Authored By: Kanchan Ahirwar
Sage University Bhopal
- Case Title & Citation
- ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES
- Official citation -2024 INSC 613
- Name of Court -Supreme Court of India
- Name of JUDGES- HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE J.B. PARDIWALA
HON’BLE MR. JUSTICE MANOJ MISRA
- Bench type -Division Bench
- Date of Judgment: August 22, 2024
- Exact date when the judgment was delivered-August 20, 2024
- Parties Involved
- Brief description of the petitioner- By courts motion
- Brief description of the respondent-Union of India, state of west Bengal
- Facts of the Case
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. The incident came into public attention through media coverage. Unfortunately, the name and pictures of the victim were shared on social media platforms, ignoring her dignity and right to privacy. The brutal nature of the assault and the crime deeply disturbed public conscience.
After this incident, the parents of the deceased approached the Calcutta High Court. They requested that the Court monitor the investigation and examine the role of hospital authorities, including the principal of the medical college and other concerned officials, through a special investigation team. The parents alleged that they were first told their daughter had died by suicide. They were not allowed to see her body for several hours, and the FIR for murder was filed only after a considerable delay by the police.
By an order dated 13 August 2024, the Calcutta High Court transferred the investigation of the incident to the Central Bureau of Investigation (CBI). The brutal occurrence led to widespread protests and agitations across the country, organized by doctors’ associations, student unions, and various civic groups. In response, medical associations called for strikes, resulting in doctors withdrawing from their regular duties. Only emergency medical services were kept functional round the clock, while all other healthcare services were suspended. The nationwide protests following the tragic incident at RGC Medical College highlighted serious concerns about the lack of institutional safety and protection for doctors working in hospitals.
- Chronological order
Incident – FIR- writ petition in Calcutta high court- transfer of investigation to CBI-Suo moto cognizance by Supreme court
- Issues Raised
1.What measures can be taken to ensure the safety and security of medical practitioners while performing their duties?
2.How can the harassment and abuse faced by doctors, particularly women doctors, be effectively prevented?
3.What role can a national task force or other institutional mechanisms play in improving the working conditions and protection of medical staff?
- Judgment / order
The Supreme Court observed that violence against medical professionals has become a recurring issue and that the absence of adequate security and infrastructure in hospitals directly affects the delivery of healthcare. The Court emphasized that the safety and well-being of doctors and nurses are of paramount importance and form an integral part of the right to work with dignity.
Accordingly, the Court directed the formation of a National Task Force (NTF) to develop a comprehensive framework for the protection and welfare of medical professionals. The NTF consists of senior officials and eminent doctors from reputed medical institutions, along with ex-officio members such as the Cabinet Secretary, Home Secretary, and Secretary of the Ministry of Health and Family Welfare.
The NTF was instructed to prepare an action plan focusing on two main objectives:
1.Prevention of violence, including gender-based violence against medical professionals; and
2.Providing enforceable national protocols for dignified and safe working conditions for all medical staff.
The Court suggested detailed measures such as:
- Screening and security systems at hospital entrances;
- Installation of CCTV cameras and proper lighting;
- Provision of separate rest and duty rooms for male, female, and gender-neutral staff;
- Safe transport between hostels and hospitals, especially at night;
- Constitution of “Employees Safety Committees” and Internal Complaints Committees under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013; and
- Creation of 24×7 helpline numbers and sensitization programs.
The Union and State Governments were directed to provide data on security measures, infrastructure, and compliance with the 2013 Act within one month.
The CBI was also directed to submit a status report on the investigation into the incident at R.G. Kar Medical College, and the State of West Bengal was asked to report on the acts of vandalism that followed.
The matter was ordered to be listed on 22 August 2024 for further hearing.
- Legal Reasoning / Ratio Decidendi
The Supreme Court’s reasoning in this order stems from the constitutional guarantee of the Right to Life with Dignity under Article 21 of the Constitution of India. The Court interpreted this right as encompassing the safety, dignity, and well-being of medical professionals while performing their duties.
The Court observed that healthcare workers are indispensable to the functioning of society and that their protection is directly linked to the effective realization of the right to health for citizens. Therefore, any form of violence, harassment, or unsafe working environment for doctors violates not only their individual rights but also the larger public interest protected under Article 21.
The Court applied a welfare-oriented interpretation of the Constitution, emphasizing the State’s duty under Articles 38, 39, and 42 to ensure humane working conditions and safeguard the dignity of labor. The order further drew upon the principles of gender equality under Articles 14 and 15, highlighting the need for gender-sensitive infrastructure and internal redressal mechanisms.
Thus, the ratio decidendi of this order lies in recognizing that protection of medical professionals is an essential component of the constitutional right to life and dignity, and the State bears a continuing obligation to create safe, equitable, and respectful workplaces in healthcare institutions.
9.Conclusion / Observations
Through this order, the Supreme Court recognized that protecting the dignity and safety of medical professionals is vital for sustaining public health services. The Court’s directions aim to institutionalize preventive and safety mechanisms rather than reacting only after tragedies occur. By constituting a National Task Force and calling for nationwide data, the order lays the foundation for creating secure, gender-sensitive, and dignified workplaces for all healthcare professionals across India.
