IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA, AND RELATED ISSUES vs 2024
Case Title and Citation: IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES vs SMW(Crl) No. 2/2024
Factual Background
The matter was initiated following the alleged rape and murder of a 31-year-old postgraduate doctor on August 9, 2024, inside the seminar room of the RG Kar Medical College Hospital in Kolkata, while she was on a 36-hour duty shift. The incident caused significant national shock due to the brutality of the sexual assault. Initially, the deceased’s parents were informed that the death was a suicide, and the police registered the First Information Report (FIR) for murder only after several hours. Concerns over the handling of the case by the hospital authorities and state police led the Calcutta High Court, on August 13, 2024, to transfer the investigation to the Central Bureau of Investigation (CBI). Following the incident, widespread protests occurred, and on the night of August 15, 2024, a large mob vandalized the Emergency Ward and other departments of the same hospital. This vandalism prompted the Indian Medical Association to call for a nationwide 24-hour strike by medical personnel, excluding emergency services.
Issue(s)
The core issue addressed by the Supreme Court was whether the current institutional safety and working conditions for doctors and medical professionals in hospitals across the country are adequate, and if the existing systemic lack of protection necessitates the Supreme Court’s intervention through the creation of a national protocol.
Decision of the Supreme Court
The Supreme Court set up a nine-member National Task Force (NTF) to formulate a national protocol aimed at ensuring the safety and well-being of doctors and medical professionals nationwide. The Court further mandated the NTF to devise effective recommendations focusing on two primary areas: (I) Preventing violence, including gender-based violence, against medical professionals; and (II) Establishing an enforceable national protocol for dignified and safe working conditions for all medical professionals, including interns, residents, and nurses. The Court also ordered the CBI and the State of West Bengal to submit status reports on the progress of the murder investigation and the vandalism incidents, respectively, by August 22, 2024.
Reason for the decision
The Court’s decision was driven by the recognition of a systemic failure to protect medical professionals and the constitutional obligation to ensure safe working conditions.
- Vulnerability to Violence: The Supreme Court noted that medical professionals are frequent targets of various forms of violence, often attributed to distraught patients or relatives. The unrestricted access to every part of healthcare institutions, which operate around the clock, makes these professionals highly susceptible to such attacks. The Court cited specific recent incidents to illustrate this systemic failure.
- Lack of Institutional Standards: The Court highlighted critical deficiencies in safety standards, including the absence of adequate resting spaces for medical professionals on night duty, forcing them to rest in public areas or patient rooms. Furthermore, interns and residents are often forced to work demanding 36-hour shifts without basic amenities like sanitation, rest, and nutrition, in the absence of a uniform national protocol.
- Gendered Violence: The Court pointed out that women medical professionals face particular risks due to ingrained patriarchal biases, making them more likely to be challenged by patients’ relatives. Additionally, they face sexual violence within the workplace hierarchy from colleagues, seniors, and persons in authority. The lack of institutional safety norms pertaining to violence, including sexual violence, was cited as a serious concern.
- Constitutional Imperative: The Court emphasized that preserving safe conditions of work is fundamental to realizing the equality of opportunity for every working professional, particularly as more women enter cutting-edge areas of knowledge. The safety and well-being of health providers are matters of national interest, and the constitutional value of equality demands safe and dignified working conditions.
- Inadequacy of Existing Laws: While several States have enacted laws prohibiting violence against medical professionals, these laws only impose enhanced punishment and fail to address the underlying institutional and systemic causes of the problem, thus falling short of effective prevention.
Conclusion
The Supreme Court concluded that the horrific incident and the ensuing nationwide protests underscored a systemic and national failure to ensure the safety and dignity of medical professionals. To address these deep-rooted issues, the Court proactively established a National Task Force, mandated to develop an immediate, enforceable, and comprehensive national protocol to guarantee safe working environments and prevent all forms of violence, including sexual violence, in medical institutions.
