Power Of West Bengal Should Not Be Unleashed On People Who Are Protesting Peacefully: SC Says As It Sets Up National Task Force For Safety & Well-Being Of Medical Professionals
The Supreme Court has set up a "National Task Force (NTF)" for suggestions about the safety, working conditions and well-being of the medical professionals, as it took suo motu cognizance of the rape and murder case of a postgraduate medic at the RG Kar Medical College and Hospital in Kolkata, stating that it raises a systemic issue regarding the safety of doctor across India.
The incident took place on August 9, 2024, at R.G. Kar Medical College & Hospital, wherein a postgraduate trainee doctor, who was on duty was found dead inside the hospital premises, reportedly in half-naked condition.
During the hearing, the Bench headed by Chief Justice DY Chandrachud remarked, "Let the power of West Bengal not unleash on the people who are protesting peacefully."
"We expect that the government of West Bengal shall observe necessary restraint in the face of peaceful protests being conducted by...bearing with the issues which fall under the subject matter of the incident which took place in Kolkata. The State shall ensure that the power of the State is not unleashed either against persons who are in legitimate means to express their opinions or to participate," the CJI said.
To this concern, Senior Advocate Kapil Sibal, appearing for the State of West Bengal, submitted, "Yes, yes."
The Bench also comprising of Justice JB Pardiwala, and Justice Manoj Misra, expressed concerns over the fact that names and graphic images of the deceased have been circulated all over social media.
At the outset, the CJI said, "The reason why we have taken (suo moto cognizance) is that it is not just a matter relating to a particular rape issue in hospital, but it raises systematic issues of safety of doctors across India."
The CJI told Sibal, "We know, they are all intern, resident doctors and most importantly woman doctors, most of the young doctors are putting in 36 hours ....we must evolve a national protocol to ensure safe conditions of work are provided...Ultimately, it is not that every time there is a murder or a rape, the conscience of the country gets waken up."
The Court expressed concerns about the fact that the images and name of the deceased had been circulated all over social media, and the photographs and videos were all over the media. "This is extremely concerning," the CJI said.
Sibal agreed with the Court and said, "It is extremely painful, Indeed." He informed the Court that before the Police reached the place, photographs of her were taken and circulation was done.
The CJI asked Sibal, "The incident took place early in the morning and the Principal of the College, said that it was a case of suicide. The parents were not allowed to see the body."
"We got an unnatural death case registered, immediately. That is an FIR. The FIR was registered at 12:30 pm," Sibal submitted.
The Court asked whether the FIR was registered for Murder. "What was the Prinicipal doing after the incident took place? Why did he not file a complaint?"
Solicitor General (SG) Tushar Mehta, appearing for the Central Bureau of Investigation (CBI) submitted, "7,000 people cannot be inside the hospital, without the involvement of the police."
The Court said, "We want CBI to file a status report to us on Thursday...we will consider it on Thursday morning. Today, we are passing an order. We are setting a National Task Force for modalities to be followed for well-being of medical professionals."
Justice Pardiwala asked, "Who is the first informant of the FIR? When was it made?"
Sibal told the Court, it was the father of the deceased and then the vice-principal of the College.
Justice Pardiwala said, "What time was the Complaint registered?"
"11:45 at night," Sibal responded.
The CJI said, "The Body was given to the parents at 8:30 pm and the complaint was filed thereafter at 11:45 pm?"
SG Mehta submitted, "Today we are dealing with the death of a young doctor, who was not just raped by a pervert, he was a monster, the way the body has been dealt with. I request the State to not be in denial mode...It is complete failure of law and order, when the 7,000 people entered the hospital in the midnight..."
The Court asked Sibal, "What do you propose to do with the Principal?"
Sibal responded, "Whatever the court feels right."
The CJI told Sibal, "Let the power of West Bengal not be unleashed on the people who are protesting peacefully. People who are talking to media."
The Court said, "We are unable to comprehend how the State was prepared to deal with the vandalism at the hospital...hospitals are open throughout day and night, doctors work round the clock...Medical professionals have been vulnerable to violence, due to ingrained patriarchal biases, the women doctors are targeted more."
Further, the Court said, "The lack of safety is a concern to all medical professionals." It noted that existing enactments do not address adequately the institutional safety standards for doctors and medical workers.
The Court said that a national consensus must be evolved with consultation with stakeholders and accordingly, set up a National Task Force (NTF) comprising of ten doctors from parts of the country.
1. Surgeon, Vice Admiral Dr. RK Sarian
2. Dr. Reddy , Mangaing Director, Asian Institute of National Gastrology
3. Dr. M Srivas, Director, AIIMS, Delhi
4. Dr. Prathima Moorthy, NIMHANS, Bangalore
5. Dr. Puri, Director, AIIMs, Jodhpur
6. Dr. Saumitra Rawat, Managing member of Gangaram Hospital
7. Prof Anita Saxena, VC of Pandit BD Sharma College
8. Dr. Pallavi
9. Dr. Padma Srivastav
"The following shall be the ex-officio members of the NTF : (a) the cabinet secretary to the GOI; (b) the home secretary of GOI; (c) secretary of Ministry of Family Welfare; (d) Chairperson of the National Medical Commission; and (e) President of the National Board of Examiners," the Court added.
The Bench directed the NTF to submit an interim report in three weeks and a final report in three months. The Court directed that the NTF shall make action plans on two heads: (1) preventing violence including gender-based violence against medical professionals; (2) providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors etc. In a detailed order, the Court asked the NTF's status report to consist of a list of pointers.
"The CBI shall submit its report by August 22, 2024...the State of West Bengal should also submit a report on the vandalism aspect," the Court directed.
The Court also requested all the doctors who are refraining from work all over the country to resume work at the earliest. The Bench assured the doctors of the country that their concerns are being dealt with by the highest court of the land.
Senior Advocate Aprajita Singh, appearing for the Association of Doctors of West Bengal, told the Court that only 30–40 doctors are left, out of 700 resident doctors.
The Court noted that on August 15, midnight, acts of vandalism took place at the RG Kar Medical College & Hospital; thereafter, most of the doctors left the hostel. "It is essential to create safe conditions for doctors to return to their duties", the CJI said.
Further, the Court directed the CISF in sufficient numbers to guard the facilities of RG Kar Medical College & Hospital and the hostel. Accordingly, the Court scheduled the matter for further hearing on August 22.
Last week, Advocate Ujjawal Gaur, a member of the Supreme Court Bar Association, had written a letter to the Chief Justice of India seeking immediate intervention in the rape and murder case of a young doctor at RG Kar Medical College & Hospital, Kolkata. In the letter addressed to Chief Justice DY Chandrachud, the Advocate requested the Court to take suo moto cognizance in the matter and stated, "I plead Your Lordship to take Suo moto cognizance of this case, for it is the need of the hour that the highest court of the land intervenes with the urgency and gravity that this situation demands. The nation looks to the judiciary as the ultimate guardian of justice, the last refuge for those whose cries have been silenced by brutality. The victim in this case, a young doctor whose life was dedicated to serving others, deserves nothing less than the full measure of justice that our legal system can provide. Her death must not be in vain, it must galvanize us to act, to ensure that no other woman suffers such a fate."
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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