Kolkata Rape-Murder Case: Top observations from SC’s suo motu cognisance hearing

The Supreme Court of India on Tuesday took suo moto congisance of the Kolkata rape and murder case of a trainee doctor from RG Kar Hospital. The bench comprised of DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra questioned the way in which the case had been handled by the Kolkata Police as well as the authorities of the RG Kar Hospital. The bench also ordered the CBI to submit a report to the bench on Thursday regarding the progress of the central agency’s probe.

The Chief Justice of India DY Chandrachud argued that the incident has brought to light the poor safety conditions of doctors and other women workers across India. He further said that a national task force, comprising of doctors from across the country, will be formed under the authority of the bench to make recommendations on improving the safety of doctors’, especially women’s, working conditions.

The matter was next listed for hearing on August 22.

Here are the top observations by the Supreme Court:

  • We are setting up under the authority of this court a national task force consisting of doctors from different parts of the country, to make recommendations in regard to modalities to be followed across India for ensuring safety at the workplace.
  • National Task Force shall look into safety and other issues and consider to prepare action plan relating to prevent gender-based violence, dignified working space for interns, resident, non-resident doctors.
  • The NTF is requested to submit an interim report within three weeks, and a final report within two months of comprising.
  • The State of West Bengal will submit a report on 22 August in relation to the vandalism that took place in the hospital premises. We are unable to comprehend how state was not able to handle vandalism at the hospital.
  • We want the CBI to file a status report on Thursday to this court – we will consider it on Thursday and see where it is proceeding.
  • Doctors’ safety is of the highest national concern, and we request doctors to trust us. The Kolkata incident affects the institution of healthcare pan-India.
  • Deeply concerned about the virtual absence of safe conditions for young doctors across the country in, especially in public hospitals.
  • Safety and security in the workplace is Constitutionally granted under the Right to Equality clause.
  • Not just a matter related to single murder case in Kolkata but it raises systemic issues on safety of doctors.
  • The issue is not for women or doctors alone, but a matter of creating safe working conditions.
  • Safety should be maintained in terms of protocol and not just on paper but enforced across nations.
  • Concerned by the name of the victim being published all over the media, photographs, and video clips before and after post mortem.
  • We must evolve a national consensus to evolve a standard national protocol.
  • Let not the power of the state of West Bengal be unleashed on peaceful protestors.
  • Lack of institutional safety norms is a matter of serious concern. Nation cannot wait for another rape for things to change on ground.

List of members of the National Task force

  • 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 dept, AIIMS

Ex officio members of the National Task Force:

  • Cabinet Secretary to govt of India
  • Home secretary to govt of India
  • secretary union health ministry
  • chairperson of national medical commission
  • president of national board of examiners

The CJI Chandrachud-led bench directed the NTF to make action plans in two regards; preventing violence, including gender-based violence on medical professionals, and establishing a binding national protocol to ensure dignified and safe working conditions for interns, residents, senior residents, doctors, and other medical professionals.
The case, officially titled “In Re: Alleged rape and murder incident of a trainee doctor in RG Kar Medical College and Hospital, Kolkata and related issue,” has drawn nationwide attention. Furthermore, the Supreme Court’s intervention is seen as significant, particularly because the Calcutta High Court has already handed over the investigation to the Central Bureau of Investigation (CBI).

The doctors’ strike over the rape and murder of the medic completed a week on Sunday and is now entering its second week, causing difficulties for patients.

The protesting doctors want the CBI to catch the culprits and for the court to impose the maximum punishment on them. They also want an assurance from the government that “no such incidents occur in the future”.

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