On August 9, 2024, a 31-year-old postgraduate doctor at RG Kar Medical College Hospital was discovered murdered and allegedly raped in a seminar room within the hospital premises. The details of the crime, which surfaced on social media, led to national outrage and widespread protests.

Investigation and Legal Proceedings:

In the wake of the incident, writ petitions were filed in the Calcutta High Court, seeking a court-monitored investigation and questioning the conduct of hospital authorities. On August 13, 2024, the High Court transferred the investigation to the Central Bureau of Investigation (CBI). The decision aimed to ensure a thorough and unbiased probe.

Public and Institutional Response:

The transfer of the case to the CBI coincided with extensive public protests and vandalism at RG Kar Medical College Hospital on August 15, 2024. In response to the perceived inadequacies in safety measures for medical professionals, the Indian Medical Association called for a 24-hour withdrawal of medical services on August 17, 2024. The State Government faced severe criticism for its failure to prevent vandalism and for the lack of adequate safety measures.

4. Background

The case reflects a disturbing pattern of violence against medical professionals, including previous incidents in West Bengal, Bihar, and Hyderabad. These incidents reveal ongoing issues within healthcare settings related to safety and violence.

Institutional Safety and Security:

The crime highlighted significant deficiencies in hospital security and infrastructure, including a lack of adequate security measures and inadequate facilities for medical professionals.

Systemic Failures:

The case exposed systemic failures in ensuring safety within medical institutions. The absence of standardized safety protocols and ineffective responses to violence and vandalism were evident.

Gender-Based Violence:

The incident underscored the heightened risk of sexual and non-sexual violence faced by female medical professionals. Historical examples of sexual violence within healthcare institutions further emphasize the need for improved protective measures.

Legislative Shortcomings:

Existing laws intended to protect healthcare professionals from violence have been inadequate in addressing systemic issues that contribute to violence and harassment.

5. Observations by the Court

Need for Systemic Reform:

The Court observed a critical need for comprehensive reforms to safeguard the safety and dignity of medical professionals. The systemic failures in institutional safety norms necessitate significant reform.

Role of National Task Force (NTF):

The Supreme Court constituted a National Task Force (NTF) led by Surgeon Vice Admiral Arti Sarin. The NTF is tasked with developing protocols and recommendations to prevent violence and ensure safe working conditions for medical professionals.

Interim Measures:

Pending the NTF’s recommendations, the Court directed the Union Ministry of Health and Family Welfare to coordinate with state governments to implement immediate safety measures. These measures include the installation of CCTV cameras, distress call systems, and improvements in hospital infrastructure.

Need for Comprehensive Solutions:

Recommendations should address preventive measures against violence and improvements in working conditions. Effective implementation will require collaboration with various stakeholders, including medical professionals and state authorities.

6. Directions Issued

Formation of National Task Force:

The NTF, chaired by Surgeon Vice Admiral Arti Sarin, is directed to submit an interim report within three weeks and a final report within two months. The NTF is to develop an action plan to prevent violence and ensure safe working conditions in medical institutions.

Data Collection:

State and Union Territory governments are required to provide detailed information regarding security personnel, infrastructure, and safety measures in hospitals.

Immediate Action:

The Court has mandated the immediate installation of CCTV cameras and distress systems in hospitals. Additionally, the NTF is to consider recommendations for addressing gender-based violence and ensuring compliance with relevant legislation, including the Sexual Harassment of Women at Workplace Act.

Consultation and Reporting:

The NTF is instructed to consult with all stakeholders and gather their suggestions through a dedicated web portal. The aim is to ensure comprehensive and effective solutions to the issues identified.

7. Legal Points

1. Suo Moto Jurisdiction: The Supreme Court exercised suo moto jurisdiction to address the systemic issues highlighted by the crime, indicating the gravity of the matter and the need for judicial intervention.

2. Transfer of Investigation: The High Court’s decision to transfer the investigation to the CBI reflects the necessity of an impartial and comprehensive inquiry into the incident.

3. Interim Measures: The Court’s directions for immediate safety measures underscore the urgency of addressing security lapses and preventing further incidents of violence.

4. Constitution of NTF: The formation of the NTF and its mandate to develop protocols for safety reform signifies a proactive approach to addressing systemic issues within the healthcare sector.

This case reflects the Supreme Court's commitment to ensuring the safety of medical professionals and addressing broader systemic issues affecting healthcare institutions.