Amid ongoing nationwide protests over the gruesome rape and brutal murder of a 31-years-old post-graduate trainee woman doctor at the state-run RG Kar Medical College and Hospital in Kolkata early his month, the Supreme Court, which on Tuesday started the suo motu petition,observed that the nation cannot wait for another rape case for "things to change on the ground".The matter has been next listed for hearing on August 22.
Expressing strong dissatisfaction with the West Bengal government and the authorities at the government-run hospital over the delay in filing the FIR and other procedural lapsesin handling the case, CJI DY Chandrachud noted that existing enactments do not address institutional safety standards for doctors and medical professionals.
"Medical professions have become vulnerable to violence. Due to ingrained patriarchal biases, women doctors are targeted more. As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground," the CJI noted.
During the hearing of the case, the CJI raised several procedural lapses regarding the actions of the RG Kar Medical College administration and the Kolkata police.
The SC bench asked, "Why was FIR registered three hours after the body was handed over for cremation."
"What was the principal doing? FIR was not filed; the body was handed late to the parents. What is the police doing? A serious offence has taken place, the crime scene is in a hospital... What are they doing? Allowing vandals to enter the hospital?" the SC bench asked.
The three-judge SC bench comprises CJI Chandrachud, Justices JB Pardiwala and Manoj Misra.
The SC bench also raised the issue of patriarchal biases, and said the women doctors are targeted more.
"As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground," the court observed.
Raising the issue of delay in filing the FIR, Justice Pardiwala asked Kapil Sibal, who is representing the West Bengal government in the court, “Who is the first informant who filed the FIR? What is the time of the FIR?”
When Sibal responded that the FIR was filed by the father of the victim at 11:45 pm, followed by the Vice Principal of the hospital. The autopsy was conducted between 1:45 pm and 4:00 pm. The victim's body was handed over for cremation, which was reportedly at 8:30 pm.
CJI Chandrachud asked Sibal,"What was the principal, and the hospital board, doing during this time?" He said was not it the hospital's duty to file the FIR, especially in the absence of the victim's parents.
The CJI further said, "It appears crime was detected in the morning. The hospital's principal tried to pass it off as suicide, and the parents were not allowed to see the body. No FIR was filed."
The CJI also noted that the principal of RG Kar Medical College and Hospital, Sandip Ghosh, was reassigned as principal in another college soon after his resignation despite the Calcutta High Court's instruction to the West Bengal Health Department not to appoint Ghosh to any other medical college until further notice.
The Supreme Court bench later constituted a 10-member national task force (NTF) comprising top doctors of the country to formulate a national protocol for ensuring safety and facilities for doctors.
The task force will comprise Surgeon Vice Admiral R Sarin, Dr D Nageshwar Reddy, Dr M Shreenivas, Dr Pratima Murty, Dr Goverdhan Dutt Puri, Dr Saumitra Rawat, Prof Anita Saxena, Head Cardiology, AIIMS Delhi, Prof Pallavi Sapre, Dean Grant Medical College Mumbai, Dr Padma Srivastava, Neurology department, AIIMS.
The court said a national consensus must be evolved after consultation with stakeholders. The NTF has been asked to submit an interim report within three weeks and a final report within two months.
