Nation cannot await a rape or murder for real changes on ground: SC on Kolkata rape-murder

New Delhi: The Supreme Court expressed concern on Tuesday over the lack of workplace safety in healthcare institutions and said the country cannot wait for a rape or killing for real changes to take place on the ground. The apex court was hearing a suo-motu case related to the alleged rape and killing of a postgraduate medic at the RG Kar Medical College and Hospital in Kolkata. A three-judge bench headed by Chief Justice D Y Chandrachud said nationwide protests following the brutal incident have brought the issue of lack of institutional safety for doctors to the forefront. Medical associations have consistently raised the issue, the court observed while pointing out that medical professionals in the performance of their duties have been unfortunate targets of various forms of violence. "The constitutional value of equality demands nothing else and will not brook compromises on the health, well-being and safety of those who provide healthcare to others. The nation cannot await a rape or murder for real changes on the ground," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

The court said hospitals and other healthcare facilities are open round the clock and unrestricted access to anyone to every part of such institutions has made healthcare professionals susceptible to violence. "Relatives of patients in anguish are quick to attribute untoward results to the negligence of medical professionals. Such allegations are immediately followed by violence against medical professionals," it said. Referring to several incidents of violence against medical professionals, the court said these are portents of a systemic failure to protect doctors, nurses and para-medical staff in the confines of hospitals. "With a few or no protective systems to ensure their safety, medical professionals have become vulnerable to violence. With the involvement of systemic issues for healthcare across the nation, this court has had to intervene," it said. The court said women are at particular risk of sexual and non-sexual violence in these settings. Due to ingrained patriarchal attitudes and biases, relatives of patients are more likely to challenge women medical professionals, it added.

"In addition to this, female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors and persons in authority. Sexual violence has had its origins even within the institution, the case of Aruna Shanbag being a case in point. "There is a hierarchy within medical colleges and the career advancement and academic degrees of young professionals are capable of being affected by those in the upper echelons. The lack of institutional safety norms at medical establishments against both violence and sexual violence against medical professionals is a matter of serious concern," the bench said. The top court said while gender violence is the source of the more malevolent manifestations of the structural deficiencies in public health institutions, the lack of safety is of concern to all medical professionals. "Preserving safe conditions of work is central to realising equality of opportunity to every working professional. This is not just a matter of protecting doctors. Their safety and well-being as health providers is a matter of national interest. "As more and more women join the workforce in cutting-edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified conditions of work. The constitutional value of equality demands nothing else and will not brook compromises on the health, well-being and safety of those who provide healthcare to others. The nation cannot await a rape or murder for real changes on the ground," the bench said. It said several states have enacted laws to protect healthcare service professionals from violence and damage to property and all these enactments prohibit any act of violence against medical professionals. "The offence is non-bailable and punishable with three years of imprisonment. However, these enactments do not address the institutional and systemic causes that underlie the problem. An enhanced punishment without improving institutional safety standards falls short of addressing the problem effectively," the bench said. The court said a national consensus must be evolved -- after due consultation with all stakeholders -- on the urgent need to formulate protocols governing the issues and formed a 10-member National Task Force (NTF) to come up with a protocol for ensuring the safety and facilities of doctors.

Please trust us, resume work: SC to doctors protesting over Kolkata doctor's rape-murder

"Please trust us," the Supreme Court said on Tuesday while requesting the doctors protesting across the country over a Kolkata doctor's alleged rape and killing to call off the strike and resume work. The court said abstention from the work of doctors affects those segments of the society that are in need of medical care. "We earnestly appeal to all the doctors that we are here to ensure that their safety and protection is the matter of highest national concern. Please trust us, that is why we have not left the matter to the high court. "We felt this is not just a matter of a serious offence but which affects the institution of healthcare pan India. Therefore the need for the Supreme Court to take up the matter," a three-judge bench headed by Chief Justice D Y Chandrachud said. The apex court was hearing a suo-motu case related to the alleged rape and killing of a postgraduate trainee doctor at the R G Kar Medical College and Hospital in Kolkata amid nationwide protests over the incident. The Federation of Resident Doctors' Association welcomed the apex court's intervention in the Kolkata incident, saying it would serve the interests of the medical fraternity.

