Saumitra Ravat, Chairperson, Gangaram Hospital; Professor Anita Saxena, Vice Chancellor · Pt BD Sharma University of Health Sciences; Dr Pallavi Sapre, Dean, Grant Medical College, Mumbai; and Dr MV Padma Srivastava, Head Neurology Dept, AIIMS (Delhi).
Cabinet Secretary, Home Secretary and Secretary of the Ministry of Health and Family Welfare, Chairperson of the National Medical Commission, and the President of the National Board of Examiners will be ex-officio members.
The top court further directed the CBI to file its status report and posted the matter for further hearing on August 22.