Judgment Intelligence
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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
2024 INSC 613
SMW (Crl) No. 2 of 2024
- Court
- Supreme Court of India
- Date of Decision
- 20 August 2024
- Bench
- Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra
- Relevant Acts & Sections
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - Sections 2(o) and 19; State Medicare Service Persons (Prevention of Violence) Acts
Final Outcome
Directions issued: a National Task Force constituted, hospital safety data called for within one month, the CBI and West Bengal to file status reports, and the matter listed on 22 August 2024 (paras 10, 16-18).
Source Supreme Court of India, www.sci.gov.in — order dated 20.08.2024
Case explainer by NyayVidhan: an account of this judgment and the law it laid down, not the court's text. The judgment itself is the authoritative version.
Brief Facts
On 9 August 2024 a postgraduate doctor on duty was murdered, and allegedly raped, inside the seminar room of the hospital; her name and images were then circulated on social media (para 1). Writ petitions were filed in the Calcutta High Court, and it has been alleged that her parents were first told she had committed suicide and that the FIR was registered late, and on 13 August the High Court transferred the investigation to the CBI (paras 2-3). Protests spread across the country, a mob vandalised the hospital's Emergency Ward on 15 August, and the Indian Medical Association called a 24-hour withdrawal of services (para 4).
Court's Findings
The Court could not comprehend how the State was unprepared for the vandalism of a hospital where a crime was under investigation (para 5). Open access to hospitals and anger over patients' deaths have made medical staff targets of violence, a portent of systemic failure to protect them (para 6). Women professionals face added risk, including sexual violence by colleagues and superiors within medical hierarchies, and safe conditions of work are central to equality of opportunity (para 7). State laws punishing violence against medical staff do not address its institutional causes (para 8). The Court listed the failures on the ground: scant duty rooms, thirty-six hour shifts, few guards, no weapons screening, missing CCTV, dingy spaces and no transport (para 9). A national consensus on protocols must be evolved after consulting all stakeholders (para 10). The Task Force is to plan for preventing violence, including gender-based violence, and for an enforceable national protocol of dignified and safe working conditions (para 12). The 2013 workplace sexual harassment law applies to hospitals, which must have Internal Complaints Committees (para 12).
Legal Principle
Safe and dignified working conditions for doctors, nurses and other medical professionals flow from the constitutional value of equality; since enhanced punishment alone does not cure the institutional causes of violence against them, the Court may constitute an expert body to recommend a national protocol (paras 7-8, 10).