"Since this court is seized of the matter pertaining to the safety and well-being of all medical professionals at workplaces, we would request all the doctors abstaining from work across the country to resume work at the earliest. "The abstention from the work of doctors affects segments of the society who need medical care the most. The doctors and medical professional shall stand assured that their concerns are receiving the highest concern from the highest court from a diverse range of counsels," the bench said.

Delhi's RML Hospital ends strike; doctors' body welcomes SC intervention

The central government-run RML Hospital on Tuesday called off its nine-day strike it had been observing in protest against the alleged rape and murder of a Kolkata medic, even as other resident doctors' bodies hailed the Supreme Court's intervention in the case. The RML RDA said it called off the strike after the Centre's acceptance of all demands put forward by their peers from across India. "The Ministry of Health and the Medical Superintendent's office have assured that all necessary permissions for enhanced security measures at medical institutions have been obtained, with a 45-day timeline set for implementation. "The ministry also pledged to tighten security across all central government hospitals and issue advisories to state governments," Ram Manohar Lohia Resident Doctors' association said in a statement. The doctors said though they have agreed to suspend their strike, they will continue to advocate for justice in the R G Kar case.

The doctors will resume duties from 4 pm and there will be no deduction of salary during the strike period. The Supreme Court on Tuesday constituted a 10-member task force to formulate a national protocol to ensure safety and facilities for doctors in the wake of the rape and murder of a medic in Kolkata. The task force will submit its interim report within three weeks and the final report within two months. Earlier in the day, doctors at the RML raised hailed the SC with slogans like 'Supreme Court Zindabad'. Federation of Resident Doctors' Association said, "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." 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," it said. Tuesday marked the ninth day of the strike by doctors, who in the wake of the Kolkata murder have been demanding a central law on the safety of medics working at hospitals. The striking doctors are demanding a fast and transparent investigation by the CBI into the murder and the formation of a Central Protection Act.

SC raps West Bengal govt, questions delay in filing of FIR

Terming the rape and murder case of a medic at Kolkata's RG Kar Medical College and Hospital as horrific, the Supreme Court on Tuesday came down heavily on the West Bengal government over the delay in filing FIR in the matter. Taking suo motu cognisance of the case, the top court said this incident raises systematic issues regarding the safety of doctors across India. A bench headed by Chief Justice DY Chandrachud, which had taken cognisance of the incident, said if women are not able to go to work and working conditions are not safe, we are denying them equality.

The top court slammed the West Bengal government over the delay in filing an FIR in the rape-murder case and asked what were hospital authorities doing. "It appears crime was detected in early hours, medical college principal tried to pass it off as suicide," the bench comprising justices JB Pardiwala and Manoj Misra observed. The bench rapped the Kolkata Police and asked how a mob of thousands entered the RG Kar Medical College. When the conduct of the R G Kar Hospital's principal was under scrutiny, how was he appointed to another college immediately, it asked.

The top court said the power of the West Bengal government should not be unleashed on protestors as it was a time of national catharsis. The apex court said most young doctors are putting in 36 hours of work and there was a need to evolve national protocol to ensure safe conditions at the workplace. Solicitor General Tushar Mehta said West Bengal should not be in denial mode and there was a complete failure of law and order in the state. He said a mob of 7,000 people cannot enter the hospital without the knowledge of the Kolkata Police. The suo motu cognisance of the case, titled "In Re: Alleged rape and murder incident of a trainee doctor in RG Kar Medical College and Hospital, Kolkata and related issue", assumes significance in view of the fact that Calcutta High Court is already in action and has transferred the probe into the case 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 assurance from the government that "no such incidents occur in the future". The alleged rape and murder of the junior doctor in a seminar hall of the state-run hospital has sparked nationwide protests. The medic's body with severe injury marks was found inside the seminar hall of the hospital's chest department on August 9. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.

On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14. The high court ordered the transfer of the probe to the CBI while hearing petitions, including one moved by the victim's parents praying for a court-monitored probe.