The Supreme Court on Tuesday constituted a National Task Force (NTF) to ensure safety of all medical professionals across India. The top court while hearing the case pertaining to the brutal rape and murder of a women doctor at the RG Kar Medical college and hospital in Kolkatta observed that medical professional have to face various forms of violence even as they work round the clock.
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 has to furnish an interim report in three weeks and a final report within 2 months.
The bench headed by CJI Chandrachud further said that protecting doctors and women doctors is a matter of national interest and principle of equality does not demand anything less.
"The nation cannot await another rape for things to change on ground...There are legislations in state to protect medical professionals but they do not address the systemic issues." the CJI said.
The apex court today took note of lack of institutional safety for medical professionals like lack of proper rest rooms, especially for doctors on night duty. The court observed that doctors have to often undergo 36 hour shifts without basic conditions of hygiene and security.
The Supreme Court noted that the working conditions of doctors in India have made them susceptible to violence. While explaining the reason behind the suo motu action in the case the apex court cited several previous occasions where on duty doctors were attacked in West Bengal, Bihar and Hyderabad.
"This is a sign of potent systemic failure for working conditions of doctors. Due to ingrained patriarchal biases, the relatives of patients are more likely to attack the women doctors and they are more susceptible to sexual violence too and Aruna Shanbaug case is a case in point. Gender violence shows lack of safety for women in the system," CJI Chandrachud said while explaining why the top court has taken suo motu action in the case.
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.
The court further said that the NTF is entitled to make additional suggestions wherever appropriate. The NTF shall also suggest the appropriate timelines by which the recommendations are to be implemented based on facilities in the hospitals, the top court said.
Members of the National Task Force
1. Surgeon Vice Admiral Arti Sarin, AVSM, VSM, Director General, Medical Services (Navy)
2. Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad
3. Dr M Srinivas, Director, All India Institute of Medical Sciences (AIIMS), Delhi
4. Dr Pratima Murthy, Director, National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru
5. Dr Goverdhan Dutt Puri, Executive Director, All India Institute of Medical Sciences, Jodhpur
6. Dr Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology, GI and HPB Onco-Surgery and Liver Transplantation and Member, Board of Management, Sir Ganga Ram Hospital, New Delhi; Member, Court of Examiners, Royal College of Surgeons, England
7. Professor Anita Saxena, Vice-Chancellor, Pandit B D Sharma Medical University, Rohtak. Formerly Dean of Academics, Chief- Cardiothoracic Centre and Head Cardiology Department at All India Institute of Medical Sciences (AIIMS), Delhi
8. Dr Pallavi Saple, Dean, Grant Medical College and Sir JJ Group of Hospitals, Mumbai
9. Dr Padma Srivastava, formerly Professor at the Department of Neurology, AIIMS Delhi. Currently serving as the Chairperson of Neurology at Paras Health Gurugram
Ex-officio members of the National Task Force are:
1. Cabinet Secretary, Government of India
2. Home Secretary, Government of India
3. Secretary, Ministry of Health and Family Welfare, Government of India
4. Chairperson, National Medical Commission
5. President, National Board of Examinations