IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES VERSUS versus

IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES VERSUS versus

The Court held that the lack of institutional safety standards in medical establishments is a matter of serious national concern requiring urgent remedial measures; it directed the constitution of a National Task Force composed of senior medical professionals and ex-officio government members to consult stakeholders and prepare an action plan addressing prevention of violence (including gender-based violence) and enforceable national protocols for safe and dignified working conditions for medical professionals, and issued time-bound directions for data collection and status reports on investigation progress.

Parties
Petitioner: In Re: Alleged Rape and Murder Incident of a Trainee Doctor In R.G. Kar Medical College and Hospital, Kolkata and Related Issues
Jurisdiction
India
Judgment Date
20 August 2024
Procedural Posture
SMW (criminal) No. 2 of 2024 (suo Motu Writ Petition Under Article 32) / Order
Outcome
Directions issued; National Task Force constituted; data and status report filings directed
Legal Topics
Institutional Safety Standards for Medical Establishments, Sexual Violence Against Medical Professionals, Workplace Sexual Harassment, Police Investigation and CBI Status Report, Formation of National Task Force, Regulatory and Accreditation Measures for Hospitals
Criminal Law Healthcare Workplace Safety Gender Based Violence Administrative Law Constitutional Law Institutional Safety Standards for Medical Establishments Sexual Violence Against Medical Professionals +4 more

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Parties

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

Petitioner

Procedural Posture

SMW (criminal) No. 2 of 2024 (suo Motu Writ Petition Under Article 32) / Order

Legal Issues

  1. 1 Whether lack of institutional safety norms in medical establishments exposes medical professionals, particularly women, to sexual and non-sexual violence
  2. 2 Whether national protocols and institutional standards are required to prevent violence and ensure safe working conditions for interns, residents, doctors and nurses
  3. 3 Applicability and duties under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 to hospitals and nursing homes

Ratio Decidendi

The Court held that the lack of institutional safety standards in medical establishments is a matter of serious national concern requiring urgent remedial measures; it directed the constitution of a National Task Force composed of senior medical professionals and ex-officio government members to consult stakeholders and prepare an action plan addressing prevention of violence (including gender-based violence) and enforceable national protocols for safe and dignified working conditions for medical professionals, and issued time-bound directions for data collection and status reports on investigation progress.

Court Disposition

Directions issued; National Task Force constituted; data and status report filings directed

Orders

  • A National Task Force (NTF) was constituted with specified medical members and ex-officio members (Cabinet Secretary, Home Secretary, Secretary Ministry of Health and Family Welfare, Chairperson National Medical Commission, President National Board of Examinations)
  • NTF to prepare recommendations and an action-plan under two heads: (I) preventing violence, including gender-based violence against medical professionals; and (II) providing an enforceable national protocol for dignified and safe working conditions for interns, residents, senior residents, doctors, nurses and all...