* IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

SMW (Crl) No 2 of 2024

Reportable

2024 INSC 613

IN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND

HOSPITAL, KOLKATA AND RELATED ISSUES Versus

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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 seeking among other things, a court-monitored investigation of the crime and the conduct of the hospital authorities, including the role of the Principal of the medical college and other officials by a special team of investigating officers. It has been alleged that the parents of the deceased were initially informed that their daughter had committed suicide; they were permitted to see the dead body after several hours and a first information report in regard to the murder was registered belatedly by the police after several hours.

3. By its order dated 13 August 2024, the High Court transferred the investigation to the Central Bureau of Investigation.

4. Following the incident, agitations and protests were called by doctors’ associations, student bodies and civic groups across the country. On the eve of Independence Day, several areas in Kolkata saw protests spurred by the ‘Reclaim the Night’ campaign. At 12.30 am on 15 August, when a

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protest was underway at the hospital, a large mob assembled at the premises of the RG Kar Medical College Hospital and vandalized the Emergency Ward and other departments of the hospital. Following the acts of wanton destruction and vandalism, the Indian Medical Association (a private and voluntary organization of doctors in India) called for a nation- wide withdrawal of medical services, except emergency services, for twenty-four hours on 17 August 2024.

5. In the aftermath of the brutal incident and the demonstrations which followed, the State Government was expected to ensure the deployment of the state machinery to prevent a breach of law and order. It was all the more necessary to do so since investigation of the crime which took place in the precincts of the hospital was under way. We are unable to comprehend how the State was not prepared to deal with the incident of vandalization of the premises of the hospital.

6. Nation-wide protests following the brutal incident in RG Kar Medical College Hospital have brought the issue of the lack of institutional safety for doctors to the forefront. Medical Associations have consistently raised issues of the lack of workplace safety in health care institutions. Medical professionals in the performance of their duties have been unfortunate targets of various forms of violence. Hospitals and medical care facilities are open throughout the day and night. Medical professionals – doctors, nurses and paramedic staff – work round the clock. Unrestricted access to every part of healthcare institutions has made healthcare professionals susceptible to violence. Patients of relatives in anguish are quick to attribute untoward results to the negligence of medical professionals. Such

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allegations are immediately followed by violence against medical professionals. In May 2024, two on-duty doctors were allegedly attacked by relatives of a patient who died during treatment in a hospital in West- Bengal.1 In another incident in May 2024 in Bihar, following the death of a twenty-five year old pregnant patient, a nurse was allegedly pushed off the first floor of the building by the kin of the patient.2 In August 2024, a final year resident in a hospital in Hyderabad was allegedly assaulted by a patient’s attendants after the patient died due to medical conditions.3 These incidents of violence are a few amongst the many that have been unleashed against members of the medical community in the recent past. They are portents of a systemic failure to protect doctors, nurses and para medical staff in the confines of hospitals. With few or no protective systems to ensure their safety, medical professionals have become vulnerable to violence. With the involvement of systemic issues for healthcare across the nation, this court has had to intervene.

7. Women are at particular risk of sexual and non-sexual violence in these settings. Due to ingrained patriarchal attitudes and biases, relatives of patients are more likely to challenge women medical professionals. In addition to this, female medical professionals also face different forms of sexual violence at the workplace by colleagues, seniors and persons in authority. Sexual violence has had its origins even within the institution, the case of Aruna Shanbag being a case in point. There is a hierarchy within

1 https://medicaldialogues.in/news/health/doctors/mob-attack-2-surgeons-brutally-attacked-after- patient-death-admitted-in-icu-128063

2 https://timesofindia.indiatimes.com/india/pregnant-womans-death-sparks-violence-by-kin-nurse- thrown-off-1st-floor-of-bihar-nursing-home/articleshow/110475737.cms

3 https://indianexpress.com/article/cities/hyderabad/hyderabad-doctor-attacked-in-hospital-by- attendants-after-patient-dies-8604280/

