‘Can’t wait for another rape’: SC sets up task force for docs

The Supreme Court formed a nine-member task force to address medical professionals' safety after a young doctor's rape and murder in Kolkata sparked national protests.

The Supreme Court on Tuesday constituted a nine-member national task force (NTF) comprising eminent doctors and health care administrators to address the safety concerns of medical professionals it expressed alarm over the grisly rape-and-murder of a young doctor in Kolkata that has galvanised the country and sparked sweeping protests.

A bench comprising Chief Justice of India (CJI) D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra during hearing on a suo moto case related to the alleged sexual assault and murder of a postgraduate trainee doctor in Kolkata, at the Supreme Court in New Delhi, Tuesday. (PTI)

The top court said the crime at Kolkata’s RG Kar Hospital brought to fore the broader issue of the lack of institutional safety for doctors, nurses and other medical staff, besides the need to ensure that medical professionals in India can work in environments that are not only safe but also dignified and conducive to their well-being.

In its suo motu (on its own) hearing, a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud also rebuked the West Bengal government and highlighted the alarming inadequacies in the state’s response to the crime, and stated that the conscience of the nation was shaken by the “horrific” and “horrendous” incident.

“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 work force in cutting edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified conditions of work,” said the bench, also comprising justices JB Pardiwala and Manoj Misra.

The bench also issued a call to action for striking doctors across the country, urging them to resume work while assuring them that their safety is a matter of the highest national concern.

“We request all the doctors who are abstaining from work across the country to resume the work at the earliest. Above all, the abstention from work of doctors affects those segments of the society which need medical care the most...the abstaining doctors and medical professionals stand assured that their concerns are receiving the highest concern from the Supreme Court of India. Besides their concerns are already being portrayed before this court by a diverse range of counsel,” it said.

Taking a decisive step toward creating a safer and more equitable work environment in the health care sector, the court emphasised that the brutal attack on medical professionals is a moment of “national catharsis”, stating that the constitutional right to equality is meaningless if women doctors and other medical staff cannot work in safe and dignified conditions.

“Ultimately, what’s equality in our Constitution about if we can’t provide safe conditions of work? We are deeply concerned about the fact that there is absence of safety of young doctors, most importantly women doctors, across the country,” said the bench.

The court emphasised that the safety of medical professionals is not just a matter of protecting individual doctors, but a national concern that impacts the entire health care system.

It was unflinching in its criticism of the current state of institutional safety in health care establishments, pointing out that despite existing legislation in several states aimed at protecting health care workers from violence, these laws fall short in addressing the root causes of the problem. “An enhanced punishment without improving institutional safety standards falls short of addressing the problem effectively,” it said.

The order laid bare the harsh realities faced by medical professionals, including inadequate resting spaces, lack of security personnel, insufficient toilet facilities and a lack of proper transport for medical staff working late hours. Women, in particular, were found to be at a higher risk of both sexual and non-sexual violence with the court acknowledging that “female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors and persons in authority.”

To address these pervasive issues, the court set up the NTF, mandating it to formulate effective recommendations while focussing on two key areas -- preventing violence, including gender-based violence, against medical professionals, and providing an enforceable national protocol for dignified and safe working conditions for all health care workers.

Among the prominent members of the NTF were surgeon vice-admiral Arti Sarin, director general of medical services (navy); Dr D Nageshwar Reddy, chairman of the Asian Institute of Gastroenterology, Hyderabad; Dr M Srinivas, director of All India Institute of Medical Sciences, Delhi; Dr Pratima Murthy, director, National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru; and Dr Padma Srivatava, head of neurology at Paras Hospital.

The task force also includes representatives from various other leading medical institutions and organisations, ensuring a comprehensive approach to addressing the crisis. The NTF will further include ex-officio members such as the cabinet secretary, the home secretary, and the secretary of the ministry of health and family welfare, who will ensure coordination with state governments and oversee the implementation of the recommendations.

The NTF’s mandate includes examining the underlying causes of violence against medical professionals, with a particular focus on gender-based violence and developing an enforceable national protocol for ensuring dignified and safe working conditions in health care settings.

Key areas of concern identified by the court also encompassed the lack of adequate security measures in hospitals, absence of proper resting spaces for doctors on night duty and unrestricted access of patients and their attendants to sensitive areas within medical facilities. The court further highlighted the need for better infrastructure, such as adequate lighting, functioning CCTV cameras, installation of biometric access control systems and the provision of transportation for medical professionals working late hours.

The court order highlighted that health care professionals, who work tirelessly around the clock in hospitals and medical care facilities, often face violence from patients’ relatives in distress. It noted that such incidents have become increasingly frequent, citing recent attacks in West Bengal, Bihar and Telangana, where medical professionals were assaulted following the death of patients under their care.

In addition to addressing physical safety, the NTF is also expected to focus on preventing sexual violence in health care settings. The court underscored the importance of implementing the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 in all hospitals and nursing homes. The NTF, the bench said, will ensure that internal complaints committees are constituted and that hospitals comply with their obligations to provide a safe working environment for women.

The victim -- a second-year postgraduate student at the state-run hospital -- was found brutally assaulted and murdered in the seminar hall on August 9. A civic volunteer assigned to the hospital was arrested the next day in connection with the crime. By then, the crime had sparked widespread protests across the state, especially after the government’s delay in removing the principal and then reinstating him within four hours.

The gruesome case also triggered strikes by doctors and medical associations. On Saturday, the Indian Medical Association (IMA), the country’s largest body of doctors, called for a nationwide strike, suspending all non-essential medical services for 24 hours. At midnight on Independence Day, tens of thousands of women across the country took to the streets in “Reclaim The Night” marches, demanding justice for the victim.