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Supreme Court of India

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

Citation
2024 INSC 613
Decided
20 August 2024
Disposal
Directions issued

Holding

The Court held that the lack of institutional safety norms in healthcare establishments constitutes a serious constitutional concern and therefore constituted a National Task Force to devise comprehensive safety and working‑condition protocols for medical professionals.

Summary

The Supreme Court, hearing a suo motu writ petition concerning the murder and alleged rape of a 31‑year‑old trainee doctor at R.G. Kar Medical College Hospital, Kolkata, observed that the incident and subsequent mob vandalism highlighted systemic failures in ensuring safety for medical professionals. The Court noted that existing state legislation against violence on healthcare workers does not address underlying institutional deficiencies such as inadequate resting facilities, lack of security personnel, unrestricted public access, and absence of gender‑sensitive safeguards. It held that the lack of institutional safety norms violates the constitutional right to life and equality, especially for women doctors. Consequently, the Court constituted a National Task Force comprising senior medical experts and ex‑officio government officials to formulate a comprehensive action‑plan on preventing violence and ensuring safe working conditions. The Court also directed the CBI and the West Bengal government to submit status reports on the criminal investigation and ordered the Union and State governments to furnish detailed data on safety measures in hospitals, with interim and final reports from the Task Force within specified timelines.

Issues considered

  • The absence of institutional safety standards for medical professionals violates constitutional rights such as the right to life and equality.
  • Whether existing state statutes on violence against healthcare workers are sufficient to address systemic safety failures.
  • Whether the Supreme Court can direct the formation of a National Task Force to recommend safety protocols for medical establishments.
  • The scope of the Court’s suo motu jurisdiction in ordering investigations and data collection from State and Union authorities.

Legislation cited

Subjects

R.G. Kar Hospital CaseTrainee doctorRapeMurderHealth care establishmentsInstitutional safety standardsMedical professionalsWomen medical professionalsHealthcareNational Task ForceViolenceDamage to propertySafety of doctorsHealth providersInvestigation transferred to CBIVandalization of hospital

Judgment

            [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
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    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 of A Trainee Doctor In R.G.
 Kar Medical College and Hospital, Kolkata and Related Issues Versus

                            List of 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.
                           Case Arising From
     CRIMINAL ORIGINAL JURISDICTION: SMW (Criminal) No. 2 of 2024
     (Under Article 32 of The Constitution of India)
                         Appearances for Parties
     By Courts Motion.
     Tushar Mehta, SG, Kapil Sibal, Dr. Menaka Guruswamy, Maninder
     Singh, Sr. Advs., Madhav Sinhal, Arkaj Kumar, Ms. Swati Ghildiyal,
     M.K. Maroria, Sanjay Basu, Ms. Astha Sharma, Srisatya Mohanty,
     Nipun Saxena, Ms. Anju Thomas, Ms. Aparajita Jamwal, Sanjeev
     Kaushik, Ms. Mantika Haryani, Shreyas Awasthi, Utkarsh Pratap,
     Ms. Pratibha Yadav, Ms. Lihzu Shiney Konyak, Ms. Ripul Swati
     Kumari, Lavkesh Bhambhani, Ms. Arunima Das, Devadipta Das,
     Archit Adlakha, Aditya Raj Pandey, Mehreen Garg, Prabhas Bajaj,
     Rishav Rai, Rithvik Mathur, Advs. for the Respondent.
     Ms. Aparajita Singh, Vijay Hansaria, Sanjay Hegde, Ms. Karuna
     Nundy, Bikash Ranjan Bhattacharya, Ms. Shashi Kiran, Raghenth
     Basant, Mahesh Jethmalani, Sr. Advs.,Ms. Vrinda Bhandari, Ms.
     Pragya Barsaiyan, Ms. Anandita Rana, Ms. Vanshita Gupta, Madhav
     Aggarwal, Ms. Sayantani Basak, Ms. Sneha Kalita, Ms. Kavya Jhawar,
     Ms. Nandini Rai, Omana Kuttan KK, Ms. Rambha Singh, Akhilesh
     Kr Mishra, Satayam Singh, Sanjeev Gupta, Thomas Oommen, Rajiv
     Ranjan, Mudrika Tomar, Amit Kumar Sharma, Tusharika Sharma,
     Sheetal Rajput, Samim Ahmed, Supratik Sarkar, Arnab Sinha, Bikram
     Banerjee, Imtiaz Ahmed, Sudipto Dasgupta, R.M. Patnaik, Arvind,
     Rohit Pandey, Ujjawal Gaur, Ms. Munisha, Ms. Astha Srivastava,
     Amit Mishra, Ms. Sangeeta Bhalla, Ravi Raghunath, Ms. Kaushitaki
     Sharma, Shoumendu Mukherji, Ms. Mohini Priya, Jamshed Mistry,
     Sunil Khattri, Firdous Samin, Gopa Biswas, Ms. Jhuma Sen, Anirudh
     Sanganeria, Phiroze Edulje, Anjan Datta, Ms. Ishitta Srivastava,
     Vishal Arun Mishra, Ms. Sumon Pathak, V.J. Pushpakumar, Ibrahim
     Ahmed, Adarsh Kumar, Vishal Tiwari, Advs. for the Intervenors.
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                Judgment / Order of the Supreme Court

                                  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 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
[2024] 8 S.C.R.                                                                                    1051

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

       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
       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.



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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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 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 Maharashtra, 4 Kerala, 5 Karnataka, 6
      Telangana,7 West Bengal,8 Andhra Pradesh9 and Tamil Nadu10 have



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
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
[2024] 8 S.C.R.                                                          1053

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

     enacted legislation 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.    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;
     d.    Medical care facilities do not have sufficient toilet. Most often
           there is only one common toilet for medical professionals in
           one department;
     e.    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
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          spaces of public hospitals there is either inadequate or no
          transportation facilities for the safe commute of professionals;
     f.   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;
     g.   The patients and their attenders have unrestricted access to all
          places within the hospital, including Intensive Care Units and
          the doctors resting rooms;
     h.   Lack of screening for arms and weapons at the entrance of
          the hospitals;
     i.   Dingy and ill-lit places within the hospitals;
     j.   Medical professionals have to shoulder the responsibility of
          being both medical and ‘emotional’ caregivers to patients and
          their relatives. There are no supportive facilities and no training
          in communication skills; and
     k.   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;
[2024] 8 S.C.R.                                                     1055

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

     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
           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 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.
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    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:
              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
[2024] 8 S.C.R.                                                                             1057

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

                      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;
               e.     Constitution of “Employees Safety Committees” composed
                      of doctors, interns, residents and nurses at every medical
                      establishment to conduct quarterly audits on institutional
                      safety measures;
               f.     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
               g.     The possibility of establishing police posts in medical
                      facilities commensurate with the footfall, bed strength
                      and facilities.
        II.    Prevention of sexual violence against medical professionals:
               a.     The Sexual Harassment of Women at Workplace
                      (Prevention, 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,



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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               Prohibition and Redressal) Act 2013 which includes
               organizing sensitization programmes and providing a safe
               working space must be discharged; and
          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 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.
[2024] 8 S.C.R.                                                       1059

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

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;
     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.
1060                                                       [2024] 8 S.C.R.

                        Digital Supreme Court Reports


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.

     Result of the case: Directions issued.



     †
         Headnotes prepared by: Divya Pandey


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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 — 2024 INSC 613 - Legal Desk AI