On Aug 18th 2024 at 10:30 AM, the Supreme Court heard a case about the rape and murder of a doctor at RG Kar Medical College Hospital in Kolkata. The case, called “In Re: Alleged Rape and Murder of Trainee Doctor,”

The Calcutta High Court had earlier transferred the investigation to the CBI on August 13, as it was unhappy with the Kolkata Police’s handling of the case. Several doctor and medical consultant groups have also shared their suggestions with the court to improve safety for medical professionals.

Summary of the order dated 18th August 2024

Facts

On the night of August 9, 2024, a 31-year-old doctor was found dead in a seminar room after a 36-hour shift. Initial reports suggested that her parents were misinformed about her death, being told it was a suicide. Delays in reporting the murder and the handling of the case by local authorities raised significant questions about the investigation’s integrity. Following public outcry and legal petitions, the Calcutta High Court transferred the case to the Central Bureau of Investigation (CBI) on August 13, 2024, to ensure a thorough and impartial investigation. The incident catalyzed widespread protests nationwide, with medical associations and student bodies demanding justice and better safety measures for healthcare professionals. The Indian Medical Association called for a nationwide withdrawal of non-emergency medical services, emphasizing the urgent need for institutional reforms on 17 Aug 2024.

Issues

The murder of the doctor has brought to light several systemic issues within the healthcare sector:

1. Violence Against Healthcare Workers: Medical professionals in India often face violence from patients’ relatives, particularly in high-stress situations. The unrestricted access to hospitals and the emotional turmoil experienced by families can lead to aggressive confrontations with healthcare staff.
2. Gender-Based Violence: Female medical professionals are particularly vulnerable to both physical and sexual violence. The ingrained patriarchal attitudes often lead to women being challenged more aggressively, and they may also face harassment from colleagues and superiors.
3. Lack of Institutional Safety: Many hospitals lack adequate security measures, proper facilities for resting, and protocols to protect staff from violence. Reports indicate that medical professionals often work long hours without sufficient breaks, and the absence of security personnel leaves them exposed to potential threats.
4. Inadequate Legal Protections: While several states have enacted laws to protect healthcare professionals from violence, these measures often fall short of addressing the root causes of the problem. Enhanced penalties for violence against medical staff are insufficient without corresponding improvements in institutional safety standards.

Order of Supreme Court

In response to the escalating crisis, the Supreme Court of India has established a National Task Force (NTF) to formulate recommendations aimed at improving the safety and working conditions of medical professionals. The NTF is tasked with addressing both the prevention of violence and the establishment of enforceable protocols for dignified working conditions.

Key recommendations from the NTF include:

• Enhanced Security Measures: Implementing screening processes at hospital entrances to prevent weapons from entering, as well as increasing the presence of security personnel in high-risk areas like emergency rooms and intensive care units.
• Infrastructure Improvements: Providing adequate resting facilities for medical staff and ensuring that hospitals are well-lit and monitored by CCTV cameras.
• Training and Support: Offering training for security personnel on managing crowds and grief, as well as conducting workshops for medical staff on handling crises.
• Legal and Institutional Frameworks: Establishing internal complaints committees in hospitals to address issues of harassment and violence, and ensuring that medical professionals have access to a 24/7 helpline for emergencies.

The Supreme Court’s intervention underscores the urgent need for a comprehensive approach to ensure the safety and dignity of healthcare workers. As more women enter the medical profession, the nation has a vital stake in creating a safe working environment that upholds their rights and well-being.

Supreme Court’s Verdict – 18 August 2024