New Delhi: The safety of doctors is the “highest national concern,” according to the Supreme Court. In a significant move, the Court has ordered the creation of a national task force. This task force will be responsible for recommending policies and strategies to enhance the safety and protection of medical personnel across the country. This order could potentially lead to a significant improvement in the working conditions and safety of doctors nationwide.
The incident was described as “horrific” and raised a “systemic issue of safety of doctors across the country” by a bench led by Chief Justice D.Y. Chandrachud, which took suo moto cognisance of the rape and murder of a junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata earlier this month.
The Bench, Led by CJI Chandrachud, expressed deep concern over the lack of safe working conditions for young doctors, particularly in public hospitals. Their empathetic words resonated with the plight of the medical community.
It added, “We earnestly appeal to all the doctors that we are here to ensure that their safety and protection is the matter of highest national concern. We feel this is not now a matter of a particular offence but something which affects the institution of healthcare pan India.”
The Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, asked the CBI (Central Bureau of Investigation) to file a status report detailing the investigation’s status within two days and the state government to file a status report in relation to the incident of vandalisation inside the hospital premises.
It pulled up the West Bengal government over the publication of the name, photographs and video clips of the deceased victim. “It is extremely concerning. We are first to recognise the right to free speech, but there are well-settled parameters,” it said.
In response, senior advocate Kapil Sibal, appearing for the West Bengal government, said, “We have filed 50 FIRs. Before the police arrived, photos were taken and circulated. We did not allow anything to happen.”
Questioning the role of then principal Dr Sandip Ghosh, who has been facing marathon questioning for 13 to 14 hours daily by CBI since last Friday, the top court asked, “What was the principal doing? Why an attempt to pass off the incident as a suicide? Not registering an FIR till late in the evening?”
“On the next day, a mob assembles at the hospital, and critical facilities are damaged; what are the police doing? What are they (the police) doing? Allowing vandals to enter the hospital?” the bench asked further.
Solicitor General Tushar Mehta, the second highest law officer of the Centre, said that a mob of 7,000 people armed with lathis (sticks) and other weapons in the middle of the night could not be gathered without “the knowledge, if not consent, of the police force”, adding that the situation of vandalism was a complete failure of law and order in the state of West Bengal.
The Supreme Court said that the state’s police power should not be unleashed on peaceful protesters from the medical community and civil societies.
“People, whether they are doctors, civil societies, or lawyers, are protesting, so long as there is no act of destruction, let there not be the power of the state unleashed on peaceful protests. It is a time of national catharsis,” CJI Chandrachud remarked. This recognition of the right to peaceful protest by the Supreme Court is significant, as it reaffirms the importance of freedom of expression and assembly in a democratic society.
The 3-judge bench of the top court was hearing the suo moto case titled “Alleged rape and murder incident of a trainee doctor in R.G. Kar Medical College and Hospital, Kolkata, and related issues.”
Several letter petitions, addressing CJI Chandrachud, urged the apex court to take suo moto cognisance of the incident and issue directions for an immediate and impartial investigation. The Supreme Court’s unwavering commitment to justice was evident in its response to these petitions.
One of the letter petitions filed by Monica Singh, a doctor by profession, pleaded with the Supreme Court to exercise judicial oversight in the RG Kar matter to ensure that the investigation is conducted thoroughly and impartially.
It also prayed for guidelines to enhance security measures at medical colleges and hospitals across the country to prevent such incidents from occurring in the future and for the framing of comprehensive guidelines for the protection of medical professionals and institutions.
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–IANS
