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Amid spiralling nation-wide protests over the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital, the Supreme Court on Tuesday constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals.
Terming the incident as "horrific", the apex court excoriated the state government over the delay in filing the FIR and allowing thousands of miscreants to vandalise the state government-run facility.
It also asked the West Bengal government to not unleash the "power of the State" on peaceful protesters and to deal with them with "great sensitivity in this moment of national catharsis".
The 10-member task force headed by Vice Admiral Arti Sarin has been asked to submit its interim report within three weeks.
The Supreme Court, which directed the Central Bureau of Investigation (CBI) to submit a status report on the progress made in its investigation into the killing, also asked the state government to submit a report on the action it has taken against the vandals.
The court also expressed its deep concern over the name of the victim, her photographs and video clips showing her lifeless body having been splashed all over the media.
Taking a serious note of mob violence in the hospital and the allegation that the Kolkata police fled the scene, the top court ordered deployment of Central Industrial Security Force (CISF) at the hospital to enable doctors to resume work.
"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 vandalisation of the premises of the hospital," the top court said.
The bench headed by Chief Justice DY Chandrachud criticised the ex-principal of RG Kar Medical College Dr Sandip Ghosh for trying to pass off the case as that of suicide and not letting the parents of the deceased to see her body for several hours.
"What was the principal doing? Why was this inaction to first pass this as suicide and not registering an FIR. Body is handed to the parents for cremation late in the night. On the next day, the doctors are on protest and a mob assembles at the hospital.
"The hospital is invaded and critical facilities are damaged. What was the police doing? A serious offence has taken place and the crime scene is within the hospital. The police should have protected the crime scene. How can the police allow vandals to enter the hospital. After the principal resigned, he is sent to another hospital. When his conduct was under scrutiny, how was he appointed to another college immediately," the bench, also comprising justices JB Pardiwala and Manoj Misra, observed.
The bench said what has taken place in Kolkata is not just a horrific murder but an incident which has raised systemic issues about the safety of doctors.
"We are deeply concerned that there is a virtual absence of safe work conditions across the country, particularly in public hospitals. Most of the young doctors have to put in 36 hours of work.
"We find that there are no duty rooms available, or separate restrooms for men and women doctors and nursing staff. We must evolve a national consensus that there must be a national standard protocol so that safe work conditions are provided," the bench said.
If women cannot go to their place of work safely, then we are denying them equality, the apex court said.
Senior advocate Kapil Sibal, appearing for the West Bengal government, refuted the observations and submitted that Kolkata police took all necessary action. He said he will place on record all the facts.
"Photos and videos were circulated before the police reached the crime scene. We didn't allow anything to happen and cordoned off the area. Inquest was done and a case of unnatural death was registered immediately. We caught the culprit who was a civic worker. This is not adversarial litigation," Sibal told the court.
Solicitor General Tushar Mehta said a mob of 7,000 people could not have assembled at the hospital without the knowledge and consent of the police.
"Let the West Bengal government not be in denial mode, there is complete failure of law and order in the state. A girl has lost her life due to a sexual pervert and an animal," Mehta said.
Sibal said over 50 FIRs have been registered following the vandalism incident and 37 people have already been arrested.
The top court asked the West Bengal government to not take coercive action against people holding peaceful protests and speaking up on social media.
"Let not the power of the state of West Bengal be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis," the apex court said.
Sibal said a lot of misinformation is being spread in the media about the case and the state government is only taking action against those involved in it.
The court then said, "We expect that West Bengal government shall observe necessary restraint in the face of peaceful protests being conducted by any quarter of the society bearing on the issues which form the subject matter of the incident in Kolkata."
The trainee doctor's body with severe injury marks was found inside the seminar hall of the hospital's chest department on August 9. A civic volunteer was arrested by the Kolkata police the following day for his alleged involvement in the rape-murder incident.