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medical colleges and the career advancement and academic degrees of young professionals are capable of being affected by those in the upper echelons. The lack of institutional safety norms at medical establishments against both violence and sexual violence against medical professionals is a matter of serious concern. While gendered violence is the source of the more malevolent manifestations of the structural deficiencies in public health institutions, the lack of safety is of concern to all medical professionals. Preserving safe conditions of work is central to realizing equality of opportunity to every working professional. This is not just a matter of protecting doctors. Their safety and well-being as health providers is a matter of national interest. As more and more women join the work force in cutting edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified conditions of work. The constitutional value of equality demands nothing else and will not brook compromises on the health, well being and safety of those who provide health care to others. The nation cannot await a rape or murder for real changes on the ground.

8. Several States, such as Maharashtra4, Kerala5, Karnataka6, Telangana7, West Bengal8, Andhra Pradesh9 and Tamil Nadu10 have enacted legislation

4 See Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage or loss to property) Act 2010

5 See Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to property) Act 2012

6 See The Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act 2009

7 See Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act 2008

8 See West Bengal Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act 2009

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to protect healthcare service professionals from violence and damage to property. All these enactments prohibit any act of violence against medical professionals. The offence is non-bailable and punishable with three years of imprisonment. However, these enactments do not address the institutional and systemic causes that underlie the problem. An enhanced punishment without improving institutional safety standards falls short of addressing the problem effectively.

9. We have attempted to flag here the ground reality indicating the lack of institutional safety standards in health care establishments. A non- exhaustive formulation is set out below:

a. Medical professionals who are posted for night-duties are not provided adequate resting spaces. More often, doctors rest in the patients’ room or in available public spaces. Duty rooms are scant. Separate duty rooms for male and female medical professionals are conspicuous by their absence in most health care establishments;

b. Interns, residents and senior residents are made to perform thirty-six hour shifts in conditions where even basic needs of sanitation, nutrition, hygiene and rest are lacking. There is an absence of uniformity in terms of a standard national protocol. The fear of retribution prevents most health care professionals from questioning the absence of facilities for basic well-being;

c.

9 See Andhra Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act 2008

10 See Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act 2008

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d. Lack of security personnel in medical care units is more of a norm than an exception. More often than not, medical professionals, which includes young resident doctors, interns and nurses are left to handle unruly attenders. Open access to healthcare facilities leaves medical professionals vulnerable to undesirable elements;

e. Medical care facilities do not have sufficient toilet. Most often there is only one common toilet for medical professionals in one department;

f. The hostels or places of stay for medical professionals are situated far from the hospital. Doctors and nurses who have to travel to and from the hospital are not provided transport facilities by the institution. Even within the precincts of the sprawling spaces of public hospitals there is either inadequate or no transportation facilities for the safe commute of professionals;

g. There is an absence or lack of properly functioning CCTV cameras to monitor ingress and egress to the hospital and to control access to sensitive areas;

h. The patients and their attenders have unrestricted access to all places within the hospital, including Intensive Care Units and the doctors resting rooms;

i. Lack of screening for arms and weapons at the entrance of the hospitals;

j. Dingy and ill-lit places within the hospitals;

k. Medical professionals have to shoulder the responsibility of being

both medical and ‘emotional’ caregivers to patients and their Page 7 of 16

relatives. There are no supportive facilities and no training in

communication skills; and

l. Certain spaces within hospitals such as the Intensive Care Unit and

the Emergency Wards are prone to a greater risk of violence because of the severity of medical conditions of patients in these departments.

10.We have in this backdrop formed the view that a national consensus must be evolved – after due consultation with all stake-holders – on the urgent need to formulate protocols governing the issues which this order has highlighted. We have attempted to compose for this purpose a diverse body of persons with experience in healthcare institutions. A National Task Force (NTF) with the following members of the medical profession is constituted:

a. Surgeon Vice Admiral Arti Sarin, AVSM, VSM, Director General, Medical Services (Navy);

b. Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad;

c. Dr M Srinivas, Director, All India Institute of Medical Sciences (AIIMS), Delhi;

d. Dr Pratima Murthy, Director, National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru;

e. Dr Goverdhan Dutt Puri, Executive Director, All India Institute of Medical Sciences, Jodhpur;

f. Dr Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology, GI and HPB Onco-Surgery and Liver Page 8 of 16

