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.
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Live Updates
- 20 Aug 2024 12:01 PM IST
National task force constituted
CJI: National task force constituted with:(1) Surgeon Vice-Admiral RK Sarian; (2) Dr Reddy, Managing Director, Asian Institute of National Gastrology; (3) Dr M Srivas, Director AIIMS, Delhi; (4) Dr Prathima Moorthy, NIMHANS, Bangalore; (5) Dr Puri, Director, AIIMs, Jodhpur; (6) Dr Ravat, Managing member of Gangaram Hospital; (7) Prof Anita Saxena, VC of Pandit BD Sharma College; (8) Dr Pallavi and (9) Dr Padma Srivastav.CJI: The following shall be the ex-officio members of the NTF: (a) the cabinet secretary to the GOI; (b) the home secretary of GOI; (c) secretary of ministry of family welfare. (d) chairperson of the National Medical commission and (e) President of the National Board of Examiners.
- 20 Aug 2024 12:00 PM IST
Existing laws don't adequately address safety standards for doctors: CJI
CJI observes that doctors lack a place to rest, no basic hygiene is maintained for them; there is a lack of security in medical healthcare units; doctors are left to handle unruly patients; only one common toilet is there for medical professionals in the hospital; professionals have to travel distances for washrooms accessibility.CJI observes that existing enactments do not adequately address the institutional safety standards for doctors and medical workers. - 20 Aug 2024 11:57 AM IST
Cannot wait for another rape for things to change on ground: CJI
CJI observes that the medical profession has become vulnerable to violence....Due to ingrained patriarchal biases, women doctors are targeted more than men.CJI: "As more and more women join the work force.....the nation cannot wait another rape for things to change on the ground." - 20 Aug 2024 11:55 AM IST
Unable to comprehend how state could not handle vandalism: CJI
CJI: "On 9 august 2024, a 31-year-old PG Doctor at RG Kar Hospital was raped and murdered....the brutality of the sexual assault have shocked the conscience, her name and pictures have been circulated violating the privacy."CJI: "Parents were permitted to see the dead body after several hours, HC transferred the investigation to CBI, on the eve of Independence Day....Large mob vandalized the hospital."CJI: "We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital."CJI: "Hospitals are open throughout day and night, doctors work round the clock." - 20 Aug 2024 11:54 AM IST
We are very concerned: CJI on state crackdown on protesters
CJI: "We are very concerned, let not the power of the state of WB be unleashed on the protestors."Sibal: "We have videos; political parties get involved and this in what happens." - 20 Aug 2024 11:43 AM IST
CJI: What was principal, hospital board doing?
CJI: "Autopsy took place between 1.45 and 4 pm."CJI: "Autopsy reveals that this is case where doctor is murdered... The FIR is registered at 11.45 pm? What was the principal, board in the hospital doing?" - 20 Aug 2024 11:42 AM IST
FIR filed 3 hours after body handed over for cremation
CJI: "At what time was the body handed over for cremation?"Counsel: "8:30 pm."CJI: "FIR filed 3 hours after the body handed over." - 20 Aug 2024 11:40 AM IST
SC seeks details of FIR
Justice Pardiwala: "Who was the first informant who filed the FIR? What was the time of the FIR?"Sibal: "First, father of deceased and then VP of the hospital."Justice Pardiwala: "Whose complaint came first?"Sibal: "Father...11.45 pm" - 20 Aug 2024 11:37 AM IST
Setting up national task force for doctors' safety: CJI
CJI: "We are setting up a national task force; we want them to give recommendations regarding the modalities to be followed across the country for the safety measures for senior and junior doctors to be followed." - 20 Aug 2024 11:36 AM IST
SC seeks status report from CBI on Thursday
CJI: "We want CBI to file a status report on Thursday. We want CBI apprise us on the status of investigation."