Supreme Court Demands Urgent National Safety Protocols for Hospitals, Warns "Nation Cannot Await a Rape or Murder for Real Changes"

The Supreme Court of India, in a suo motu order dated August 20, 2024, addressed the urgent need for workplace safety reforms for medical professionals in the aftermath of the alleged rape and murder of a postgraduate doctor at RG Kar Medical College Hospital in Kolkata. The bench, comprising Chief Justice Dhananjaya Y Chandrachud, and Justices J B Pardiwala and Manoj Misra, highlighted the systemic deficiencies in healthcare institutions, particularly the lack of safety protocols and protection against violence. The court constituted a National Task Force (NTF) to formulate comprehensive recommendations on these issues.

On August 9, 2024, a 31-year-old postgraduate doctor was brutally murdered and allegedly raped within the seminar room of RG Kar Medical College Hospital in Kolkata. The incident, which occurred during her 36-hour duty shift, led to widespread public outcry and protests, raising significant concerns about the safety and security of medical professionals in India. Initial reports to the victim's family suggested suicide, but further investigation revealed foul play, leading to demands for a court-monitored investigation.

The Supreme Court noted the lack of institutional safety measures in hospitals, especially the absence of proper resting spaces, inadequate security, and the unrestricted access of the public to sensitive hospital areas. "The nation cannot await a rape or murder for real changes on the ground," the court remarked, stressing that the safety of medical professionals is a matter of national interest​.

The court specifically addressed the heightened risks faced by female medical professionals, who are more vulnerable to both sexual and non-sexual violence due to ingrained patriarchal attitudes. The bench cited the case of Aruna Shanbag as an example of how sexual violence can originate within the institutional settings themselves, further emphasizing the need for gender-sensitive safety protocols​.

Recognizing the gravity of the situation, the Supreme Court constituted a National Task Force (NTF) comprising eminent medical professionals and senior government officials. The NTF is tasked with developing an enforceable national protocol aimed at preventing violence, including gender-based violence, and ensuring dignified and safe working conditions for all medical professionals. The court mandated the NTF to submit an interim report within three weeks and a final report within two months​.

The court's order outlined a detailed action plan for the NTF, including the deployment of security personnel, installation of CCTV cameras, provision of adequate resting spaces, and the establishment of police posts in hospitals. The court also emphasized the need for infrastructure improvements, such as proper lighting and screening mechanisms to prevent the entry of weapons into medical establishments​​.

"The constitutional value of equality demands nothing else and will not brook compromises on the health, well-being, and safety of those who provide health care to others," the court stated, underlining the importance of safe working conditions in healthcare institutions​.

The Supreme Court's order underscores the urgent need for systemic reforms in healthcare institutions across India to protect medical professionals from violence and ensure their safety. By directing the formation of a National Task Force, the court has taken a significant step towards addressing these critical issues, with potential far-reaching implications for the healthcare sector. The progress of these reforms, as mandated by the court, will be closely monitored, with updates expected in the coming weeks.

In Re: Alleged Rape and Murder Incident of a Trainee Doctor in R.G. Kar Medical College and Hospital, Kolkata and Related Issues

Date of Decision: August 20, 2024