Terming the incident of the rape and murder of a trainee doctor at the RG Kar Medical College and Hospital in Kolkata as “horrific and horrendous” and “a systemic failure of the State machinery”, the Supreme Court on Tuesday constituted a 10-member National Task Force (NTF) to formulate a protocol for safety of doctors and healthcare workers at workplace.

The SC came down heavily on the Mamata Banerjee Government in West Bengal, slamming it for its “lackadaisical approach” to the case all through.

The top court also directed the Central Bureau of Investigation (CBI), which is currently investigating the matter to submit a status report by August 22. The task force will submit its interim report within three weeks and the final report within two months. The top court also appealed to the medical community, including doctors protesting across the country, to call off the strike and resume work. 

A Bench of Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing matters related to the

incident after it took suo motu cognisance of the incident, which has triggered a nationwide strike by doctors and other health workers.

The SC passed the order saying the nation cannot wait for another rape to happen for things to change on the ground.

The bench said, “There are legislations to protect medical professionals but they do not address the systemic issues. Medical associations have consistently raised the issue,” the court observed pointing out that medical professionals in the course of performance of their duties have been unfortunate targets of various forms of violence”.

“The constitutional value of equality brooks no compromises on the health, well-being and safety of those who provide healthcare to others. The nation cannot await a rape or murder for real changes to happen on the ground,” the bench said.

The SC asked the NTF to formulate an action plan under two sub-heads — preventing violence, including gender-based violence against medical professionals; and providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, nurses and all medical professionals. “The NTF shall be at liberty to make recommendations on all aspects of the action-plan highlighted above and any other aspects which the members seek to cover. They are at liberty to make additional suggestions, where appropriate.

“The NTF shall also suggest appropriate timelines by which the recommendations could be implemented based on the existing facilities in hospitals. The NTF is requested to consult all stake-holders,” the bench said. The Ministry of Health and Family Welfare will provide all logistical support, including making arrangements for travel, stay and secretarial assistance and bear the expenses of the members of the NTF, it said.

“All State Governments and UT Governments, through their Secretaries, in the Ministries of Health and Family Welfare and the Central Government, through the Secretary, Union Ministry of Health and Family Welfare must collate information from all hospitals run by the State and the Central Government, respectively on how many security personnel are employed at each hospital and each department.

“Whether there is a baggage and person screening mechanism in place at the entrance of the medical establishment. The total number of resting/duty rooms in the hospital and specific details of the number in each department. The facilities provided in the resting/duty rooms,” the bench said. The data as submitted shall be tabulated and filed with an affidavit by the Union Government within one month of this order, it said.

The court also appealed the protesting doctors to call off the strike and resume work. The bench said abstention from the work of doctors affects those segments of the society that are in need of medical care. “We earnestly appeal to all the doctors that we are here to ensure that their safety and protection is the matter of highest national concern. Please trust us, that is why we have not left the matter to the high court. “We felt this is not just a matter of a serious offence but which affects the institution of healthcare pan India. Therefore the need for the Supreme Court to take up the matter, the bench said.

The 10 members of the task force are Vice Admiral Arti Sarin, Director General, Medical Services (Navy), Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad, Dr M Srinivas, Director of Delhi AIIMS, Dr Pratima Murthy, Director, National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru, Dr Goverdhan Dutt Puri, Executive Director, AIIMS Jodhpur, 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.

The other members are —Professor Anita Saxena, Vice-Chancellor, Pandit B D Sharma Medical University, Rohtak, former Dean of Academics, Chief Cardio thoracic Centre and Head Cardiology Department AIIMS, Delhi, Dr Pallavi Saple, Dean, Grant Medical College and Sir JJ Group of Hospitals, Mumbai, and Dr Padma Srivastava, formerly Professor at the Department of Neurology, AIIMS Delhi.

It said the Cabinet Secretary and the Home Secretary to the Union Government, Secretary, Ministry of Health, Chairperson, National Medical Commission and president, National Board of Examinations, shall be the ex-officio members of the task force.