Supreme Court’s Decision To Form National Taskforce For Doctors’ Safety Is Welcome

 By Dr. Gyan Pathak

The Supreme Court of India constituted a national taskforce (NTF) to ensure safety of doctors in the country while hearing a suo motu case taking cognizance of the rape and murder of a postgraduate trainee doctor at R G Kar Medical College  on August 9 during her shift. The bench headed by the Chief Justice of India, DY Chandrachurd, said that it was not just about one case but the systemic issue of doctors’ safety in the nation.

The members of the NTF will be Surgeon Vice Admiral RK Sarian; Dr Reddy, Managing Director Asian Institute of National Gastrology; Dr M Srivas, Director AIIMS, Delhi; Dr Prathima Moorthy, NIMHANS, Bangalore; Dr Puri, Director, AIIMs, Jodhpur; Dr Ravat, Managing member of Gangaram Hospital; Prof Anita Saxena, VC of Pandit BD Sharma College; Dr Pallavi and Dr Padma Srivastav. The taskforce will also include ex-officio members – the cabinet secretary, the home secretary, secretary of ministry of family welfare, chairperson of the National Medical commission and President of the National Board of Examiners.

The Supreme Court has asked NTF to take action on two fronts: preventing violence including gender-based violence against medical professionals; and providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors etc.

In order to prevent gender-based violence against doctors, the court pointed out the required measures, such as ensuring safety in the hospital; infrastructural development; employment of social welfare workers trained in grief and crisis counselling; and workshops on handling grief and crisis.

The Bench has also asked the 10-member NTF to focus on enforcement of Prevention of Sexual Harassment Against Women at Workplace (POSH) Act for all medical professionals and to ensure that it is followed in hospitals, nursing homes and private healthcare facilities. The court also clarified that the act not only applied to doctors but also students undergoing internship, junior resident doctors, senior resident doctors as well as nurses.

The NTF is expected to submit an interim report in 3 weeks with suggestions on ensuring doctors’ safety and acting on the guidelines given, and the final report in 3 months.

The Bench also asked all states to collect data on the number of security personnel employed at each hospital; total resting rooms and related facilities in hospital; information of whether all areas of hospital are accessible to the general public and other relevant matters. States are expected to submit a report in one month.

The Supreme Court also asked the CBI for a status report on Thursday, August 22 on their investigation, along with an explanation on the mob vandalism and violence that took place at RG Kar hospital on August 14. The state of West Bengal has also been asked to submit its report on vandalism by August 22.

The Bench also ordered CISF to provide enhance security to RG Kar hospital, since many residents have emptied the buildings.

Justice Chandrachud questioned the conduct of the principal and the police in handling of this sensitive matter. He said that the interns, resident doctors and most importantly woman doctors … most of them young doctors are putting in 36 hours … we must evolve a national protocol to ensure safe conditions of work.

The bench expressed deep concern over the revelation of the victim’s name being published in media. “Is this the way we provide dignity to the young doctor who has lost her life?

The bench pointed out the lack of work safety which was denying women equality and said there was the need of a national protocol to ensure workplaces were safe, particularly for doctors who often work 36 hours shifts.

While calling the incident at RG Kar hospital “horrific” and “horrendous” the court pulled up the West Bengal government for the delay in registration of the FIR and destruction of the crime scene and vandalism.

Justice Chandrachud said that hospitals are open throughout day and night, doctors work round the clock and often face abuse from patients and their families as well. They need protection.

Solicitor General Tushar Mehta said pointed out failure of West Bengal government in maintaining law and order. Pointing out to vandalism, he said that a mob of 7 thousand people could not have entered RG Kar medical college without the knowledge of the Kolkata police.

To the agitating doctors across the country, the Supreme Court asked to end their strike as health services have suffered. “We want them to trust us. Their safety and protection is a matter of highest national concern.”

The bench noted that the West Bengal government had been using its powers to stifle protests. The court also criticized the state government for delay in filing FIR three hours after the body was found and also for disturbances to the crime scene linked to the state government.

Kapil Sibal on behalf of the government of the West Bengal informed the Supreme Court that principal of the medical college had been placed on leave by the Kolkata High court, and a SIT was investigating the matter. He blamed the social media for escalating the situation. He said that 37 people had been arrested and 50 FIRs had been filed in connection with mob vandalism on August 14.

The Supreme Court has listed the case for next hearing on August 22, the date on which CBI and West Bengal government are supposed to submit their status report as well as explanation regarding vandalism at the scene of crime amounting to tampering evidence.

The Federation of Resident Doctors’ Association has welcomed the Supreme Court’s intervention and said that they would consult all stakeholders before taking any decision on court’s urging them to end their strike. The  Supreme Court’s  directive on  ending the strike  by resident  doctors and  others  paralysed  the  general  services  of    the   government  hospitals throughout  India,  especially  in  West  Bengal.  Now there   are hopes    that the medical services will be normalized and the poor patients  will   get   proper  treatment   at   the  hospitals.

The gruesome rape and murder of the woman doctor at  the  Kolkata  based hospital has led to widespread indignation against the  West  Bengal  government   led by Mamata Banerjee  who  is   also  the home minister  as   also  in  charge  of  health department. There are allegations against the mishandling of the murder case by the   police. CBI is investigating   the case. The Supreme Court’s intervention   has   been   timely.   The  next  hearing in  the   apex court on   August  22 will  be crucial  as  the  CBI  has  been  asked    to   submit  the  status report. (IPA Service)