“Devil Lies In Fine Print”: Chief Justice Grills Bengal On Doctors’ Safety

The West Bengal government has faced tough questions in the Supreme Court on the steps it has taken to beef up security in the state’s medical colleges in the aftermath of the horrific rape-murder of a 31-year-old at Kolkata’s RG Kar Medical College and Hospital.

As the Bengal government’s counsel, Senior Advocate Kapil Sibal listed the state government’s steps to step up security at hospitals during a hearing on Tuesday, Chief Justice of India DY Chandrachud questioned why contractual staff, and not regular cops, were on security duty at the hospital. The Chief Justice also pointed to the fact that Sanjoy Roy, the accused in the doctor’s rape-murder, was a civic volunteer who had unfettered access to every corner of the hospital.

The Chief Justice asked if the new security personnel deployed at the hospitals were regular cops or contractual staff under the state government’s Rattirer Sathi (night companion) programme to ensure the safety of women healthcare staff. Mr Sibal replied that they were cops, and clarified that contractual staff on security duty was a short-term measure and would be replaced by regular cops.

The Chief Justice replied, “You know, Mr Sibal, what really happened was this. The accused was drawn from the volunteer force. If you are going to have another set of contractual people… these contractual people will be trained for seven days and then they will be walking all around in the hospital. What is the protection young doctors have, particularly the women doctors, with these contractual staff walking around at night in the hospital?”

When Mr Sibal replied that these security personnel would be deployed in addition to regular cops, the Chief Justice said, “Let’s face it, the crime is alleged to have been carried out by a volunteer who is posted at the hospital.”

Mr Sibal then said that security personnel deployed at hospitals now are not civic volunteers, but from a security agency the state government has hired and proper verification is done before they are recruited. The Chief Justice then asked if these personnel were undergoing psychological assessment.

“Women doctors have a feeling of insecurity. They don’t know who these people are,” the Chief Justice said.

Mr Sibal replied that CISF personnel are currently deployed at the RG Kar Medical College and the junior doctors, who are on a ‘cease work’ protest can join duty. “CISF will be there for a short time,” the Chief Justice replied. Mr Sibal said the state government will make arrangements by then.

As the counsel representing the doctors pressed that they want regular cops on duty, the Chief Justice told the state government, “The whole problem when you entrust security to contractual staff, particularly in hospitals, where people are on duty for 36 hours, there is virtually no protection for them.”

When Mr Sibal said there is a police outpost in every hospital, the Chief Justice replied, “Notwithstanding a police outpost, the FIR was delayed.”

When Mr Sibal responded that the state government would disband Rattirer Sathi if the court wanted that, the Chief Justice said, “It’s not a question of the court wanting it, we are not in charge of governance.” Mr Sibal said the court must have some confidence in the state machinery.

The Chief Justice said young students come to government medical colleges to pursue medicine. “These are young girls straight of 12th standard who are going to be there for five years. We are dealing with young people in the age group of 18-23 years. They are particularly vulnerable and they have to be protected,” he said, stressing that in the 45 medical colleges in the state, regular cops must be on duty.

The bench said that the protesting doctors have “no great pleasure in abstaining from work”. They are abstaining because with these contractual people, they have a new source of insecurity, it said.

“Ultimately, the devil lies in the fine print. You say you will sanction funds, duty rooms are being constructed… the collector, district magistrate and police superintendent must oversee that these (security) arrangements are in place,” the Chief Justice said, adding that an SOP must be followed to identify locations for CCTVs. “They must cover areas where female doctors rest, the bathrooms they use because these are areas where they are vulnerable.” Mr Sibal said they have an SOP in place.

The junior doctors protesting against the August 9 incident and demanding security at work have welcomed the Supreme Court’s observations and said they have been against putting volunteers with seven-day training on security duty. “It is clear that this security arrangement that relies on contractual staff is not suitable,” a statement by West Bengal Junior Doctors’ Front said.

Contractual Security Staff Under Scanner

The August 9 rape-murder of a doctor at a Kolkata hospital and the arrest of a civic volunteer as the main accused put the spotlight on this workforce. An initiative started by Mamata Banerjee after she came to power, civic volunteers were roped in to assist regular cops. According to the website of the Chief Minister’s Office, there are more than 1.19 lakh civic volunteers in Bengal now.

The criteria to be a civic volunteer are simple — the candidate must have studied till Class VIII, be medically fit and not have a criminal record. There are no written tests and the Opposition alleges that proximity to Trinamool leaders is enough to get the job.

Sanjoy Roy, the main accused in the RG Kar case, was a civic volunteer but enjoyed access to every corner of the state-run hospital round the clock. He roamed about in a bike with a ‘Kolkata Police’ sticker, wore a ‘Kolkata Police’ t-shirt and often stayed at police barracks — all this despite not being a policeman.

Dipak Burman, BJP MLA from Falakata, told The Telegraph that civic volunteers are recruited only on the basis of their proximity to the ruling party.

“Most of the inspectors-in-charge and sub-inspectors move around with three to five civic police these days. Their jobs are to run personal errands for the cops, extort money on their behalf, run surveillance on Opposition politicians. And whenever Mamata Banerjee addresses a public meeting or attends a government programme in the districts, they discard the uniform and turn up as Trinamool supporters to fill the venue cheering loudly.”

“There are no written tests, there are no interviews. Who decides who is fit to be a civic volunteer? The ruling party provides a list and the recruitments take place,” CPM leader Sujan Chakraborty told The Telegraph. “The situation is such that the civic police are controlling the police because of their proximity to the political bosses. The policing system has been completely destroyed,” he said.