New Delhi- The Supreme Court, hearing the Kolkata rape-murder incident on Tuesday, said the nation cannot wait for another rape for changes on the ground. The DY Chandrachud-led bench also expressed strong dissatisfaction with the West Bengal government and the authorities at the hospital over the delay in filing the FIR and other procedural lapses in handling the case.
“Medical professions have become vulnerable to violence. Due to ingrained patriarchal biases, women doctors are targeted more. As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground,” CJI Chandrachud noted.
During the hearing, Chief Justice of India DY Chandrachud raised several pressing questions regarding the actions of the hospital’s administration and the local police.
“Why was FIR registered three hours after the body was handed over for cremation,” the Supreme Court bench asked.
‘What Was Principal Doing?’
The Supreme Court, on its own, took up the investigation into the brutal rape and murder of a 31-year-old post-graduate trainee doctor at Kolkata’s RG Kar Medical College and Hospital on August 9. The incident has triggered widespread protests across the country and raised questions over women’s safety, particularly in medical colleges.
The three-judge bench is led by CJI Chandrachud and comprises Justices JB Pardiwala and Manoj Misra.
“What was the principal doing? FIR was not filed; the body was handed late to the parents. What is the police doing? A serious offence has taken place, the crime scene is in a hospital… What are they doing? Allowing vandals to enter the hospital?” CJI Chandrachud asked.
Sandip Ghosh, who resigned as the principal of RG Kar Medical College just two days after the incident, has been under scrutiny by the CBI and questioned for nearly 53 hours over the past four days regarding his actions following the doctor’s death.
In response to the bench’s questions, Kapil Sibal, representing the West Bengal government, countered that people at the hospital had taken photos, a case of unnatural death was immediately started, and a board was set up with a judicial magistrate present. However, CJI Chandrachud said that it was the hospital’s duty to file the FIR, especially in the absence of the victim’s parents.
Justice Pardiwala questioned the timeline of the FIR, asking, “Who is the first informant who filed the FIR? What is the time of the FIR?” Mr Sibal responded that the first informant was the father of the victim, who filed the FIR at 11:45 pm, followed by the Vice Principal of the hospital.
The CJI Chandrachud questioned the time at which the victim’s body was handed over for cremation, which was reportedly at 8:30 pm, and pointed out that the FIR was filed three hours later. The autopsy, conducted between 1:45 pm and 4:00 pm, revealed that the doctor had been murdered, yet the FIR was registered much later. “What was the principal, and the hospital board, doing during this time?” asked CJI Chandrachud. “It appears crime was detected in the morning. The hospital’s principal tried to pass it off as suicide and the parents were not allowed to see the body. No FIR was filed.”
“That is not correct,” countered Mr Sibal. “FIR registered immediately, and the inquest shows it is a case of murder.”
The Chief Justice also noted that after the principal’s resignation, he was reassigned as principal in another college.
The Calcutta High Court instructed the West Bengal Health Department not to appoint Mr Ghosh to any other medical college until further notice. This order followed his brief and contentious appointment as the principal of Calcutta National Medical College and Hospital, which was met with protests from students and junior doctors.
National Task Force
Additionally, the Supreme Court has set up a national task force (NTF) comprising top doctors who will submit recommendations to ensure the safety of doctors. The NTF has been asked to submit an interim report within three weeks and a final report within two months.
The task force will comprise Surgeon Vice Admiral R Sarin, Dr D Nageshwar Reddy, Dr M Shreenivas, Dr Pratima Murty, Dr Goverdhan Dutt Puri, Dr Saumitra Rawat, Prof Anita Saxena, Head Cardiology, AIIMS Delhi, Prof Pallavi Sapre, Dean Grant Medical College Mumbai, Dr Padma Srivastava, Neurology department, AIIMS.
The matter has been next listed for hearing on August 22.
10-member NTF
Observing that the safety and well-being of doctors is a matter of national interest, the Supreme Court on Tuesday constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring their safety and security in the wake of the rape and murder of a trainee doctor in Kolkata.
The task force will submit its interim report within three weeks and the final report within two months, the court said.
A bench headed by Chief Justice D Y Chandrachud said a lack of institutional safety norms at medical establishments against both violence and sexual violence against medical professionals is a matter of serious concern.
It said there are legislations to protect medical professionals but they do not address the systemic issues.
The 10 members of the task force are — Vice Admiral Arti Sarin, Director General, Medical Services (Navy), Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad, Dr M Srinivas, Director of Delhi-AIIMS, Dr Pratima Murthy, 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.
The other members are — Professor Anita Saxena, Vice-Chancellor, Pandit B D Sharma Medical University, Rohtak, former Dean of Academics, Chief Cardio thoracic Centre and Head Cardiology Department AIIMS, Delhi, Dr Pallavi Saple, Dean, Grant Medical College and Sir JJ Group of Hospitals, Mumbai, and Dr Padma Srivastava, formerly Professor at the Department of Neurology, AIIMS Delhi.
The bench said the cabinet secretary and the home secretary to the Union government, secretary, Ministry of Health, chairperson, National Medical Commission and president, National Board of Examinations shall be the ex-officio members of the task force.
The apex court asked the NTF to formulate an action plan under two sub-heads –Preventing violence, including gender-based violence against medical professionals; and providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, nurses and all medical professionals.
“The NTF shall be at liberty to make recommendations on all aspects of the action-plan highlighted above and any other aspects which the members seek to cover. They are at liberty to make additional suggestions, where appropriate.
“The NTF shall also suggest appropriate timelines by which the recommendations could be implemented based on the existing facilities in Hospitals. The NTF is requested to consult all stake-holders,” the bench said.
The Ministry of Health and Family Welfare will provide all logistical support including making arrangements for travel, stay and secretarial assistance and bear the expenses of the members of the NTF, it said.
“All State Governments and UT Governments, through their Secretaries, in the Ministries of Health and Family Welfare and the Central Government, through the Secretary, Union Ministry of Health and Family Welfare must collate information from all hospitals run by the State and the Central Government, respectively on how many security personnel are employed at each Hospital and each department;
“Whether there is a baggage and person screening mechanism in place at the entrance of the medical establishment. The total number of resting/duty rooms in the Hospital and specific details of the number in each Department. The facilities provided in the resting/duty rooms,” the bench said.
The data as submitted shall be tabulated and filed with an affidavit by the Union Government within one month of this order, it said.
The apex court was hearing a suo motu case related to the rape and murder of a postgraduate trainee doctor at the RG Kar Medical College and Hospital in Kolkata amid nationwide protests over it.
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