The Supreme Court on Tuesday took suo moto cognisance of the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital, saying that the case raises systemic issues regarding the safety of doctors across the country.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra are hearing the matter.
The apex court resounded the country's voice and said, "The nation cannot wait for another rape for things to change on ground."
The matter will next be heard on August 22 (Thursday), the day when the CBI and the state of West Bengal will submit their progress reports in the case to the top court.
SC On Kolkata Doctor Death Case | Top Quotes
Denying Them Equality
Taking cognisance of the rape and murder case of the trainee doctor at the state-run hospital in Kolkata, the Supreme Court said that it is deeply concerned by the fact that the name of the deceased is being published all over media. "In Nipun Saxena we have held we will not publish the name of the survivors ....is this the way we provide dignity to the young doctor who has lost her life?" CJI asked. The top court noted that if women are not able to go to work and working conditions are not safe, "we are denying them equality".
Must Evolve National Protocol
Noting that young doctors are putting in 36 hours of work, the apex court said that a national protocol must be evolved to ensure the safety conditions of their workplace.
Delay In Filing FIR
The top court slammed the West Bengal government over the delay in filing FIR in the case, asking what the hospital authorities were doing. "It appears crime was detected in early hours, medical college principal tried to pass it off as suicide," the SC bench observed.
The Supreme Court also rapped Kolkata Police over how a mob of hooligans entered and vandalised the hospital.
"What was the principal doing? FIR was not filed, Body was handed late to parents; What is the police doing? A serious offence has taken place, the crime scene has taken in hospital...what are they doing? allowing vandalists to enter the hospital?" the CJI asked.
When the conduct of the R G Kar Hospital's principal was under scrutiny, how was he appointed to another college immediately, it asked.
The SC sought the Central Bureau of Investigation's report on Thursday, saying that they want the agency to apprise them on the status of investigation.
SC Sets Up National Task Force
The Supreme Court set up a National Task Force (NTF) to deal with the violence against and working conditions of doctors in the nation.
"We want them to give recommendations of the modalities to be followed across the country for the safety measures for senior and junior doctors to be followed," CJI Chandrachud said.
The NTF will include: Surgeon Vice Admiral RK Sarian, Dr Reddy (Managing Director Asian Institute of National Gastrology), Dr M Srivas (Director AIIMS, Delhi), Dr Pathima Moorthy (NIMHANS, Bangalore), Dr Ravat (Managing Member of Gangaram Hospital), Prof Anita Saxena (VC of Pandit BD Sharma College), Dr Pallavi and Dr Padma Srivastav.
FIR Filed 3 Hours After Body Handed Over
The top court bench asked the state as to when was the FIR filed, to which senior Advocate Kapil Sibal noted that the father of the victim filed a complaint first at 11:45 pm, informing the court that the body was handed over for cremation at 8:30 pm.
"FIR filed three hours after the body handed over. The autopsy took place between 1:45 pm and 4 pm. The autopsy revealed that this the doctor is murdered...the FIR is registered at 11:45 pm? What was the principal, board in the hospital doing?" the CJI asked.
CJI Chandrachud said that the parents were not in the hospital, noting that it is the hospital's duty to file the FIR.
Solicitor General Tushar Mehta said in response, "Let us not trivialize, we are dealing with a young doctor's rape by a sexual pervert but also someone who had an animal like instinct. I don't want to make this a political issue, three hours of the parents waiting."
"Let West Bengal not be in denial mode, this is complete failure of law and order in state," SG Mehta added.
Cannot Wait For Another Rape
The Supreme Court said, "The nation cannot wait for another rape for things to change on ground."
Slamming the TMC-led West Bengal government, the top court noted that it was expected to maintain law and order and protect the crime scene, adding that it was "unable to comprehend why state could not do so".
The West Bengal government has also been asked to file a status report by Thursday so as to what the progress is on the probe into the mob vandalism at the RG Kar Medical College and Hospital.
SC Asks Doctors To Resume Work
The top court asked the protesting doctors to resume work, saying that their concern is being received with utmost importance.
Doctors and medical staff have been protesting, seeking justice for the victim and demanding strict action in the case.
Notably, given the doctors' protest, non-emergency services including the Out-Patient Department (OPD) have taken a hit, with patients waiting in long queues outside the hospital for hours.
CISF To Provide Security At RG Kar Hospital
The Supreme Court bench directed the Central Industrial Security Force (CISF) to provide security at the RG Kar Medical College and Hospital t enable the doctors to resume work.
This comes in view of the vandalism that took place at the hospital during the late night protest on August 15, with emergency department being vandalised while the staff and patients were present there.