Source: Supreme Court 

Why in News?

A bench of Chief Justice of India D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra took suo motu cognizance of an alleged rape and murder of a doctor at a Medical College Hospital in Kolkata and constituted a National Task Force (NTF) to resolve issues related to safety of medical professionals. 

• The Supreme Court gave several directions in this case named In Re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital Kolkata and related issues. 

What are the Facts of the Case? 

• On 9^th August 2024, a 31-year-old postgraduate doctor at a Medical College Hospital in Kolkata was murdered and allegedly raped inside the hospital's seminar room during a 36-hour duty shift. 
• The incident sparked nationwide protests and agitations by doctors' associations, student bodies, and civic groups. 
• On 15^th August 2024, a large mob vandalized the Emergency Ward and other departments of the Medical College Hospital. 
• The Indian Medical Association called for a nationwide withdrawal of medical services (except emergency services) for 24 hours on 17^th August 2024. 
• The incident highlighted the lack of institutional safety for doctors and other medical professionals in India, particularly women who are at higher risk of both sexual and non-sexual violence. 
• The Calcutta High Court directed the Central Bureau of Investigation (CBI) to take over the investigation on 13^th August 2024. 

What were the Court’s Observations?  

• Privacy and Dignity Concerns:  
  • The court expressed deep concern over the widespread circulation of the victim's name, photographs, and video clips showing the deceased's body in the media. 
• Equality Rights of Women: 
  • The court opined that preserving safe conditions of work is central to realizing equality of opportunity to every working professional.  
  • This is not just a matter of protecting doctors. Their safety and well-being as health providers is a matter of national interest. 
  • Court further said that the nation cannot await a rape or murder for real changes on the ground. 
• Initial Handling of the Case:  
  • The court questioned the state's handling of the case, particularly the initial attempt to pass off the incident as suicide and the delay in allowing the parents to see the body. 
  • The court raised concerns about the timing of the First Information Report (FIR) registration, which 12 occurred late at night despite the autopsy being conducted earlier in the day. 
• Hospital Security and Vandalism:  
  • The court criticized the state's inability to prevent and handle the vandalism at the hospital during the protest. 
  • The judges expressed disbelief that a mob of 7,000 people could gather without the knowledge or connivance of the police. 
• Security Measures:  
  • Due to safety concerns, the court ordered the Central Industrial Security Force (CISF) to provide security to the hospital and hostel. 
• Investigation Status:  
  • The court has directed both the CBI (regarding the main case) and the State of West Bengal (regarding the vandalism investigation) to submit status report by 22nd August 2024. 

What are the Court’s Observations on Constitution of a National Task Force? 

• The Supreme Court constituted a National Task Force (NTF) comprising medical professionals and ex-officio members to formulate recommendations addressing safety, working conditions, and well-being of medical professionals. 
• The NTF is tasked with preparing an action plan categorized under two heads:  
  • Preventing violence, including gender-based violence, against medical professionals  
  • Providing an enforceable national protocol for dignified and safe working conditions for all medical professionals 
• The court outlined specific areas for the NTF to consider, including security measures, infrastructural development, employment of social workers, training programs, and prevention of sexual violence. 
• The NTF is required to submit an interim report within three weeks and a final report within two months. 
• All state governments and the central government are directed to collect and submit data on various aspects of hospital security and facilities within one month.