The Supreme Court on Monday allowed the parents of the slain RG Kar Medical College doctor to pursue their petition for a further probe by the Central Bureau of Investigation (CBI) into the incident before the Calcutta high court even as it deferred hearing the recommendations made by the National Task Force (NTF) on the safety of healthcare professionals, rescheduling the matter for the third week of May.
While Sanjay Roy, the main accused in the RG Kar case, was on January 20 sentenced to life term by a Sealdah sessions court, the parents sought a further probe to ascertain the alleged role of some other persons, including the former principal of the RG Kar hospital, Sandip Ghosh.
Through senior advocate Karuna Nundy, they sought a clarification from the Supreme Court that the high court could continue hearing their petition for a further probe. Nundy pointed out that the single judge bench in the high court required that the parents obtain a clarification from the Supreme Court since CBI had earlier submitted its status reports regarding the investigation and trial in the matter to the top court. CBI’s appeal demanding the death sentence for Roy is also currently pending in the high court. Accepting Nundy’s plea, the bench on Monday clarified that the single judge bench in the high court could proceed with the parents’ plea.
The matter of NTF’s recommendations was listed before a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and justices Sanjay Kumar and Joymala Bagchi, which ordered that the matter be listed in the “ week commencing May 13.”
The deferral means that the matter will come up before a different bench on the next date as CJI Khanna is set to retire on May 13.
NTF, a nine-member panel comprising eminent doctors and healthcare administrators, was constituted by the apex court in response to the horrific rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata in August last year. The brutal incident sparked nationwide outrage, leading the Supreme Court to take suo motu cognisance of rising violence against medical professionals.
In its detailed report submitted to the court in November last year, NTF concluded that there is no need for a central law to specifically address violence against healthcare professionals. The task force found that the existing legal framework, including various state legislations and the recently enacted Bharatiya Nyaya Sanhita (BNS), 2023, provides sufficient safeguards to protect medical personnel. The report noted that 24 states have already enacted laws aimed at curbing violence against healthcare professionals, while two more states are in the process of introducing similar legislation. For states that do not yet have such laws in place, the NTF recommended that authorities rely on the provisions of the BNS to ensure the safety and security of medical professionals.
The task force emphasised that minor offences arising in hospital settings are adequately covered under state legislations, which also define the scope of “healthcare institutions” and “medical professionals.” For more serious offences involving grievous harm or threats to life, the provisions of BNS, 2023, offer stringent legal remedies. Based on this assessment, NTF categorically stated in its report that a separate central law to deal with offences against healthcare professionals is unnecessary.
While dismissing the need for fresh legislation, NTF proposed a series of security enhancements in healthcare institutions to ensure the safety of medical professionals. The report recommended the establishment of security committees within hospitals, comprising representatives from various departments, to conduct routine security audits and identify vulnerabilities. These committees would be tasked with submitting their findings and recommendations to the institution’s head, who would then appoint a senior official to oversee the implementation of security measures.
For larger hospitals with over 500 beds, the task force suggested the creation of centralised security control rooms that would operate round the clock. In situations requiring immediate intervention, Quick Response Teams (QRTs) should be deployed to ensure swift action. The report also underscored the importance of CCTV surveillance in high-risk areas such as entry points, emergency rooms, and intensive care units. Additionally, hospitals experiencing network blind spots have been urged to address connectivity issues to ensure that communication lines remain operational at all times.
Recognising the critical role of law enforcement in maintaining security in hospitals, NTF recommended that institutions with a history of security threats should be provided with regular police patrols and on-site outposts. To ensure prompt legal action in cases of violence, hospitals should designate nodal officers to coordinate with law enforcement agencies and facilitate the timely registration of complaints and First Information Reports (FIRs). The task force further recommended that medical professionals receive training on legal protocols so that they are aware of their rights and can navigate the criminal justice system effectively.
NTF also addressed the specific vulnerabilities faced by women working in the healthcare sector, particularly during night shifts or in isolated duty areas. The report recommended the establishment of Internal Complaints Committees (ICCs) in all healthcare institutions in accordance with the framework provided under the Protection of Women from Sexual Harassment (POSH) Act, 2013. It also called for heightened awareness of the Sexual Harassment electronic Box (SHe-Box), an online platform that allows women to file complaints about workplace harassment. Hospitals were urged to implement additional security measures such as improved lighting, secure duty rooms, and transport arrangements for female staff working late hours to ensure a safer working environment.