Transplantation and Member, Board of Management, Sir Ganga Ram Hospital, New Delhi ; Member, Court of Examiners, Royal College of Surgeons, England;

g. Professor Anita Saxena, Vice-Chancellor, Pandit B D Sharma Medical University, Rohtak. Formerly Dean of Academics, Chief- Cardiothoracic Centre and Head Cardiology Department at All India Institute of Medical Sciences (AIIMS), Delhi;

h. Dr Pallavi Saple, Dean, Grant Medical College and Sir JJ Group of Hospitals, Mumbai; and

i. Dr Padma Srivastava, formerly Professor at the Department of Neurology, AIIMS Delhi. Currently serving as the Chairperson of Neurology at Paras Health Gurugram.

11. The following shall be the ex-officio members of the NTF:

a. Cabinet Secretary, Government of India;

b. Home Secretary, Government of India;

c. Secretary, Ministry of Health and Family Welfare, Government of

India;

d. Chairperson, National Medical Commission; and

e. President, National Board of Examinations.

12.The NTF shall formulate effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals and other cognate matters highlighted in the above

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segments of this order. The NTF shall while doing so, consider the following aspects to prepare an action-plan. The action plan may be categorized 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 medical professionals.

I.

Prevention of violence against medical professionals and providing

safe working conditions

a. Ensuring due security in medical establishments:

i. Triaging departments and places within the hospital based on the degree of volatility and the possibility of violence. Areas such as the emergency rooms and the Intensive Care Units are prone to a greater degree of violence and may possibly need additional security in place to deal with any untoward incident;

ii. A baggage and person screening system at every entrance of the hospital to ensure that arms are not carried inside the medical establishment;

iii. Preventing intoxicated persons from entering the premises of the medical establishment, unless they are patients; and

iv. Training security personnel employed at Hospitals to manage crowds and grieving persons.

b. Infrastructural development:

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i. Provision of separate resting rooms and duty rooms in each Department for (a) male doctors; (b) female doctors; (c) male nurses; (d) female nurses; and (e) a gender-neutral common resting space. The room must be well-ventilated, have sufficient bed spaces, and provide a facility for drinking water. Access to these rooms must be restricted through installation of security devices;

ii. Adopting appropriate technological intervention to regulate access to critical and sensitive areas including through use of bio-metric and facial recognition;

iii. Ensuring adequate lighting at all places in the hospital and, if it is a hospital attached to a medical college, all places within the campus;

iv. Installation of CCTV cameras at all the entrance and exit points of the hospitals, and the corridors leading up to all patient rooms; and

v. If the hostels or rooms of the medical professionals are away from the hospital, provision of transport between 10 pm to 6 am to those who wish to travel to or from their place of stay to the Hospital.

c. Employment of social workers trained in grief and crisis counselling at all medical establishments;

d. Conducting workshops for all employees of medical establishments including doctors, nurses and helpers on handling grief and crisis;

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e.

f.

g.

Constitution of “Employees Safety Committees” composed of doctors, interns, residents and nurses at every medical establishment to conduct quarterly audits on institutional safety measures;

Including additional requirement(s) on institutional safety measures for medical professionals as a criteria for accreditation of healthcare establishments by the National Accreditation Board for Hospitals & Healthcare Providers; and

The possibility of establishing police posts in medical facilities commensurate with the footfall, bed strength and facilities.

II.

a. The Sexual Harassment of Women at Workplace (Prevention,

Prevention of sexual violence against medical professionals:

Prohibition and Redressal) Act 2013 applies to hospitals and nursing homes11 (including private health providers12). In terms of the provisions of the Act, an Internal Complaints Committee must be constituted in all hospitals and nursing homes;

b. The duties of an employer listed under Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 which includes organizing sensitization programmes and providing a safe working space must be discharged; and

11 See Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013; Section 2(o)(iii)

12 See Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013; Section 2(o)(ii)

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c. Ensuring for every medical institution a helpline number for medical professionals which is open 24 x 7 and emergency distress facilities.

