In Re: Alleged Rape and Murder Incident of a Trainee Doctor in RG Kar Medical College and Hospital, Kolkata

Introduction

The recent horrific, brutal, and cruel incident of rape and murder of a woman who was a trainee doctor at Kolkata RG Kar Medical College and Hospital also known as Kolkata rape case has shaken the conscience of society. It shows even after 75 years of independence, India can’t be called a free nation in the true sense. Such ghastly and inhuman acts also question the efficacy of Indian laws to deal with such offenses. It also reminds India of the brutal incident of Nirbhaya case.

The Supreme Court in the case of In Re: Alleged Rape and Murder Incident of a Trainee Doctor in RG Kar Medical College and Hospital, Kolkata, (Kolkata rape case) has itself taken cognizance of the offense and issued guidelines for the formulation of a National Task Force to suggest measures to improve the working conditions of doctors in the country and to take positive measures to maintain the dignity of the profession.

The present article aims to present before the readers the facts of the case, observations made by the Supreme Court, and the various guidelines and measures ordered by the Supreme Court related to the matter and present Kolkata rape case analysis.

Facts of the Case (Kolkata rape case)

• In this case, a woman who was a medical intern and was on 36 hours of duty in the RG Kar Medical Hospital was brutally raped and murdered in the operation cell of the hospital.
• Initially, the doctors dismissed the case, terming it to be suicide to the parents of the victim.
• The images and photographs of the victim were circulated all over the media with no regard to the privacy and dignity of the victim.
• There was huge vandalism and public outcry throughout India and particularly in Kolkata due to this incident. The case was initially filed with the Kolkata High Court, and the High Court ordered the investigation by the CBI, the central investigating agency.
• Later on, considering the gravity of the offense and the public anger on the issue, the Supreme Court transferred the case to itself.
• Article 139A of the Constitution empowers the Supreme Court to transfer to itself the cases that are pending in the High Courts. 

Atrocities faced by the medical profession in the country

The Supreme Court in this case also highlighted the plight of doctors in the country.

• There is a lack of institutional safety for doctors in the country. Women in the profession are more vulnerable as compared to men. The Supreme Court also highlighted some instances wherein doctors have received life threats and have been assaulted on failure to save the lives of victims. The women have more faced these kinds of violence.
• Women joining the profession that requires cutting-edge science and technology becomes non-acceptable to a country like India with a patriarchal mindset. Sexual assault and rape cases inside the hospital have been repeatedly reported.
• Though there are some states like Maharashtra, Kerala, Karnataka, and Telangana that have enacted their own separate laws to punish any form of violence or atrocity if committed against doctors and prescribe imprisonment for a term of 3 years, these safeguards and measures are not sufficient to deal with the increasing number of such cases.
• Hospitals don’t have sufficient restive spaces for the doctors and interns; due to that, they have to use the same bed as is used by the patients.
• Interns have to perform their duties on the basis of 36-hour duties without adequate services in hospitals.
• Hospitals also lack proper hygiene and sanitation facilities.
• No transport facilities are offered by the hospitals. The doctors and interns have to cover huge distances on their own. Moreover, no provisions are there to ensure the safety of female doctors and interns working night shifts.
• Not even proper toilet facilities are provided at the hospitals.
• Operation theaters mostly remain dingy and ill-lit places.

All these working conditions highlight how India has failed as a nation to promise humane working conditions to doctors. It is very unfortunate such a revered and respected profession has suffered so long in the nation.

Guidelines given by the Supreme Court

Considering the situation at hand, the Supreme Court, under various provisions like Article 32 to be read with Articles 141 and 142 of the Constitution, ordered some steps that are required to be urgently taken. These Articles allow the Supreme Court to make such decisions as they deem fit and necessary in order to make complete justice.

A national task force is to be established, which shall consist of eminent persons in the medical field, and that would suggest the measures relating to the following field.

The measures must aim towards:

1. Preventing violence against the medical professionals and promising a safe working environment.

• Enough measures must be suggested to tackle the cases of violence against the doctors. High security must be deployed at the hospital. Before entering the hospital premises, enough security checks must be done so that no one can be entered with weapons or any other injurious substance.
• Proper screening must be done at entering.
• Separate staff must be deployed to deal in emergency situations to manage crowds.

2. Proper measures should be taken to ensure proper infrastructure development.

• Special care must be taken in ensuring the proper infrastructure facilities at the hospitals.
• There must be separate rooms for patients and separate resting rooms. Moreover, such rooms must be separated for male as well as female doctors.
• Proper care must be taken to ensure hygiene and sanitation at the hospitals. It must be done on a regular basis.
• CCTV cameras must be installed at each hospital.

3. Prevention of sexual violence cases against the medical professionals.

• The provisions of the Prevention of Sexual Harassment of Women at Workplace Act, 2013 are applicable in nursing homes and hospitals.
• There must be an internal complaint committee to look through the cases of sexual harassment in the hospitals.
• The employer must take positive acts to prevent such acts of sexual harassment and also create some awareness regarding this Act in the hospital premises.
• Other related provisions of the Act must be followed.

Additionally, the Supreme Court held that the National Task Force is free to suggest such measures as it deems fit and necessary to be taken to ensure the safety of doctors in the country.

Conclusion

The formation of the National Task Force in the judgment of In Re: Alleged Rape and Murder Incident of a Trainee Doctor in RG Kar Medical College and Hospital (Kolkata rape case analysis) was the much-needed action, and if actions are taken in the required manner, then the guidelines framed in the judgment have the potential to bring positive changes in the lives of doctors in the country.