Supreme Court Writ for Protection of Doctors and Healthcare Professionals
A writ petition was filed before the Supreme Court of India in 2024 seeking protection for doctors and healthcare professionals, safer working conditions, better workplace infrastructure, time-bound investigation in cases of violence, and related directions arising from the RG Kar Medical College incident in Kolkata.
Related Supreme Court suo motu proceedings
Separately, the Supreme Court registered Suo Motu Writ Petition (Criminal) No. 2 of 2024, titled In Re: Alleged Rape and Murder Incident of a Trainee Doctor in R.G. Kar Medical College and Hospital, Kolkata and Related Issues. On 20 August 2024, the Court took up the matter as one of national importance concerning the safety and well-being of medical professionals and sought status reports regarding the investigation and hospital vandalism.
The Supreme Court subsequently constituted a National Task Force (NTF). By its order dated 7 November 2024, the Court recorded that the NTF had submitted recommendations under two broad categories: prevention of violence against medical professionals and provision of safe working conditions, and prevention of sexual violence against medical professionals. The recommendations were directed to be circulated to States, Union Territories and stakeholders for further consideration and implementation.
Main prayers in the writ petition
- Direct the Central Bureau of Investigation to conclude the investigation in a time-bound manner under monitoring of the Supreme Court.
- Provide protection to the family of the deceased, witnesses and other persons having relevant information regarding the alleged incident.
- Issue directions for a central legislative framework providing adequate safety to doctors and healthcare professionals, including time-bound investigation in cases of violence and compensation to affected healthcare professionals.
- Ensure adequate and safe working conditions for doctors across India, including balanced working hours, safe rest rooms and washrooms, CCTV coverage at hospital entry, exit and other conspicuous locations, and an effective police-response mechanism for healthcare workers in distress.
- Grant such other appropriate relief as the circumstances may require.
Interim prayers recorded in the petition
- Stay the operation of the order issued by the Commissioner of Police, Kolkata on 17 August 2024 prohibiting assembly of five or more persons.
- Grant any other appropriate writ, order or direction required in the circumstances.
Grounds raised in the petition
The petition raised allegations concerning the initial investigation, preservation of evidence, hospital vandalism, protection of peaceful protest, safety of medical professionals and the need for effective institutional safeguards. These remain allegations and legal submissions made in the petition and should not be read as independent findings of fact by this website.
- Alleged investigative lapses: The petition asserted delays and discrepancies in the initial handling of the case and sought continued CBI investigation and judicial monitoring.
- Hospital vandalism: It referred to the mob attack at RG Kar Medical College and Hospital during the night of 14-15 August 2024 and alleged failures in protecting the hospital premises.
- Court-monitored investigation: Reliance was placed on Supreme Court decisions including Shahid Balwa v. Union of India, Romila Thapar v. Union of India, Vineet Narain v. Union of India, Babubhai Jamnadas Patel v. State of Gujarat, Centre for Public Interest Litigation v. Union of India and Bharati Tamang v. Union of India regarding exceptional situations in which constitutional courts may monitor or direct investigation.
- Peaceful protest: The petition challenged restrictions affecting protests and relied on Article 19(1)(a), 19(1)(b) and 19(1)(c) of the Constitution, as well as Anita Thakur v. Government of J&K.
- Need for protection framework: The petition sought a stronger and more uniform legal framework for protection of doctors and healthcare personnel.
- Safe working conditions: It sought practical safety measures including rest facilities, sanitation, CCTV surveillance and faster police response at healthcare institutions.
Current legal position on violence against healthcare professionals
Section 2B of the Epidemic Diseases Act, 1897 prohibits violence against healthcare service personnel and damage to property in the circumstances covered by that Act. Section 3 provides enhanced punishment for such violence, while Section 3A makes the specified offences cognizable and non-bailable and prescribes special requirements concerning investigation and trial.
Outside the special epidemic-law context, violence, assault, hurt, grievous hurt, criminal intimidation, sexual offences, damage to property and related conduct are dealt with under the generally applicable criminal law, including the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023, together with applicable State legislation protecting medical personnel and medical institutions.
No single nationwide standalone central statute has been identified that applies exclusively to violence against doctors and healthcare professionals in every situation. Several States and Union Territories have their own legislation; for example, Delhi has the Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008.
Working conditions and occupational safety
The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025 and now forms part of the general labour-law framework governing occupational safety, health and working conditions in establishments falling within its scope. Its application to a particular healthcare establishment or category of worker depends on the statutory definitions, coverage provisions and applicable rules.
The broader issue of hospital security and working conditions also continues to be shaped by Supreme Court directions, the National Task Force recommendations, Ministry of Health advisories, State rules, service conditions and institution-specific safety protocols.
Official Supreme Court and Government resources
Related Supreme Court order on doctors’ safety
Disclaimer: This article provides general legal information and summarises pleadings, orders and official materials. Allegations contained in the writ petition are attributed to the petitioner and are not presented as judicial findings unless expressly stated in a court order. For litigation or compliance, consult the latest Supreme Court orders, applicable central and State legislation, rules and official notifications.