13.It is clarified that the phrase medical professionals used in this judgment encompasses every medical professional including doctors, medical students who are undergoing their compulsory rotating medical internship (CRMI) as a part of the MBBS course, resident doctors and senior resident doctors and nurses (including those who are nursing interns). The phrases Medical Establishments/Hospitals/Medical Institutions are interchangeably used.

14.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. Bearing in mind the gravity and urgency of the situation we have included the heads of the National Medical Commission and the National Board of Examinations as Ex-officio members of the NTF. Bearing in mind the national concerns which have been raised over the issue and the high priority which must be given to the creation of safe working conditions in healthcare institutions, we request the Cabinet Secretary to the Union Government to associate with the work of the NTF. The Home Secretary of the Union Government has also been made a member of the NTF in order to facilitate proper co-ordination with the State Governments. The Secretary to the Ministry of Health and Family Welfare of the Government

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of India will be the Member-Secretary of the NTF. 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.

15. The NTF is requested to submit an interim report within three weeks and the final report within two months from the date of this order.

16.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 the following aspects:

a. How many security personnel are employed at each Hospital and each department;

b. Whether there is a baggage and person screening mechanism in place at the entrance of the medical establishment;

c. The total number of resting/duty rooms in the Hospital and specific details of the number in each Department;

d. The facilities provided in the resting/duty rooms;

e. Information on whether all areas of the hospital are accessible to the

general public and if so, with or without any security restrictions;

f. Whether there are CCTV cameras in the hospital. If there are, how many

and in which locations;

g. Whether the institution provides medical professionals training to

appropriately handle the grief of patients. If so, the details of the training must be provided;

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h. Whether social workers who specialize in handling grief of families of the patients are employed at the hospital. If so, the total number of social workers must be provided;

i. Whether there are police posts within the premises of the Hospital or the Medical College Hospital campus;

j. Whether an Internal Complaints Committee in terms of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 has been constituted; and

k. Whether the employer of the establishment has discharged the duties prescribed by Section 19 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013. If so, details of it.

The data as submitted shall be tabulated and filed with an affidavit by the Union Government within one month of this order.

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17.The Central Bureau of Investigation shall submit a status report to this Court by 22 August 2024 on the progress in the investigation of the crime at RG Kar Medical College Hospital. The State of West Bengal shall also file a status report by 22 August 2024 on the progress of the investigation on the acts of vandalism which took place at the Hospital in the aftermath of the incident.

18.The matter shall be listed on 22 August 2024.

New Delhi; August 20, 2024

……………………………………………….CJI [Dr Dhananjaya Y Chandrachud]

………………………………………………….J [J B Pardiwala]

………………………………………………….J [Manoj Misra]

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Supreme Court heard suo motu case in connection with the rape and murder case in which a 31-year-old resident doctor was found dead at the State-run RG Kar Medical College and Hospital in Kolkata, West Bengal*.

Matter to be taken up by a Bench of CJI DY Chandrachud with Justices JB Pardiwala

and Manoj Misra.

CJI: Why we decided to take suo motu though high court was hearing it because

this is not just a case of a horrific murder in kolkata hospital.. but this is about

systemic issue about safety of doctors across India.

CJI: on safety we are deeply concerned that there is virtual absence for safe

conditions for doctors working in hospitals, women doctors, resident and non

resident doctors and the women docs who are more vulnerable.. the young docs

have to put in long hours.. no separate rest and duty room for men and women

doctors and we need to evolve a national consensus for a standard national

protocol for safe conditions of work. ultimately what is equality under the

constitution if women cannot be safe in their workplace

CJI: the protocol cannot be on paper but enforceable across india. Regarding

Kolkata, we are deeply concerned that the name of the victim and the photo,

video of the deceased is published all across media.. the graphic shows her body

which was after the incident.. there are judgments of the court which says names

of sexual survivors cannot be published.

