LIVE | Kolkata horror: SC forms task force for doctors’ safety; medics to continue stir
Top court forms task force to make recommendations pertaining to safety, working conditions, and wellbeing of medical professionals; urges protesting doctors to resume work
Amid spiralling nation-wide protests over the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital, the Supreme Court on Tuesday (August 20) ordered the formation of a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other health care professionals.
Treat protesters with sensitivity: SC tells govt
Terming the incident as "horrific", the apex court excoriated the state government over the delay in filing the FIR and allowing thousands of miscreants to vandalise the state-run facility.
It also asked the West Bengal government to not unleash the "power of the State" on peaceful protesters and to deal with them with "great sensitivity in this moment of national catharsis".
The 10-member task force headed by Vice Admiral Arti Sarin has been asked to submit its interim report within three weeks.
CBI asked to submit status report
The Supreme Court, which directed the Central Bureau of Investigation (CBI) to submit a status report on the progress made in its investigation into the killing, also asked the state government to submit a report on the action it has taken against the vandals.
The court also expressed its deep concern over the name of the victim, her photographs and video clips showing her lifeless body having been splashed all over the media.
Taking a serious note of mob violence in the hospital and the allegation that the Kolkata police fled the scene, the top court ordered deployment of Central Industrial Security Force (CISF) at the hospital to enable doctors to resume work.
SC raps state govt, college
"In the aftermath of the brutal incident and the demonstrations which followed, the state government was expected to ensure the deployment of the state machinery to prevent a breach of law and order.
"It was all the more necessary to do so since investigation of the crime which took place in the precincts of the hospital was under way. We are unable to comprehend how the State was not prepared to deal with the incident of vandalisation of the premises of the hospital," the top court said.
The bench headed by Chief Justice DY Chandrachud criticised the ex-principal of RG Kar Medical College Dr Sandip Ghosh for trying to pass off the case as that of suicide and not letting the parents of the deceased to see her body for several hours.
"What was the principal doing? Why was this inaction to first pass this as suicide and not registering an FIR. Body is handed to the parents for cremation late in the night. On the next day, the doctors are on protest and a mob assembles at the hospital.
Incident raises systemic issues on safety of docs: SC
"The hospital is invaded and critical facilities are damaged. What was the police doing? A serious offence has taken place and the crime scene is within the hospital. The police should have protected the crime scene. How can the police allow vandals to enter the hospital. After the principal resigned, he is sent to another hospital. When his conduct was under scrutiny, how was he appointed to another college immediately," the bench, also comprising justices JB Pardiwala and Manoj Misra, observed.
The bench said what has taken place in Kolkata is not just a horrific murder but an incident which has raised systemic issues about the safety of doctors.
"We are deeply concerned that there is a virtual absence of safe work conditions across the country, particularly in public hospitals. Most of the young doctors have to put in 36 hours of work.
"We find that there are no duty rooms available, or separate restrooms for men and women doctors and nursing staff. We must evolve a national consensus that there must be a national standard protocol so that safe work conditions are provided," the bench said.
If women cannot go to their place of work safely, then we are denying them equality, the apex court said.
State’s defence
Senior advocate Kapil Sibal, appearing for the West Bengal government, refuted the observations and submitted that Kolkata police took all necessary action. He said he will place on record all the facts.
"Photos and videos were circulated before the police reached the crime scene. We didn't allow anything to happen and cordoned off the area. Inquest was done and a case of unnatural death was registered immediately. We caught the culprit who was a civic worker. This is not adversarial litigation," Sibal told the court.
Solicitor General Tushar Mehta said a mob of 7,000 people could not have assembled at the hospital without the knowledge and consent of the police.
"Let West Bengal government not be in denial mode, there is complete failure of law and order in the state. A girl has lost her life due to a sexual pervert and an animal," Mehta said.
Sibal said over 50 FIRs have been registered following the vandalism incident and 37 people have already been arrested.
The top court asked the West Bengal government to not take coercive action against people holding peaceful protests and speaking up on social media.
Follow live updates here
Live Updates
- 20 Aug 2024 2:13 PM IST
#WATCH | Delhi: On Supreme Court taking suo motu cognizance of the rape and murder of a doctor in RG Kar Hospital in Kolkata, Advocate Satyam Singh says, "First of all the Supreme Court has asked for the CBI report and meanwhile it has ordered to constitute a National Task Force… pic.twitter.com/kmN2fNOFaA
— ANI (@ANI) August 20, 2024 - 20 Aug 2024 1:53 PM IST
Doctors' body welcomes SC intervention in Kolkata medic murder case
The Federation of Resident Doctors' Association on Tuesday welcomed the Supreme Court's intervention into the rape and murder of Kolkata medic, saying it will serve the interests of the medical fraternity.
