New Delhi: The Supreme Court on Tuesday said the National Task Force (NTF), constituted to make recommendations over the safety and security of medical professionals, has not made any substantial progress, as it had held no meeting since the first week of September.
The apex court asked pointed queries regarding the functioning of the NTF, “Between September 5 and today, what has happened? After September 9, what has the task force done? No meeting after September 9…why no progress between September 9 and today?”
The apex court also sought details regarding the deployment of civic volunteers for law-and-order duties in sensitive institutions like hospitals, schools etc. The CJI quipped, “It is a nice process of conferring political patronage on unverified persons…”.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra was hearing a suo moto case regarding the alleged rape and murder case of a doctor working at the RG Kar Medical College and Hospital in Kolkata. On August 20, the apex court, flagging the ground reality regarding the lack of institutional safety standards in healthcare establishments, had directed for constitution of a nine-member national task force (NTF) to formulate effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals.
During the hearing, Solicitor General Tushar Mehta, representing the Centre, submitted that approximately 7688 hospitals and medical establishments submitted their response based on a questionnaire and the last meeting of the national task force was held on September 9.
“You have now constituted four sub-groups of the task force by OM dated September 5. Between September 5 and today, what has happened? After September 9, what has the task force done? No meeting after September 9…why no progress between September 9 and today?”, the CJI asked Mehta.
Mehta contended that they can be requested to expedite and the work appears to be humongous. The bench noted that the task force has collected data from all over the country, however it added that the task force must expedite the work allocated.
“1700 suggestions and inputs have been received so far. Out of which approximately 37 associations and 1500 individuals, including hospitals, have submitted their inputs….total responses are 7688 and 4990 from state governments, and 2436 from the private sector…..whatever task force does now, it will be a long lasting solution”, said Mehta.
The bench noted that task force held its first meeting on August 27, four sub groups were constituted to engage with stakeholders’ and to prepare their recommendations on the issues: strengthening infrastructures of medical institutions and security systems in medical institutions, and revamping working conditions of healthcare professionals, and strengthening of legal framework across all states.
“Presently, it appears that neither the national task force nor the subgroups have made any substantial progress pursuant to the remit set in the order of this court. The Solicitor General has accepted that no meeting has been held since the first week of September. We are of the view that the Union government must make proactive efforts to ensure that the work of the task force is completed within a reasonable period in the future”, said the CJI.
The bench, in its order, said: “Accordingly, the meetings of the national task force should be held at periodic intervals and subgroups shall hold regular meetings so that by the next of listing this court is apprised of the tentative recommendations….this exercise should be completed within three weeks’”.
The CBI informed the apex court that the investigation in the case was going on with "utmost seriousness". Mehta submitted the fifth status report of the agency before the bench. "Investigation was going on in the matter with utmost seriousness. The chargesheet in the matter was filed on October 7 against accused Sanjay Roy and a Sealdah court has taken cognisance," said Mehta.
The CBI informed the apex court that it is also looking into the allegations of financial irregularities, and the central agency is also in direct touch with the parents’ of the deceased, and they are being updated on the progress of the probe. The apex court observed that the CBI report indicated that the agency was probing the role of other persons as a part of its ongoing investigation and sought a further status report within three weeks.
The apex court also directed the West Bengal government to provide detailed information on the legal basis, qualifications, deployment, and remuneration of civic volunteers involved in the state's institutions, including hospitals.
The bench told the state government’s counsel to bring on record information on: the legal source of authority for hiring civic volunteers, the required qualification, the institutions in which they are assigned duties, and also, the payments made on a daily and monthly basis and the budget.
The bench said the state's affidavit should also mention the steps taken to ensure that such civic volunteers are not posted in hospitals, schools, police stations, and places which are sensitive in nature, and also disclose the selection process being followed.
A counsel informed the bench that there are nearly 1500 such volunteers, as of now. "This is a nice way to confer political patronage on selected individuals. Let the state of West Bengal first give us the data on the next hearing”, said the CJI.
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