CJI: after the crime was detected early hours of morning, the principal tried to

pass this off as a suicide and parents were not allowed to see the body

Sibal: this is not correct CJI: until late night there was no FIR

CJI: did FIR say it was a murder Sibal” inquest shows it was a case of murder CJI: but until late night there is no FIR saying it is a clear case of murder? Sibal: we got the accused who was a civic volunteer..

CJI: how did the principal try to pass this off as a suicide

Sibal: unnatural death case was registered immediately which is a FIR.. inquest

was done

The body was passed to parents in evening for cremation.. then next day doctors

are protesting and a mob invaded the hospital and critical facilities were damaged

and what was KolkataPolice doing? the crime scene is in the hospital. police has

to protect the crime scene ..what are they doing

SG: 7000 people cannot enter a place without know how of the police

CJI: when the conduct of the principal is under scrutiny how was the principal

appointed as a principal of another college immediately. CBI needs to file a status

report on this thursday and let it apprise us about the status and since it is

sensitive stage, let it be given only to us. Today we will pass an order

CJI: We are setting up a national task force which will have doctors from diverse

backgrounds who will suggest modalities to be followed all across India so that

safety conditions of work is there and young or middle aged doctors are safe in

their work environment. We request doctors to resume work and if patients lose

their life.. we appeal to doctors that we are here to ensure their safety and security

Justice JB Pardiwala: who is the first informant who lodged the FIR and also tell

us the time..

Sibal: the father of the deceased.. the UD report was made then.. then by the vice

principal of hospital

Justice Pardiwala: what is section 174 of old crpc today… can someone tell us.

there cannot be two complaints for the same FIR..

Sibal: it was at 11:45 pm

CJI: when was the body handed over for cremation

SG: around 8:30 pm..

CJI: Then FIR is at 11:45 pm and that is 3 hours after the cremation

SG: you do not need a medical board for filing a FIR..

Sibal: they made the complaint at 11:45..they were in shock. they wanted post

mortem and it was done. all videographed.

CJI: autopsy revealed that the doctor was murdered and the FIR was registered

at 11:45 pm ?? what were the authorities at the hospital doing??

Sibal: the concern is how photos reached the media we did not.. people were

there who did all of this. immediately an unnatural death case was registered.. a

judicial magistrate was present and all videographed..

CJI: parents were not there when the murder took place in hospital.. Sibal: UD report was at 2:45 pm

SG: Let us not trivialise this.. we are dealing with a doctor who was not only raped

by a sexual pervert and dealt with by an animal like accused.. let us not make this

a political issue and I request state of WB to not be in a denial mode.. doctors

have a grievance as they lost a colleague.. almost 23 states have legislations which

prevent damage to medical facilities and attack on doctors.. the taskforce can get

into this area as well.. another thing is that if we want 500 people to come into

an auditorium we need to make efforts… but here it is 7000 people who entered

the facility and damaged..

SG: West Bengal has an incharge DIG who is already being considered by your

lordships to have allegedly fabricated evidence in the Sarada case. let it not be

done by this person

Sibal: this is the kind of misinformation we are having at the moment CJI: What do you want to do with the principal

Sibal: whatever the court wants to do will be done.

CJI: Let CBI submit status report.

CJI: is the principal on leave or suspended?

Sibal: SIT is also constituted and he is on leave as directed by high court. SG: whatever is shared by state must be given to CBI..

Sibal: whatever is on social media is not correct

CJI: We will indicate our broad parameters of our intervention. Let not the power of state

of west bengal be UNLEASHED ON PEACEFUL PROTESTERS. Whether doctors, or civil

society.. let there not be power of state be unleashed on them at all.

Sibal: they say pelvic collar bone broke.. false. mob with help of police.. false. disruption of

protesters false.

CJI: but there is unexplained delay in registration of FIR. State must ensure that

those vandalised..

Sibal: 37 arrested and 50 FIRs have been filed

SG: These 50 FIRs?? this is precipe for non investigation

[ORDER]

CJI: On Aug 9 a doctor who was on 36 hour shift was raped and murdered in RG Kar medical college and hospital. the pictures and videos of the deceased were circulated. On Aug 13 the case was transferred to CBI by the High Court. There were protesters all

across the state. On 12:30 am on aug 15 a large mob vandalised the emergency ward and other areas of the hospital. Following this IMA called for nationwide withdrawal of emergency services for 14 hours. The state was expected to deploy state machinery to maintain law and order and protect crime scene. we are UNABLE to comprehend why

the state could not do so.

