[RG Kar Rape & Murder] “Don’t Use Your Power on Peaceful Protesters”: CJI Blasts Bengal Govt | SC Sets Up Task Force For Doctors’ Safety At Workplace

The Supreme Court Today (Aug 20) said to the Bengal government that the power of the state should not be “unleashed on the protesters” in connection with the rape and murder of a woman trainee doctor at Kolkata’s RG Kar Medical College and Hospital. “We will indicate our broad parameters of our intervention. Let not the power of state of West Bengal be unleashed on peaceful protesters. Whether doctors, or civil society, let there not be power of state be unleashed on them at all,” CJI Chandrachud said.

Thank you for reading this post, don't forget to subscribe!

NEW DELHI: The Supreme Court on Tuesday said to the Bengal government that the power of the state should not be “unleashed on the protesters” in connection with the rape and murder of a woman trainee doctor at Kolkata’s RG Kar Medical College and Hospital.

“We will indicate our broad parameters of our intervention. Let not the power of state of West Bengal be unleashed on peaceful protesters. Whether doctors, or civil society, let there not be power of state be unleashed on them at all,”

-Chief Justice of India DY Chandrachud said.

During the hearing, bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra also said that the bench was “unable to comprehend” how the state government was not able to “handle the issue of vandalism” at the hospital.

Chief Justice DY Chandrachud explained the Supreme Court’s decision to take suo motu cognizance of the rape and murder case at RG Kar Medical College and Hospital in Kolkata, despite the ongoing proceedings in the Calcutta High Court.

“Why we decided to take suo motu though High Court was hearing it, because this is not just a case of a horrific murder in the Kolkata hospital… but this is about a systemic issue about the safety of doctors across India.”

The Bench highlighted the broader concerns related to the unsafe working conditions for doctors, particularly female doctors who are more vulnerable in their workplaces. Addressing the conditions in hospitals, the Court remarked,

“…the young doctors have to put in long hours… no separate rest and duty room for men and women doctors. We need to evolve a national consensus for a standard national protocol for safe conditions of work. Ultimately what is equality under the Constitution if women cannot be safe in their workplace?”

The Supreme Court emphasized the urgency of establishing a national protocol that ensures safe working conditions, which must be enforceable across India.

Regarding the tragic incident at RG Kar Hospital, the Court expressed deep concern over the public disclosure of the victim’s identity and images in the media, with Chief Justice Chandrachud noting that

“there were judgments barring the disclosure of the names of sexual assault survivors.”

The Court then raised serious questions about the handling of the incident by the hospital authorities and the police.

“After the crime was detected in the early hours of the morning, the Principal tried to pass this off as a suicide, and parents were not allowed to see the body.”

-the Chief Justice pointed out,

Even as Senior Advocate Kapil Sibal, representing the State of West Bengal, voiced objections, the Chief Justice highlighted the delayed filing of the First Information Report (FIR), which was not registered until late that night. He further questioned whether the FIR had correctly classified the incident as a murder. Sibal responded by stating that the inquest report indicated it was indeed a case of murder.

The Chief Justice pressed further, asking,

“But until late at night, there is no FIR saying it is a clear case of murder? How did the Principal try to pass this off as a suicide? The body was passed to parents in the evening for cremation… then the next day doctors are protesting and a mob invaded the hospital, and critical facilities were damaged. What was Kolkata Police doing? The crime scene is in the hospital. Police has to protect the crime scene.”

In reference to the mob that stormed the hospital and caused extensive damage, Solicitor General Tushar Mehta, representing the Central government, commented,

“7,000 people cannot enter a place without know-how of the police.”

The Chief Justice then questioned the decision to reassign the Principal of RG Kar Hospital to another college immediately after the incident. He stated that:

“CBI needs to file a status report on this Thursday and let it apprise us about the status. Since it is a sensitive stage, let it be given only to us. Today we will pass an order,”

-indicating that the Court will continue to closely monitor the case and ensure that justice is served.

CJI Proposes CISF Deployment for RG Kar College Security Until Normalcy, Following Request from SG Tushar Mehta.

