Protest rally demanding justice following the rape and murder of a trainee medic at a hospital in Kolkata, in New Delhi.
Credit: PTI Photo
New Delhi: The Supreme Court on Tuesday slammed the West Bengal government over the handling of the "horrific and horrendous" August 9 Kolkata rape and murder of PG trainee doctor, and subsequent attack on the hospital as it set up a 9-member National Task Force under its authority, to suggest measures for protection of medical fraternity.
Holding that the nation can't wait for another rape to change the situation on ground, a bench led by Chief Justice of India D Y Chandrachud broadened the scope of its intervention in a suo motu case registered on August 18.
The apex court said safety of doctors and women doctors is a matter of national interest and the principle of equality does not demand anything less.
"There are legislations in state to protect medical professionals but they do not address the systemic issues," the bench said.
The bench, also comprising Justices J B Pardiwala and Manoj Misra, noted medical professionals have to brace various forms of violence and their work conditions have made them susceptible to violence, making the women more vulnerable due to ingrained patriarchal biases.
While expressing concern over revealing the identity of the 31-year-old victim, the court also directed the State of West Bengal to not unleash its might on peaceful protesters.
"We fail to comprehend how the State was not able to handle the issue of vandalism," the bench said questioning the failure of state machinery.
Expressing the need for putting in place safety protocols for protection of doctors, including women, the bench said the nation can't wait for another rape to change things on the ground.
"As more and more women join the work force ... the nation cannot wait for another rape for things to change on the ground," CJI Chandrachud said.
The court termed the incident as "horrific and horrendous" which reflected systemic failure of the state machineries.
Track latest updates from the Kolkata doctor rape-murder case here
The court asked the protesting doctors to come back to work, saying their safety and protection are a matter of the highest national concern.
The bench directed the National Task Force, consisting of eminent doctors, to submit an interim report within three weeks and a final report within two months on protocol and safety of medical fraternity, including for protection of female staff, residents etc.
The court also told the CBI to submit a status report on its probe on Thursday.
It broadened the issue of safety and security of doctors and healthcare staff across country.
It said that the taskforce should look into safety, wellbeing of medical professional and other matters related to health care issue. The NTF should consider to prepare action plan to prevent gender based violence, prepare national plan to prepare dignified working of interns, resident, non resident doctors.
The NTF would comprise Surgeon Vice Admiral R 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 dept, AIIMS, Ex officio members of the national task force:
Cabinet Secretary to govt of india, Home secretary to govt of india, secretary union health ministry, chairperson of national medical commission, president of national board of examiners.
The bench said this court was deeply concerned that there is virtual absence for safe conditions for doctors working in hospitals, women doctors, resident and non resident doctors and the women doctors who are more vulnerable.
"No separate rest and duty room for men and women doctors are available and we need to evolve a national consensus for a standard national protocol for safe conditions of work. Ultimately what is equality under the Constitution if women cannot be safe in their workplace," the bench asked.