RG Kar Case: SC Flags Slow Progress, Directs NTF To File Tentative Recommendations In 3 Weeks
After going through the report, the CJI DY Chandrachud led bench questioned why there has not been a meeting of the NTF after September 9.
The Supreme Court on Tuesday resumed hearing the suo motu proceedings in the Kolkata rape-murder case of an on-duty trainee woman doctor at the RG Kar Medical College and Hospital in West Bengal. The top court after going through the CBI status report on the ongoing investigation, sought the progress report of National Task Force (NTF) that it had constituted to make recommendations for protocols to ensure safety of doctors across the country. The court has directed NTF to submit provisional recommendations within three weeks.
After going through the report, the CJI DY Chandrachud led bench questioned why there has not been a meeting of the NTF after September 9.
"Why no progress between September 9 till now?" CJI asked SG Mehta to appear for Centre and CBI.
The top court said that the NTF must expedite the process and the Center must take proactive measures to ensure that work of the task force is completed in the foreseeable future.
The court further directed that NTF meetings should be carried out periodically and all sub-groups must hold regular meetings so that the tentative recommendation is submitted within three weeks.
On August 20, the top court while hearing the suo motu case in RG Kar rape and murder had directed the Centre to constitute a National Task Force (NTF) to ensure safety of all medical professionals across India.
The top court said that the NTF shall make recommendations pertaining to safety, working conditions and well being of the medical professionals and other cognate matters highlighted in its order. The NTF was suppose to furnish an interim report in three weeks and a final report within 2 months.
The bench headed by CJI Chandrachud had said that protecting doctors and women doctors is a matter of national interest and principle of equality does not demand anything less.
The court said that the NTF shall make action plans on two heads: (1) Preventing violence including gender based violence against medical professionals; (2) Providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, etc.
The top court recorded the following issues for the National Task force to deal with:
1) Prevention of violence against medical professionals:
(a) NTF should suggest measures to ensuring safety in the hospital;
(b) NTF To suggest measures to improve infrastructural development in hospitals;
(c) Employment of social welfare workers trained in grief and crisis counselling;
(d) Workshops on handling grief and crisis for hospital staff.
2) For prevention of sexual violence against medical professionals:
(a) Prevention of Sexual Harassment Against Women At Workplace Act applies to hospitals and nursing homes, including private healthcare providers. As per the Act an internal complaints committee must be constituted at all hospitals;
(b) Duties of employer under POSH Act has to be followed and discharged at all hospitals;
(c) There shall be a helpline number for all medical professionals.
The court clarified that the phrase "medical professionals" includes doctors, students undergoing internship, resident doctors and senior resident doctors as well as nurses.
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