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Synopsis

Amid the ongoing protests over the alleged rape and murder of a Kolkata doctor, the Supreme Court on Tuesday, in a suo moto matter, voiced profound concerns over the absence of adequate safety conditions for doctors and medical professionals across the nation.

The top court's order came in the aftermath of the Calcutta High Court's decision to transfer the case to the CBI, due to alleged evidence tampering and lack of progress in the investigation.

A Division bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Manoj Misra remarked that there must be a national protocol to create safe conditions of work. “If women cannot go to a place of work and feel safe, we are denying them equal opportunity. We have to do something right now to ensure that the conditions of safety are enforced,” the bench said.

The bench while conveying deep distress over the widespread circulation of the victim's name, photographs, and videos in the media highlighted systemic concerns regarding the safety of doctors all over India. 

In its order, the court highlighted the urgent issue of lack institutional safety for doctors and medical professionals. Medical associations have repeatedly raised concerns about inadequate safety measures in healthcare settings. Unfortunately, medical professionals often encounter various forms of violence while carrying out their duties, court said.

There has been an increase in the number of incidents of violence against medical professionals, which exhibits a systemic failure to protect doctors, nurses, and paramedical staff within hospital settings. In May 2024, two on-duty doctors were allegedly attacked by the family of a patient who died during treatment in a hospital in West Bengal. In another incident in Bihar the same month, a nurse was allegedly pushed off the first floor of a building by the relatives of a 25-year-old pregnant patient who had died.

The Division Bench further pointed out that women at large are generally at the receiving end of sexual and non-sexual violence in such medical settings. The relatives of patients are more likely to challenge female professionals due to the deeply engrained patriarchal attitude and bias. In addition to this, female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors and persons in authority.

The court while addressing gender violence, noted that such violence reveals severe problems within public health institutions, the lack of safety affects all medical professionals. “Ensuring safe working conditions is paramount in order to provide equal opportunities. This issue goes beyond merely protecting doctors; the safety and well-being of healthcare providers are matters of national interest,” court said.

The CJI asserted that ''a nation cannot wait for another rape or murder to bring real changes on the ground''. He added that as more and more women are entering advanced fields of knowledge and science, the nation must ensure safe working conditions. Several states, including Maharashtra, Kerala, Karnataka, Telangana, West Bengal, Andhra Pradesh, and Tamil Nadu, have passed laws to protect healthcare professionals from violence and property damage. 

These laws prohibit acts of violence against medical professionals and impose a non-bailable offence with a penalty of up to three years in prison. However, these laws do not tackle the underlying institutional and systemic issues contributing to the problem. While increased penalties are a step forward, they alone are insufficient to effectively address the root causes of violence against healthcare workers.

The court to address the systemic issues regarding the lack of safety for medical professionals, directed the formation of a National Task Force (NTF) to give recommendations on the modalities to be followed all over the country to ensure the safety of medical professionals

According to the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 every hospital and nursing home must establish an Internal Complaints Committee (ICC). The employer under Section 9 of the Act must fulfil the duty of organizing sensitization programmes and every medical institution should provide a 24/7 helpline for medical professionals and ensure access to emergency distress facilities. The Apex court has pointed out that these are duties of employers and should be enforced in order to prevent sexual violence against women.

On August 9, the postgraduate female doctor was found dead in a seminar hall at the hospital while she was on 36 hour duty shift. Initially, the parents were informed that the death was a suicide. It was later alleged that there was a significant delay of several hours in registering the First Information Report (FIR).

The writ petition instituted before Calcutta High Court had questioned the role of Principal followed by his resignation and subsequent appointment to another medical college within hours.

On the night of 14 August, a large mob assembled at the premises of the RG Kar Medical College Hospital and vandalised the emergency ward and other departments of the hospital.

The High Court, while considering petitions including one from the victim's parents seeking a court-monitored investigation, ordered that the probe be transferred to the Central Bureau of Investigation(CBI).