The Supreme Court stated that it will constitute a national task force for the safety of doctors while hearing the case about the gruesome rape and murder of the 31-year-old trainee doctor at a Kolkata hospital.

The Chief Justice stated-

“The task force would comprise a diverse set of doctors, who will apprise us of modalities to be followed all over the country to ensure safety.”

“Now that we are hearing this case, it is our earnest request to doctors all over the country. We earnestly appeal that we are here to ensure their safety and protection, which is a matter of the highest national concern,”

–Chandrachud stated.

While hearing the case, the Chief Justice stated-

“The nation cannot wait for another rape and murder.”

Task Force Members

The task force will have the following members:

• Surgeon Vice Admiral R Sarin, AVSM, VSM, Director General, Medical Services (Navy);
• Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad;
• Dr M Shreenivas, Director, All India Institute of Medical Sciences (AIIMS), Delhi;
• Dr Pratima Murty, Director, National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru;
• Dr Goverdhan Dutt Puri, Executive Director, AIIMS, Jodhpur;
• Dr Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology, GI and HPB Onco-Surgery and Liver Transplantation and Member, Board of Management, Sir Ganga Ram Hospital, New Delhi; Member, Court of Examiners, Royal College of Surgeons, England;
• Prof Anita Saxena, Vice-Chancellor, Pandit B D Sharma Medical University, Rohtak. Formerly Dean of Academics, Chief Cardiothoracic Centre and Head Cardiology, AIIMS Delhi;
• Prof Pallavi Sapre, Dean, Grant Medical College and Sir JJ Group of Hospitals, Mumbai;
• Dr Padma Srivastava, formerly Professor at the Department of Neurology, AIIMS Delhi. Currently serving as the Chairperson of Neurology at Paras Health Gurugram.

Ex-officio members of the national task force would include Cabinet Secretary to Government of India, Home secretary to Government of India, Secretary of Union Health Ministry, Chairperson of National Medical Commission and President of National Board of Examiners.

Scope of the Task Force

The taskforce shall examine and recommend measures for the safety, well-being of medical professionals and other cognate matters highlighted, the Bench directed.

It ordered the task force to prepare a national action plan with regard to preventing gender based violence and to ensure safety and dignified working conditions for interns and resident and non resident doctors.

The following shall be taken into account by the task force:

• Areas of emergency room may need additional security;
• Baggage screening needed to prevents arms from entering;
• Not allowing persons beyond a limit if they are not patients;
• Security to manage crowd;
• Have rest rooms for doctors and gender neutral spaces for resting of doctors, nurses;
• Such areas to have biometrics and facial recognition;
• Proper lighting of all areas, installation of CCTV in all places;
• Transport from 10 pm to 6 am for medical professions;
• Conducting workshops for handling grief and crisis;
• Quarterly audits of institutional safety measures;
• Establishing police force commensurate with footfall;
• POSH Act applies to medical establishments thus ICC to be constituted;
• Helpline number to be there for emergency of medical professionals.

“The NTF shall make report on all aspects of the action plan mentioned as above and the other aspects could also be included. NTF shall also suggest appropriate timelines based on which suggestions can be implemented by the hospitals on the basis of their existing infrastructure,”

-the Court said in its order.

The NTF was directed to furnish an interim report in three weeks and a final report within two months.

Orders to States, UTs and Union

The Court also ordered all states and Union Territories through their secretaries in health departments and the Union government through secretary in Ministry of Health to collate information from all hospitals run by the States and the Central government on following aspects:

• How many security professionals are employed at each hospital;
• Whether there is baggage screening at entry;
• Number of resting rooms;
• Facilities provided in such rooms;
• Whether all areas in hospital can be accessed by CCTV;
• Training for hanging grief of patients
• If there are police outposts outside the hospital;
• If Internal Complaints Committee (ICC) as per Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 POSH is in place.

This data shall be tabulated and submitted by Central government within a month by way of an affidavit.

The Matter will be heard again on 23rd August.

Click Here to Read Previous Reports on Rape & Murder of a Doctor in Kolkata

Click Here to Read Previous Reports on CJI

FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES