LexIN RE: ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES VERSUS versus
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[2024] 8 S.C.R. 1047 : 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 (SMW (Crl) No. 2 of 2024) 20 August 2024 [Dr Dhananjaya Y Chandrachud, CJI, J.B. Pardiwala and Manoj Misra, JJ.] 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. Headnotes† 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 well- being 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 1048 [2024] 8 S.C.R. Digital Supreme Court Reports recommendations concerning safety, working conditions and well- being of medical professionals and other matters as highlighted and prepare an action-plan w.r.t preventing violence, including gender- based 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 https://medicaldialogues.in/news/health/doctors/mob-attack- 2-surgeons-brutally-attacked-afterpatient-death-admitted-in- icu-128063;https://timesofindia.indiatimes.com/india/pregnant- womans-death-sparks-violence-by-kin-nursethrown-off-1st- floor-of-bihar-nursing-home/articleshow/110475737.cms;https:// indianexpress.com/article/cities/hyderabad/hyderabad-doctor- attacked-in-hospital-byattendants-after-patient-dies-8604280/. List of Acts Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013; Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage or loss to property) Act 2010; Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to property) Act 2012; The Karnataka Prohibition of Violence Against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act 2009; Telangana Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act 2008; West Bengal Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act 2009; Andhra Pradesh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act 2008; Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act 2008. [2024] 8 S.C.R. 1049 In Re: Alleged Rape and Murder Incident o
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