"Nation Cannot Await A Rape Or Murder For Real Changes On The Ground": SC Flags Lack Of Institutional Safety Standards In Health Care Establishments
The Supreme Court expressed concerns about lack of institutional safety norms at medical establishments against both violence and sexual violence.
This observation came during the hearing of a suo moto criminal writ petition concerning the death of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, on August 9, 2024. The Court has set up a "National Task Force (NTF)" for suggestions about the safety, working conditions and well-being of the medical professionals
The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra observed: "This is not just a matter of protecting doctors. Their safety and well-being as health providers is a matter of national interest. As more and more women join the work force in cutting edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified conditions of work. The constitutional value of equality demands nothing else and will not brook compromises on the health, well being and safety of those who provide health care to others. The nation cannot await a rape or murder for real changes on the ground."
The Court noted that patriarchal attitudes often lead to women doctors being challenged more frequently by patients' relatives and that they are also vulnerable to sexual violence from colleagues and superiors. "Sexual violence has had its origins even within the institution. There is a hierarchy within medical colleges, and the career advancement and academic degrees of young professionals can be influenced by those in power. The lack of institutional safety norms at medical establishments against both violence and sexual violence is a matter of serious concern," the Bench stated.
The Court stressed that ensuring the safety and well-being of medical professionals is crucial for the nation. "As more women join the workforce in cutting-edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified working conditions. The constitutional value of equality demands nothing less," the Court added.
Accordingly, the Court the matter for further hearing on August 22, 2024.
Recently, the Calcutta High Court had directed transfer of investigation in the case from the Police to the Central Bureau of Investigation (CBI) in the case. The Court was dealing with a batch of writ petitions filed as public interest litigations (PILs) in which the common prayer was to direct the State police authorities to immediately hand over all documents and evidence pertaining to the criminal proceedings initiated by them to CBI or any other independent investigating agency. The petitioners alleged that there were injuries over the body of the victim including the private parts and the family members and other persons firmly believe that the death occurred due to rape and murder committed by several offenders. The petitioners also stated that the Chief Minister of the State on August 10, 2024, had issued a statement stating that the State has no objection if the investigation of the alleged incident is transferred to CBI.
Earlier, the High Court had questioned the state government over the urgency to carry out renovation work near the crime scene. The Court also grilled the State on the timing of the renovation, asking why it was necessary to undertake such work immediately after the incident. The State's counsel submitted that the renovation was unrelated to the crime scene, explaining that the work was for a new restroom for doctors. The Bench ordered the State to provide a detailed reply on the various aspects of the case by August 20 and scheduled the next hearing for August 21.
Cause Title: In Re: Alleged Rape and Murder Incident of a Trainee Doctor in R.G. Kar Medical College and Hospital, Kolkata and Related Issues [SMW (Crl) No. 000002/2024]
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