Supreme Court: In the suo motu matter concerning the rape and murder of a doctor at the RG Kar Medical College Hospital at Kolkata, the Three Judge Bench of Dr. DY Chandrachud, CJI, JB Pardiwala and Manoj Misra, JJ. directed the Ministry of Health and Family Welfare to open a portal where stakeholders can submit their suggestions before the committee.
The Court took on record the status report submitted by the Central Bureau of Investigation (‘CBI’), and the status report and an affidavit submitted by the State of West Bengal.
The Court noted that a request for conducting the polygraph test of the accused has been submitted to the ACJM, Sealdah, which is stated “to be under process”. The Court directed the ACJM to pass orders on the application no later than by 5 pm on 23-08-2024.
The Court said that while constituting the National Task Force (‘NTF’), it had specifically clarified that the NTF should engage with diverse stakeholders. Consequently, the Court directed the NTF to hear representatives of diverse stakeholders to enable it to have inputs from all those who are concerned with the process which has been initiated by this Court for maintaining safety and wellbeing of the doctors and other medical professionals at their workplaces.
The Court also noted some additional suggestions to be taken into account by the NTF, including:
(i) Institutionalization of distress call systems;
(ii) Regulation of duty hours; and
(iii) Constitution of a compensation distress fund.
The Court emphasized that the views of diverse stakeholders including the Interns, Residents, Senior Residents, doctors and nurses as well as of the para-medical staff would be taken into account by the NTF before its recommendations are made.
The Court also reaffirmed that peaceful protests should not be disturbed or disrupted and directed the State to not take any precipitate action against those peacefully protesting the incident at RG Kar Medical College Hospital. The Court also appealed to doctors to return to their work.
The Court noted that the Central Industrial Security Force has been deployed at RG Kar Medical College Hospital to ensure the safety of doctors, nurses and all other medical professionals.
The Court also directed the Secretary of the Health Ministry to engage with the Chief Secretaries of the State and Director General of Police to ensure the safety of the doctors willing to return to work. The Court directed that the meeting be held within a week and States should take remedial measures within two weeks.
Pending the submission of the report of the NTF, the Court directed all State Governments and Union Territories to be on alert to any apprehended violations or breaches of safety in medical establishments. The Court also directed the States/Union Territories to take suitable measures such as installing CCTV cameras and call distress systems, without awaiting the report of the NTF.
The matter will next be taken up on 05-09-2024.
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CASE DETAILS
Citation: In re: Alleged rape and murder incident of a trainee doctor in R.G. KAR medical college and hospital, Kolkata and related issues |
Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :