New Delhi: The Supreme Court on Tuesday strongly criticised the West Bengal government and hospital authorities for the delay in filing an FIR in the horrific rape and murder case of a medic at Kolkata's RG Kar Medical College and Hospital and said that the nation cannot wait for another rape for changes on the ground.
The incident has sparked widespread outrage raising concerns about women's safety in the workplace. A three-judge bench led by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, which has taken suo motu cognisance of the case, stressed that this incident raises systemic issues regarding the safety of doctors across the country and added that the medical professions have become vulnerable to violence.
"Women doctors are targeted more. As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground…," said the CJI, during the hearing.
The apex court said that denying women safe working conditions is tantamount to denying them equality and expressed its concern over a mob of nearly 7,000 people, which entered the hospital and nearly 80-90 out of them vandalised the hospital and also threatened the resident doctors.
During the detailed hearing in the matter, the bench shot a volley of pressing questions regarding the actions of the hospital's administration and the local police. The CJI expressed concern over the police's inability to prevent a mob of thousands from entering the medical college. Solicitor General of India Tushar Mehta, representing the Centre, said the West Bengal government should not be in denial mode as there is a complete failure of law and order in the state.
Regarding the delay in registering the FIR, the bench asked senior advocate Kapil Sibal, representing the West Bengal government, “Why was FIR registered three hours after the body was handed over for cremation…”. Sibal said immediately an unnatural death case was registered and the investigation was started.
The top court also questioned the immediate appointment of the hospital's principal to another college, despite his conduct being under scrutiny, and asked the state government not to unleash its power on peaceful protestors’ during this time of national catharsis.
The apex court stressed the need for a national protocol to ensure safe workplace conditions and constituted a nine-member National Task Force headed by Surgeon Vice-Admiral Arti Sarin to develop a national protocol for ensuring safety and facilities for doctors and healthcare staff in hospitals.
The Task Force will comprise Surgeon Vice-Admiral Arti Sarin, Dr D Nageshwar Reddy, Dr M Shreenivas, Dr Pratima Murty, Dr Goverdhan Dutt Puri, Dr Saumitra Rawat, Prof Anita Saxena, Head Cardiology, AIIMS Delhi, Prof Pallavi Sapre, Dean Grant Medical College Mumbai, Dr Padma Srivastava, Neurology department, AIIMS. The bench asked the Task Force to file an interim report within three weeks.
The apex court said the West Bengal government must ensure vandals who attacked RG Kar hospital should be arrested and an FIR should be filed against them. The bench also carefully examined the post-mortem report of the victim in the case.
The apex court was informed that 30-40 female doctors are present in the hospital and nearly 70 male doctors are present, out of 700 resident doctors in the hospital.
Against the backdrop of a mob forcefully entering the medical college, Justice Pardiwala said even if we ask the police to protect the women officers, "will this police force be able to protect these women doctors?". The bench suggested that till the situation normalises let CISF provide security to the hospital and hostels of doctors. The bench will take up the matter on Thursday and it will also consider the status report of the CBI.
Citing the horrific details of the incident, the bench said: “The brutality of the sexual assault and the nature of the crime have shocked the conscience of the nation. The name and graphic images of the deceased have been widely circulated on social media without regard to her privacy or dignity”.
The bench noted that it has been alleged that the parents of the deceased were initially informed that their daughter had committed suicide; they were permitted to see the body after several hours and a first information report regarding the murder was registered belatedly by the police after several hours.
Following the incident, agitations and protests were called by doctors’ associations, student bodies and civic groups across the country. On the eve of Independence Day, several areas in Kolkata saw protests spurred by the ‘Reclaim the Night’ campaign. At 12.30 am on August 15, when a protest was underway at the hospital, a large mob assembled on the premises of the RG Kar Medical College Hospital and vandalised the Emergency Ward and other departments of the hospital.
Following the acts of wanton destruction and vandalism, the Indian Medical Association (IMA) called for a nationwide withdrawal of medical services, except emergency services, for twenty-four hours on August 17, 2024. “The state government was expected to ensure the deployment of the state machinery to prevent a breach of law and order. It was all the more necessary to do so since the investigation of the crime which took place in the precincts of the hospital was underway. We are unable to comprehend how the state was not prepared to deal with the incident of vandalisation of the premises of the hospital”, said the bench, in its order.
The bench noted hospitals and medical care facilities are open throughout the day and night and medical professionals--doctors, nurses and paramedic staff--work round the clock. “Unrestricted access to every part of healthcare institutions has made healthcare professionals susceptible to violence. Patients of relatives in anguish are quick to attribute untoward results to the negligence of medical professionals”, it said.
In May 2024, two on-duty doctors were allegedly attacked by relatives of a patient, who died while undergoing treatment at a hospital in West Bengal. In another incident in May 2024 in Bihar, following the death of a twenty-five-year-old pregnant patient, a nurse was allegedly pushed off the first floor of the building by the kin of the patient. In August 2024, a final-year resident in a hospital in Hyderabad was allegedly assaulted by a patient’s attendants after the patient died due to medical conditions.
“They are portents of a systemic failure to protect doctors, nurses and para-medical staff in the confines of hospitals. With 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," noted the bench.
Risks to women doctors
The apex court, in its order, 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. In addition to this, female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors and persons in authority”.
Citing the case of Aruna Shanbag, the bench said 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”, said the bench.
“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 health care to others. The nation cannot await a rape or murder for real changes on the ground”, said the bench, in its order.
Citing legislation enacted by several states for protecting healthcare service professionals, the bench said, “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 apex court observed that it appears the crime was detected in the early hours, and the medical college principal tried to pass it off as suicide. "We don't understand why FIR was registered after 12 hours…”, said the bench. “Preserving safe conditions of work is central to realising equality of opportunity for 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”, said the bench.
The apex court has also ordered the removal of the name, photos and videos of a trainee doctor, who was raped and murdered in Kolkata's RG Kar Medical College and Hospital, from all social media platforms. The bench said disclosure of the identity of the victim of sexual assault is a violation of its order passed in the Nipun Saxena case.
"The pictures and video clips of the body of the deceased have been circulated on social media...we direct that name, photographs and video clippings of the deceased be immediately removed from all social media platforms," said the bench.
