Kolkata rape-murder case: Supreme Court concerned about the safety of doctors, asks 9 questions to the central government

New Delhi: Taking cognizance of the rape and murder case of a doctor in a Kolkata hospital, the Supreme Court has expressed serious concern about the safety of doctors and medical staff across the country. During the hearing, the bench headed by Chief Justice DY Chandrachud said that the issue is not just about the Kolkata case but is related to the safety of doctors and medical staff across the country. We cannot wait for a new incident again. The Supreme Court has decided to examine other matters including the safety of doctors across the country. The Supreme Court has formed a National Task Force and has also asked the CBI to submit a status report related to the investigation of the case on Thursday. The Supreme Court has decided to look into many issues in the case systematically and has fixed August 23 for the next hearing.

This issue is not just limited to Kolkata.

A bench headed by Chief Justice of the Supreme Court DY Chandrachud took cognizance of the case after the rape and murder of a doctor of RG Kar Hospital in Kolkata and during the hearing on Tuesday said that we have decided to take cognizance of the case because this matter is not limited to Kolkata only. This matter is a systematic issue and is related to the safety of doctors and medical professionals across the country. The apex court said that we are concerned about the safety of doctors across the country and especially women doctors and staff. All this is a situation of greater danger due to the nature of the job and gender. In such a situation, we need a national protocol so that safe conditions can be created. If women are not given safe conditions to work and they do not feel safe, then it will be a violation of their right to equality and rights to provide equal opportunity. We have to take steps now to ensure safety.

National Task Force was formed

The Supreme Court said that we will form a National Task Force and it will have doctors from across the country who will make recommendations on what should be done to ensure the safety of medical professionals and women doctors across the country. The Supreme Court said that states like Maharashtra, Kerala, Telangana etc. have made laws to prevent violence against doctors but this law is not enough to ensure the safety of doctors in the institution. The Supreme Court said in its comment that if more and more women go to work, then the country cannot wait for another rape incident that the ground situation will change.

What are the main issues raised by the Supreme Court…

• Medical professionals work day and night but there are not enough rooms for them to rest. There are no separate rooms for male and female staff and doctors where they can rest.
• Interns, resident doctors and senior residents work for 36 hours a day and often do not even have basic hygiene conditions and sanitation.
• The hospital does not have the security arrangements it should have.
• Medical care professionals do not even have adequate access to toilet facilities.
• Medical professionals reside far away from the hospital and transportation facilities are also not adequate.
• CCTV is also not working properly for monitoring in hospitals.
• Patients and their attendants move around everywhere in the hospital without any restriction.
• Proper screening to check people carrying weapons is also not available in many hospitals.

Formation of National Task Force

The Supreme Court has constituted a National Task Force to ensure safety measures in the matter. The task force will be headed by Vice Admiral Aarti Sareen, Director General Medical Service Navy. A total of 10 members have been appointed in it. The National Task Force will present recommendations for the safety, working conditions and betterment of medical professionals. The NTF will submit an interim report in three weeks and the final report will have to be submitted in two months.

Supreme Court raised many questions regarding the safety of the doctor

• Safety of doctors and staff in the hospital is not adequate
• Delay in FIR in the present case
• Why did you try to commit suicide in the beginning?
• Why is there a delay in reuniting the parents with the victim?
• Why FIR lodged hours after handing over the dead body?
• Why CCTV is not working in hospitals
• Not providing security to women doctors is like depriving them of their constitutional rights
• Is there a police post outside the hospital?
• Are there internal committees to resolve problems?

The Supreme Court asked several questions to the West Bengal government during the hearing

The Supreme Court questioned the state government about the conduct of the hospital principal and also about the delay in filing the case and the way the hospital was vandalised and the crime scene was affected. The Supreme Court has also expressed serious concern about the fact that the name, photograph and video clip of the victim and the dead body were shown in the media. The Chief Justice said that this is a matter of grave concern. During this, senior advocate Kapil Sibal, appearing on behalf of the West Bengal government, said that the photographs were taken and circulated even before the police reached the spot. The Chief Justice said that when the information about the crime was received in the morning itself, the hospital principal tried to call this incident a suicide. Even the parents had to wait for a few hours to see the victim’s body. Sibal even said that such information has been spread incorrectly. The state government will present the correct facts on record.

The Chief Justice questioned that when the principal resigned from KG Kar Hospital, how was he/she given charge in some other hospital? The bench also questioned the timing of filing the case. Sibal said that a case was immediately registered regarding unnatural death. There was no delay in filing the FIR. The Chief Justice then questioned that the autopsy went on from 1 pm to 4:45 pm on the same day. The dead body was given to the parents at 8:30 pm and the case was registered at 11:45 pm. The Chief Justice said that the case was registered at 11:45 pm? Who was the complainant? Sibal said that the case was registered on the complaint of the parents. The Chief Justice said that was there no one in the hospital who could have got the case registered. The doctor was in the hospital and it is the responsibility of the hospital authority.

What was the hospital authority doing? Was there no mention of rape and murder in the autopsy report? What was the principal doing? Why was an attempt made to call it a suicide? The Supreme Court also raised questions about the vandalism that took place in the hospital on August 14. Critical facilities were damaged there. What was the police doing? The first thing that is important for the police is to protect the crime scene. Solicitor General of India Tushar Mehta said that 7000 people gathered there and the police was not aware of it. he/she said that the police chief under whom the West Bengal police is working is himself surrounded by allegations. Kapil Sibal objected to this. The Chief Justice has asked the state government to submit a status report on the investigation into the vandalism incident. The CBI has been asked to submit the status report related to the investigation by August 22. The Supreme Court has fixed August 23 as the date for the next hearing.