New Delhi, Aug 20 (UNI) The Supreme Court on Tuesday came down heavily on the conduct of West Bengal Government and the now-removed principal of R G Kar Medical College and Hospital over the lapses in handling the case of the rape and murder of a doctor in the institution on August 9. The court also ordered the constitution of a 10-member National Task Force to suggest steps for safety of doctors within two months.
A bench comprising Chief Justice of India D Y Chandrachud, Justices J B Pardiwala and Manoj Misra had on Sunday taken suo moto cognizance of the rape and murder of the doctor.
Taking up the matter on its own initiative, the Court questioned the West Bengal Government and the police over the handling of the case.
CJI also told the state to not take coercive actions against people who were participating in peaceful protests and speaking up in the media and social media.
“Let not the power of the State of West Bengal be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis,” CJI said.
The Court appealed to the doctors, who are protesting all over the country against the incident, to return to their duties.
The Court said that since it has taken up the issues relating to the doctors’ safety, the protesting medical professionals should refrain from abstention from duties.
The CJI expressed deep concerns over the fact that the name of the victim, photographs and video clips showing the dead body have been spread all over the media.
The Court also questioned the State over the conduct of the Principal, the delay in the registration of the FIR and the vandalism which took place at the hospital during a public protest on August 14.
“After the crime was detected in the early hours of the morning, the Principal of the hospital tries to pass this off as a suicide. The parents are not allowed to see the body for a few hours…” CJI said.
Senior Advocate Kapil Sibal, appearing for the State of West Bengal, refuted the charges and said that this was incorrect information, we will place on record all facts, he said.
CJI questioned why the Principal was given the charge of another hospital after he resigned from RG Kar Hospital.
Sibal said that an “Unnatural Death” case was registered immediately and claimed that there was no delay in the registration of the FIR.
The bench questioned the timing of the FIR. The autopsy was conducted between 1 pm and 4.45 pm of the day.
The body was handed over to the parents at about 8.30 pm for cremation. However, the FIR was registered only at 11.45 pm, doesn’t autopsy reveal the victim was raped and murdered?” CJI asked.
“What was the principal doing? Why first it was attempted to pass off as suicide?” CJI asked.
CJI also questioned the State over the acts of vandalism which took place at the hospital on August 14 during a “reclaim the night” protest campaign.
“Hospital is invaded by the mob! Critical facilities were damaged. What was the police doing? The first thing the police have to do is to secure the crime scene,” CJI said.
Solicitor General of India Tushar Mehta said that a mob gathering of 7,000 people won’t assemble without the knowledge and the connivance of the police.
The SG said that the root of the issue is that the West Bengal police is functioning under a DIG-in charge who himself is facing various allegations.
Sibal said that a lot of misinformation is spreading in the media regarding the case and the State was only taking action against them.
The Court asked the CBI to file a status report on the investigation by Thursday, August 22 in a sealed cover.
The Court also directed the State of West Bengal to submit a status report on the investigation into the acts of vandalism.
The Federation of Association of Medical Consultants of India (FAMCI), Delhi Medical Association etc. have filed an intervention plea in the present case raising the safety concerns for medical workers in hospitals across the country in the absence of any centralized laws.
The bench said that it is deeply concerned about the virtual absence of conditions of safety for young doctors in public hospitals, especially women doctors who are more vulnerable because of the nature of work and gender.
“Therefore, we must evolve a national consensus. There must be a national protocol to create safe conditions of work. If women cannot go to a place of work and feel safe, we are denying them equal opportunity. We have to do something right now to ensure that the conditions of safety are enforced,” CJI said.
CJI directed that a “National Task Force” comprising doctors all over the country be created to give recommendations on the modalities to be followed all over the country to ensure the safety of women.
The bench noted that several states such as Maharashtra, Kerala, and Telangana etc. have framed state laws to deal with violence against doctors.
However, these laws do not address deficiencies in institutional safety standards.
The bench observed, “As more and more women join the work force the nation cannot wait for another rape for things to change on the ground.”
The bench recorded many issues such including: Medical professionals doing night duty are not given adequate rooms to rest. There are no separate duty rooms for women and men; Interns, residents, and senior residents are made to do 36-hours duty where basic conditions of hygiene and sanitation are often absent; Lack of security personnel at hospitals is more of a norm than an exception; Medical care professionals do not have adequate toilet facilities; Places of stay for medical professionals are situated far from the hospitals and transportation facilities are not adequate; Absence or lack of properly functioning CCTV cameras to monitor the hospitals; Patients and attendees have unrestricted access to all places; Lack of screening for arms and weapons at the entrance and Ding and ill-lit places within the hospital.
The bench ordered the constitution of a ten-member National Task Force. The force will be headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy).
The NTF shall make recommendations pertaining to the safety, working conditions and well-being of the medical professionals. NTF has to furnish an interim report in three weeks and a final report within 2 months.
The body of the post-graduate trainee doctor was found in the R G Kar Hospital’s seminar room on August 9. The Kolkata Police arrested a civic volunteer the next day in this connection.
On August 13, the Calcutta High Court directed the Central Bureau of Investigation (CBI) to take over the investigation, after expressing lack of satisfaction with the Kolkata Police.
The High Court passed the order acting on petitions filed by one of the parents of the victim and certain other individuals.
