New Delhi, Mar 17 (UNI) The Supreme Court on Monday deferred the hearing on the recommendations made by the National Task Force (NTF) regarding the safety of healthcare professionals, rescheduling the matter for the third week of May.

The matter was listed before a bench comprising Chief Justice of India (CJI) Sanjiv Khanna, Justice Sanjay Kumar and Justice Joymala Bagchi.

The bench directed to list the matter in the week commencing May 13 which means that the case will be heard by a different bench on the next scheduled date, as CJI Khanna is set to retire on May 13.

The NTF, a nine-member panel consisting of eminent doctors and healthcare administrators, was constituted by the apex court in response to the shocking rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata in August last year. The gruesome incident led to widespread public outrage, prompting the Supreme Court to take suo motu cognisance of rising violence against medical professionals.

During the brief hearing, the Apex Court also permitted the parents of the slain doctor to continue pursuing their petition before the Calcutta High Court for a further probe by the Central Bureau of Investigation (CBI) into the case.

While the main accused, Sanjay Roy, was sentenced to life imprisonment by a Sealdah sessions court on January 20, the victim's parents have sought further investigation to determine the involvement of other possible perpetrators. Their plea, initially filed in the Supreme Court through senior advocate Karuna Nundy, was directed to the jurisdictional high court, where the CBI's appeal for the death penalty against Roy is also pending.

In its detailed report submitted to the Supreme Court in November last year, the NTF concluded that a central law specifically addressing violence against healthcare professionals was unnecessary. The task force found that the existing legal framework, including state laws and the recently enacted Bharatiya Nyaya Sanhita (BNS), 2023, provides sufficient safeguards for medical personnel.

The report highlighted that 24 states have already enacted laws to curb violence against healthcare professionals, while two more states are in the process of introducing similar legislation. For states without such laws, the NTF recommended that authorities rely on the BNS provisions to ensure the safety and security of medical professionals.

The task force further noted that minor offences occurring in hospital settings are adequately covered under state legislations, which also define the scope of "healthcare institutions" and "medical professionals."

For more serious crimes involving grievous harm or threats to life, the stringent legal remedies provided under BNS, 2023, were deemed sufficient.

While rejecting the need for fresh legislation, the NTF recommended several security measures to enhance the safety of medical professionals within healthcare institutions.

Key proposals included Security Committees which suggested the establishment of hospital security committees comprising representatives from various departments to conduct routine security audits and identify vulnerabilities.

The other recommendation made are that the Centralized Security Control Rooms should be made in the hospitals with over 500 beds, and round-the-clock security control rooms to monitor premises and respond to emergencies and set up Quick Response Teams (QRTs), Deployment of QRTs for immediate intervention in security incidents.

Among other recommendations are Installation of CCTV cameras in high-risk areas such as entry points, emergency rooms, and intensive care units.

Hospitals experiencing network blind spots were urged to resolve connectivity issues to ensure seamless emergency communication.

Regular police patrols and on-site outposts for hospitals with a history of security threats. Nodal officers should be designated to coordinate with law enforcement agencies for timely complaint registration and FIR filing.

The NTF also addressed the specific security challenges faced by women in the healthcare sector, especially those working night shifts or in isolated areas. Recommendations included forming mandatory Internal Complaints Committees (ICCs) in all healthcare institutions under the Protection of Women from Sexual Harassment (POSH) Act, 2013.

It also included Promotion of the Sexual Harassment Electronic Box (SHe-Box), an online platform for women to file complaints about workplace harassment, improved lighting, secure duty rooms, and transport arrangements for female staff working late hours.

The debate over whether a central law is needed to protect healthcare professionals has persisted for years. In February 2023, then Union Health Minister Mansukh Mandaviya informed the Rajya Sabha that the government had decided against a standalone law on the matter. Instead, the government relied on the Epidemic Diseases (Amendment) Act, 2020, which was enacted during the COVID-19 pandemic.

Under the amended Act, offenders convicted of violence against healthcare workers face imprisonment ranging from three months to five years, along with fines between ₹50,000 and ₹2 lakh. In grievous harm cases, penalties increase to six months to seven years of imprisonment and fines between ₹1 lakh and ₹5 lakh. The law also mandates compensation for victims and requires offenders to pay twice the fair market value for damaged property.

Meanwhile, the parents of the slain doctor continue to push for a deeper probe into their daughter's tragic case, seeking justice beyond the initial conviction.

UNI SNG CS