At Ram Manohar Lohia Hospital, doctors' raised slogans like 'Supreme Court zindabad'.
"We welcome the exhaustive session by the Hon'ble Supreme Court and trust their intervention in the larger interest of our fraternity. We will consult with all our stakeholders before making a decision," FORDA said in a statement.
A FORDA member told PTI that the body would hold a meeting with all stakeholders before making a decision on strike.
Federation of All India Medical Association, or FAIMA, another doctors' body, said it will also conduct a meeting soon.
"We will update soon. The decision will be made after considering every state RDA's input and will be based on the majority's decision," FAIMA said.
- 20 Aug 2024 1:27 PM IST
SC asks CISF to beef up security at RG Kar hospital
The Supreme Court has asked the CISF to provide enhanced security at RG Kar Medical College and Hospital.
The campus recently witnessed vandalism by unidentified miscreants amid protests staged by medics.
- 20 Aug 2024 1:18 PM IST
Bengal governor meets President Murmu
Governor CV Ananda Bose met President Droupadi Murmu at the Rashtrapati Bhavan on Tuesday.
"Governor of West Bengal Dr C V Ananda Bose called on President Droupadi Murmu at Rashtrapati Bhavan," the President's office said in a post on X and shared a picture of the meeting.
- 20 Aug 2024 1:17 PM IST
Bengal in state of flux, people lost faith in present govt: Governor
Terming the alleged rape and murder of a woman doctor in a Kolkata hospital as the "most shameful moment" for society, Governor C V Ananda Bose claimed that West Bengal is in a "state of flux" and the people have "lost faith in the present government".
Referring to a recent rally organised by Chief Minister Mamata Banerjee to demand justice for the deceased trainee doctor, Bose questioned her stance and alleged that her statements were merely rhetorical.
In an interview with PTI, Bose said, "Bengal is in a state of flux. Students have lost faith in the government, youths are scared and women are in a state of despair. There is a feeling that the government, which is supposed to protect the citizens, is not doing its role."
"Students have lost faith in the police. There is also a growing feeling of disenchantment among the youth, particularly women doctors and paramedics. As far as citizens are concerned, they are all aggrieved that the government does not act when action is called for," he said.
He also alleged that Kolkata Police is "criminalised and politicised" and expressed concern over a "perceived disconnect between the government's actions and the needs of its citizens".
- 20 Aug 2024 12:38 PM IST
Next hearing on Thursday after reports from CBI, state
CJI: CBI shall submit its report by August 22; the state of West Bengal shall also file status report by August 22 on the progress of the investigation, acts of vandalism which took place in the hospital in the aftermath of the incident.CJI lists matter for hearing again on August 22 (Thursday).
- 20 Aug 2024 12:09 PM IST
What national task force will do
CJI: The NTF shall make recommendations pertaining to safety, working conditions and well being of the medical professionals and other cognate matters highlighted in the above order.SC directs that the NTF shall make actions plans on two heads: (1) preventing violence including gender based violence against medical professionals; (2) providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, etc.
(1) A. Preventing violence including gender based violence against medical professionals - (a) ensuring safety in the hospital; (b) infrastructural development; (C) employment of social welfare workers trained in grief and crisis counselling; (d) workshops on handling grief and crisis.
(1) B. Prevention of sexual violence against medical professionals : (a) Prevention Sexual Harassment Against Women At Workplace Act applies to hospitals and nursing homes, including private healthcare providers
As per the Act, (a) an internal complaints committee must at all hospitals; (b) duties of employer under POSH Act has to be followed and discharged; (c) there shall be helpline number for medical professionals.
NTF is entitled to make additional suggestions wherever appropriate. The NTF shall also suggest the appropriate timelines by which the recommendations are to be implemented based on facilities in the hospitals.
CJI clarified that phrase 'medical professionals' includes doctors, students undergoing internship, residents doctors and senior resident doctors as well as nurses.
NTF is entitled to make additional suggestions wherever appropriate. The NTF shall also suggest the appropriate timelines by which the recommendations are to be implemented based on facilities in the hospitals
NTF is required to consult all stakeholders bearing in mind the urgency and gravity of the situation.
NTF is required to submit an interim report within 3 weeks and a final report in 2 months from the date of this order.
All states are to collect data from hospitals on the following : (1) number security personnel employed at each hospital; (2) total resting rooms etc in the hospital; (3) information of whether all areas of hospital are accessible to the general public.