CJI: medical professional have to brace various forms of violence. They work round the clock. the work conditions have made them susceptible to violence. in may 2024 on duty doctors were attacked in west bengal who died later. a nurse in bihar was pushed by kin of a patient..another doctor was attacked in hyderabad. this is a sign of potent failure and systemic failure for working conditions of doctors. due to ingrained patriarchal biases, the relatives of patients are more likely to attack the women doctors and they are more susceptible to sexual violence too and Aruna Shanbaug case is a case in point.

Gender violence shows lack of safety for women in the syste.

CJI: protecting safety of doctors and women doctors is a matter of national interest and principle of equality does not demand anything less. The nation cannot await another rape for it to take some steps. There are legislations in state to protect medical professionals but they do not address the systemic issues. We are highlighting lack of institutional safety for medical professionals: no resting step for doctors on late night medical duty… no rest rooms for doctors.. Interns, residents and non-residents undergo

36 hour shifts where basic conditions of hygiene etc is not present..

CJI: Nurses and female doctors are left to attend unruly people, no restroom facilities for the doctors, no transport for the doctors to reach back home after long shifts, no properly functioning CCTV cameras, lack of screening for arms and ammunitions, access of patient family members all across the hospitals.

1.

CJI: A national consensus must be evolved.. thus we are putting together a list of

members as part of National Task force

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 dept, AIIMS Ex officio members of the

national task force:

Cabinet Secretary to govt of india

Home secretary to govt of india secretary

Union health ministry chairperson of national medical commission

president of national board of examiners.

2. 3. 4. 5. 6. 7. 8.

9. 10. 11.

CJI: The taskforce shall look into safety, wellbeing of medical professional and

other cognate matters highlighted.

The NTA shall consider following to prepare action plan: prevent gender based violence, prepare national plan to prepare dignified working of interns, resident,

non resident doctors:

1. areas of emergency room may need additional security

2. baggage screening needed to prevents arms from entering 3. not allowing persons beyond a limit if they are not patients

4. security to manage crowd

5. have rest rooms for doctors and gender neutral spaces for resting of doctors,

nurses

6. such areas to have biometrics and facial recognition

7. proper lighting of all areas, installation of CCTV in all places

8. transport from 10 pm to 6 am for medical professions

9. conducting workshops for handling grief and crisis

10. quarterly audits of institutional safety measures

11. establishing police force commensurate with footfall

12. POSH Act applies to medical establishments thus ICC to be constituted.

13. helpline number to be there for emergency of medical professions

CJI: The phrase medical professionals in this judgment encompasses every medical professional including doctors, medical students who are undergoing their compulsory rotating internships, resident, senior resident doctors, nurses including nursing interns.

CJI: The NTF shall make report on all aspects of the action plan mentioned as above and the other aspects could also be included. NTF shall also suggest appropriate timelines

based on which suggestions can be implemented by the hospitals on the basis of their

existing infrastructure.

CJI: NTF is requested to furnish interim report in three weeks and final report within 2 months of date of this order. All states/UTs through their secretaries in health departments and the union govt through secretary in ministry of health must collate info from all hospitals run by the states and the central govt om following aspects:

1. How many security professionals are employed at each hospital? 2. Whether there is baggage screening at entry

3. Number of resting rooms

4. Facilities provided in such rooms

5. If all areas in hospital can be accessed by cctv 6. Training for hanging grief of patients

7. If there are police outposts outside the hospital 8. If ICC as per POSH is in place

This data shall be tabulated and submitted by central govt within a month by way of an affidavit.

CBI shall submit a status report by August 22. 2024 on the progress of investigation of crime. State of WB to furnish a report by Aug 22 on the progress of investigation on acts of vandalism which occurred in the hospital in the aftermath of the incident at RG Kar medical college and hospital