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Synopsis

The United Doctors Front Association (UDFA) has filed an application for intervention in the Supreme Court concerning the alleged rape and murder of a trainee doctor at R.G. Kar Medical College and Hospital, Kolkata. The matter is currently under consideration by the Supreme Court having been taken up by the court on its own motion due to the critical issues involved.

The UDFA, represented by Advocate Shashank Shekhar Jha, seeks to address broader concerns related to the safety and welfare of healthcare workers across India.

In its application, the UDFA emphasizes the need for robust legal protections for healthcare professionals, citing the proposed Healthcare Service Personnel and Clinical Establishments (Prohibition of Violence and Damage to Property) Bill, 2019. The association argues that this legislation is crucial for combating the increasing incidents of violence against healthcare workers, ensuring their safety, and enabling them to perform their duties without fear.

“Central Protection Bill of 2019, though well intentioned, may require amendments and updates to address the current challenges faced by healthcare workers. By revisiting this legislation and considering the lessons learned from its rejection and the subsequent ordinance, we can develop a more robust and comprehensive legal framework that provides effective deterrence against violence and ensures the safety of healthcare personnel,” the intervention application reads.

The application also raises significant security concerns in government hospitals, particularly highlighting the risks posed by unauthorized individuals who can easily gain entry, leading to potential violence.

The UDFA calls for a comprehensive approach to hospital security, including enhanced surveillance, stricter access controls, and the deployment of trained security personnel.

In its prayers for intervention, the UDFA has made several key requests to the Supreme Court. These include the formation of a Central Protection Act (CPA) Committee to oversee healthcare professionals’ safety, the introduction of an ordinance by the Ministry of Home Affairs to establish the CPA as a legal safeguard against violence, and the inclusion of youth-oriented associations in the National Task Force to provide insights from medical students and interns.

Additionally, the UDFA urges the immediate implementation of the NDMC Health Professional Violence Act as an interim measure until the CPA is enacted. It also advocates for the urgent formulation of uniform safety protocols across all healthcare institutions, the installation of CCTV cameras, the establishment of Quick Reaction Teams (QRTs), and the creation of centralized control rooms in major hospitals. Furthermore, the UDFA calls for the enactment of stringent national-level legislation imposing severe penalties for violence against healthcare workers and regular audits for compliance.

In the specific case of R.G. Kar Medical College, the UDFA urges the Supreme Court to demand accountability from all responsible parties, ensure the immediate arrest and prosecution of those involved, and address the systemic issues within the healthcare system that contributed to the tragedy.

The Supreme Court took suo moto cognizance of the incident from August 9, 2024 where a young doctor working at a medical college in Kolkata was brutally raped and murdered.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra is currently seized with the matter.

Case Title: IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES