Kolkata rape-murder case: SC constitutes National Task Force for safety of medical professionals
Satya Prakash
New Delhi, August 20
Expressing serious concern about “virtual absence for safe working conditions” for doctors and health professionals, the Supreme Court on Tuesday set up a 10-member National Task Force (NTF) to frame a national protocol for ensuring safety and facilities for them.
A Bench led by Chief Justice DY Chandrachud – which took suo motu cognisance of the horrific rape and murder of a doctor at RG Kar Hospital, Kolkata, last week – said the incident raised systematic issue regarding safety of doctor across India.
It asked the NTF to submit an interim report to it in three weeks and the final report in two months.
The top court urged all protesting doctors to resume work as their strike affected health services across India.
“Since this court is seized of the matter regarding safety of all medical professionals, we request doctors protesting all across the country to resume work as it affects patients to avail health related services. Doctors and medical professionals are receiving consideration by the highest court of the country,” the CJI said.
Noting that the Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) (POSH) Act, 2013 applied to medical establishments, the top court said Internal Complaints Committee (ICC) had to be constituted in all hospitals.
“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 CJI said, adding, “Protecting women doctors is a matter of national interest and the principle of equality does not demand anything less.”
Headed by Surgeon Vice-Admiral Arti Sarin, the NTF has been asked to “suggest modalities to be followed all across India so that young or middle-aged doctors are safe in their work environment.”
Other members of the NTF are: 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 of Grant Medical College, Mumbai and Dr Padma Srivastava, Neurology Department, AIIMS.
The Cabinet Secretary, Union Home Secretary, Union Health Secretary, Chairperson of National Medical Commission and President of National Board of Examiners will be the ex-officio members of the NTF, the Bench ordered.
The top court asked the NTF to prepare a national action plan for preventing gender-based violence and ensuring safety and dignified working conditions for interns, resident and non-resident doctors.
While preparing the national action plan, the task force has been asked to consider if the emergency room needed additional security and if a baggage screening facility was needed to be installed to prevent arms from entering hospitals and if people needed to be stopped at certain points, if they were not patients.
The top court wanted the NTF to examine the security staff needed to manage crowds, requirement of rest rooms for doctors and gender neutral spaces for resting of doctors, nurses and proper lighting of hospital areas and installation of CCTV at all places within the hospital premises.
It also asked the NTF to see if such areas needed to have biometrics and facial recognition; need for transport from 10 pm to 6 am for medical professions; need to conduct workshops for handling grief and crisis; quarterly audits of institutional safety measures; having police force commensurate with footfall; and helpline numbers for emergency of medical professionals.
The Bench asked the NTF to suggest appropriate timelines based on which its recommendations can be implemented by the hospitals on the basis of their existing infrastructure.
The top court directed the health secretaries of states and union territories to collate and send to the union health secretary information from all hospitals run by them with regard to security professionals are employed at each hospital; availability of baggage screening at entry; number of resting rooms and the facilities provided in such rooms; if all areas in hospital can be accessed by CCTV; training for handling grief of patients; availability of police outposts outside hospital; and if ICC as per POSH was in place.
The Bench asked the Centre to submit the data in a tabulated format within a month to it.
