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Criminal · Reportable judgment

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

Court
Supreme Court of India
Date
20 August 2024
Case No.
SMW (Crl) No. 2 of 2024
Bench
D.Y. Chandrachud, J.B. Pardiwala, Manoj Misra
Citation
[2024] 8 S.C.R. 1047 : 2024 INSC 613
Acts & Sections
Sexual Harassment of Women at Workplace… Maharashtra Medicare Service Persons and… Kerala Healthcare Service Persons and… The Karnataka Prohibition of Violence… Telangana Medicare Service Persons and… West Bengal Medicare Service Persons and…
Supreme Court Reports [2024] 8 S.C.R. 1047 : 2024 INSC 613
Issue for consideration
R.G. Kar Hospital trainee doctor alleged rape and murder case. Lack of institutional safety standards in health care establishments; systemic issues for healthcare across the nation addressed; directions issued for formation of a National Task Force.
Headnote

R.G. Kar trainee doctor murder and alleged rape case – Lack of institutional safety norms for medical professionals (doctors, medical students undergoing compulsory rotating medical internship (CRMI) in the MBBS course, resident doctors, senior resident doctors and nurses including nursing interns) – Systemic issues for healthcare – Women medical professionals in particular face risk of sexual and non-sexual violence – Cognizance taken suo motu – Directions issued for constitution of a National Task Force (NTF): Held: Lack of institutional safety norms at medical establishments against both violence and sexual violence against medical professionals is a matter of serious concern – Preserving safe conditions of work is central to realizing equality of opportunity to every working professional – Safety of doctors and their wellbeing as health providers is a matter of national interest – Though States such as Maharashtra, Kerala, Karnataka, Telangana, West Bengal etc. have enacted legislation to protect healthcare service professionals from violence and damage to property, however these enactments do not address the institutional and systemic causes that underlie the problem – Lack of various institutional safety standards in health care establishments highlighted – A National Task Force (NTF) constituted with members of the medical profession having diverse experience in healthcare institutions – NTF to consult all stake-holders and formulate recommendations concerning safety, working conditions and wellbeing of medical professionals and other matters as highlighted and prepare an action-plan w.r.t preventing violence, including genderbased violence against medical professionals and and providing safe working conditions for interns, residents, senior residents, doctors, nurses and all medical professionals, as detailed – NTF to submit interim report within three weeks and the final report within two months from the date of this order – Union Government also to submit data as directed – CBI and State of West Bengal respectively to submit status report on the progress in the investigation of the murder and alleged rape of the doctor and on the progress of the investigation on the acts of vandalism in the aftermath thereof. [Paras 7-12, 14-17] Websites

Read the full headnote (1 more paragraph)

https://medicaldialogues.in/news/health/doctors/mob-attack2-surgeons-brutally-attacked-afterpatient-death-admitted-inicu-128063;https://timesofindia.indiatimes.com/india/pregnantwomans-death-sparks-violence-by-kin-nursethrown-off-1stfloor-of-bihar-nursing-home/articleshow/110475737.cms;https://indianexpress.com/article/cities/hyderabad/hyderabad-doctorattacked-in-hospital-byattendants-after-patient-dies-8604280/.

Keywords: R.G. Kar Hospital Case · Trainee doctor · Rape · Murder · Health care establishments · Institutional safety standards · Medical professionals · Doctors, Women medical professionals · Healthcare · National Task Force · Healthcare service professionals · Violence · Damage to property · Safety of doctors · Health providers · Investigation transferred to CBI · Vandalization of hospital

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. On 9 August, 2024, a thirty-one year old postgraduate doctor at RG Kar Medical College Hospital, Kolkata who was on a thirty six hour duty shift was murdered and allegedly raped inside the seminar room of the hospital. As horrific details have emerged in the course of media reportage, the brutality of the sexual assault and the nature of the crime have shocked the conscience of the Nation. The name and graphic images of the deceased have been widely circulated on social media without regard to her privacy or dignity. 2. Writ petitions were instituted before the Calcutta High Court s
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