In the backdrop of RG Kar Medical College Hospital incident; Supreme Court Issues Directions for The Safety Of Medical Professionals

In response to the brutal rape and murder of a young postgraduate doctor at RG Kar Medical College Hospital, Kolkata., -which sparked nationwide protests and highlighted the urgent need to address the issue of safety for medical professionals in India- the Supreme Court of India took the suo moto coginzance of the issued and issued directions and constituted the National Taks Force (NTF). The NTF has been further directed to provide recommendations to address medical professionals' safety, working conditions, and well-being issues and other related concerns and court directed the NFT to submit the report within 3 week.

While the order doesn't explicitly frame a legal question, it effectively addresses the following concerns:
-Duty of the State.
-Right to Safe Working Conditions.
-Effectiveness of Existing Legislation.
The Court expressed deep concern about the lack of safety and security for medical professionals in India, particularly highlighting the vulnerability of women doctors. It observed a "systemic failure" in protecting medical staff and criticized the inadequate safety standards in healthcare institutions.

The Court Noted that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 applies to hospitals and nursing homes therefore, the Court has directed all the hospitals to strictly adhere to the POSH Act and directed them to constitute an Internal Complainants Committee in compliance with the Act along with setting up medical institution’s helpline number working round the clock. Thus, The Court has also clarified the phrase used in the Order “medical professionals” to include “doctors, medical students who are undergoing their compulsory rotating medical internship (CRMI) as a part of the MBBS course, resident doctors and senior resident doctors and nurses (including those who are nursing interns).”

The Court also order the Central Bureau of Investigation, directing it to submit a status report on the investigation in the matter by 22nd August., and the State Government has been ordered to submit a status report on the progress of the investigation on the acts of vandalism by 22nd August 2024.

The Suo moto cognizance of the matter is significant step towards addressing the longstanding issue of violence and insecurity faced by medical professionals in India. And by forming the NTF, the Court aims to create a comprehensive national framework for ensuring the safety and well-being of those who dedicate their lives to providing healthcare. The order's emphasis on data collection, infrastructure development, and stringent implementation of existing laws reflects the Court's commitment to bringing about tangible change on the ground.
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Coram: CJI Dr. Dhananjaya Y Chandrachud, Justice J. B. Pardiwala, Justice Manoj Misra
Case Details: SMW (Crl) No 2 Of 2024.
Date of Order: 20-08-2024.