Supreme Court Next Hearing on August 22 For Kolkata Rape Case | Government to Adopt Safety Protocols

In the Kolkata rape case, on August 9th, 2024, a 31-year-old postgraduate trainee doctor was brutally raped and killed at RG Kar Medical College and Hospital. Her body was discovered in a seminar hall, sparking nationwide outrage and protests. A community volunteer was taken into custody concerning the offense. The case has drawn significant attention, leading the Supreme Court of India to take suo motu cognisance, questioning the handling of the investigation by Kolkata Police and hospital authorities, and highlighting the broader safety issue for healthcare professionals across the country.

Nationwide Protests and Doctors’ Strike

The Supreme Court hearing took place amidst ongoing protests by doctors nationwide. The doctors’ strike, now in its second week, demands the arrest of the culprits by the CBI and the imposition of the maximum punishment on them. The protesting doctors also call for a central law to protect healthcare workers and institutions nationwide. The Court acknowledged the doctors’ concerns and assured them their safety was paramount.

Supreme Court Takes Suo Motu Cognisance of Kolkata Rape and Murder Case

On Tuesday, the Supreme Court of India took suo motu cognisance of the horrific rape and murder case involving a trainee doctor at Kolkata’s RG Kar Medical College and Hospital. The tragic incident has triggered widespread outrage and raised serious concerns regarding the safety of healthcare professionals, particularly women, in India. The bench, comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, expressed deep concern over the handling of the case by the Kolkata Police and the hospital authorities. The Court has ordered the Central Bureau of Investigation (CBI) to submit a detailed report on the probe’s progress by Thursday.

CJI Chandrachud Expresses Concern Over Doctor Safety

Chief Justice Chandrachud highlighted the alarming safety conditions for doctors and other healthcare workers nationwide, particularly women. He stated, “The incident has brought to light the poor safety conditions of doctors and other women workers across India.” The Court emphasized the need for immediate and robust measures to ensure the safety of medical professionals. In this regard, the Court announced the formation of a national task force (NTF) comprising doctors from various parts of the country. The task force will be responsible for making recommendations on improving safety protocols and working conditions for doctors, with a particular focus on women.

Formation of National Task Force(NTF) for Doctor Safety

The bench declared that the Supreme Court’s authority is setting up a national task force consisting of doctors from different parts of the country to make recommendations regarding modalities to be followed across India to ensure safety at the workplace. The NTF is expected to address several critical issues, including the prevention of gender-based violence, the creation of dignified working spaces for interns, and the overall safety of both resident and non-resident doctors. The task force has been requested to submit an interim report within three weeks and a final report within two months.

West Bengal’s Handling of Vandalism Under Scrutiny

The Supreme Court also demanded a report from the State of West Bengal regarding the vandalism that occurred at the RG Kar Medical College and Hospital following the incident. The Court expressed its inability to understand how the state could not manage the situation effectively. “We are unable to comprehend how the state was unable to handle vandalism at the hospital,” the bench remarked. The Court has ordered the Central Industrial Security Force (CISF) to be deployed in sufficient numbers to provide security to medical colleges and hostels in the state.

CBI to File Status Report on Probe

The bench expressed its dissatisfaction with the delay in the investigation and the filing of an FIR by the Kolkata Police. The Court has directed the CBI to file a status report on the probe by Thursday. “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,” the bench stated. The Court reiterated that the safety of doctors is of “the highest national concern” and assured the medical community that the judiciary is committed to ensuring their protection.

Systemic Issues in Doctor Safety Across India

The Supreme Court made it clear that the case is not an isolated incident but rather indicative of a broader systemic issue concerning the safety of doctors across the country. The bench emphasized that the right to safety and security in the workplace is constitutionally guaranteed under the Right to Equality clause. “Not just a matter related to a single murder case in Kolkata, but it raises systemic issues on the safety of doctors,” the bench observed. The Court stressed that the creation of safe working conditions is not only essential for women or doctors but is a fundamental requirement for all professions.

Need for National Protocol on Workplace Safety

The bench underscored the necessity of evolving a national consensus on workplace safety protocols. “We must evolve a national consensus to evolve a standard national protocol,” the Court stated. The bench expressed its concern over the lack of institutional safety norms in public hospitals and warned that the nation cannot afford to wait for another tragic incident to implement necessary changes. The Court emphasized that safety protocols must be enforced rigorously across the nation rather than being confined to paper.

Chief Justice’s Recommendations to Hospitals on Safety

The Supreme Court also provided specific recommendations to hospitals to enhance the safety of healthcare professionals. These measures include:

1. Additional security in emergency rooms.
2. Baggage screening to prevent the entry of arms into hospitals.
3. Limiting access to non-patients within hospital premises.
4. Improved crowd management by security personnel.
5. Gender-neutral restrooms and secure resting areas for doctors and nurses.
6. Installation of proper lighting and CCTV cameras throughout hospital premises.
7. Provision of transport services for medical professionals between 10 PM and 6 AM.
8. Conducting workshops on handling grief and crisis situations.
9. Quarterly audits of institutional safety measures.
10. Establishing a dedicated police force proportional to hospital footfall.
11. Compliance with the Prevention of Sexual Harassment (POSH) Act by constituting Internal Complaints Committees (ICC).
12. Setting up helpline numbers for medical emergencies involving professionals.

Future Proceedings

The Supreme Court posted the matter for further hearing on August 22nd to monitor the situation and scheduled a detailed hearing on August 27th. The Court’s suo motu cognisance of the case marks a significant step towards addressing the systemic safety issues faced by doctors in India. As the nation awaits the outcome of the investigation and the recommendations of the national task force, the Supreme Court’s observations serve as a reminder of the urgent need for reforms to ensure the safety and dignity of healthcare professionals.

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