SC questions Bengal govt over civic volunteer scheme: ‘Process of conferring political patronage?’ Asks state to file affidavit explaining legal source of authority for their recruitment

The bench also comprising Justices J B Pardiwala and Manoj Misra was hearing an application by Doctors United for Peoples Health Right & Dignity of Medical Profession, an umbrella body of five organisations, seeking disbanding of the civic volunteer scheme. The State of West Bengal shall file an affidavit on the matter before the next date of hearing explaining… the legal source of authority for the recruitment of civic volunteers, the modalities for recruitment, the qualifications for recruitment, the verification of antecedents carried out before the recruitment, the institutions in which the civic volunteers are assigned duties and the payments made to civic volunteers, whether it’s on daily or monthly basis and the budgeted outlay in that regard, the bench said.

It said the affidavit shall specifically disclose the selection process followed for the recruitment of the civic volunteers and the steps taken to ensure that such volunteers do not operate… in sensitive establishments in hospitals and schools, which may be particularly vulnerable.

The affidavit said the state shall also specifically disclose whether any of the civic volunteers are assigned duties in or in connection with police stations or investigation of plan. The plea highlighted concerns over the ‘Rattirer Sathi Scheme (helper at night)’ announced by the state to address the safety and security concerns of women at their workplaces along with hospitals in the wake of the R G Kar incident.

It said the state continues to perpetuate the scheme despite the principal accused (Sanjay Roy) in the rape and murder case being a civil volunteer. As such, by refusing to revoke the Rattirer Saathi Scheme, where civic volunteers are engaged for the purpose of law and order, and security, the State of West Bengal continues to act in derogation of this Honble Court’s orders passed from time to time, as also this Honble Court’s dicta in Nandini Sundar (versus State of Chhattisgarh case).

Appearing for the applicant organisation, senior advocate Karuna Nundy said the state is violating the Calcutta High Court directions that no law and order functions may be discharged by civic volunteers and such civilians. She added that the SC had in the Nandini Sundar case in which the SC had directed the disbanding of Salwa Judum — said that civilians cannot discharge law and order functions.

The plea said that by order dated September 13, 2024, the state government engaged an additional 1,514 security personnel in government medical colleges and hospitals for ensuring safety and security of doctors, nurses and other staff working there. It added, incredibly, the government of West Bengal sought to outsource its law and order functions by imparting 7-day training to these personnel.

By another order dated September 17, 2024 the state said the 1,514 personnel may be hired from existing agencies currently providing security personnel at health facilities and that a tender process for the same may be initiated, it pointed out.

In its fifth status report to the SC, the CBI said it had submitted its chargesheet against Sanjay Roy over the August 9 incidents and that further investigation into the alleged role of others in relation to the case… is on.

The agency said it was also looking into certain aspects which were highlighted by parties appearing in the court and that further investigation was also in progress into alleged financial irregularities at R G Kar hospital.

The court asked the agency to file a status report by the next date of hearing.  Since the Integrated Hospital Management System (IHMS) is being rolled out by the state government, and is expected to be completed by November 1, 2024, the Bengal government shall take new steps to ensure that the IHMS inter alia factors in (1) the availability of free beds, (2) the availability of expertise in the medical health facility, and (3) the availability of doctors with their requisite specialisation.

By order dated August 20, 2024, the SC had put in place a nine-member National Task Force (NTF) to formulate effective recommendations to remedy the issues of concern pertaining to their safety, working conditions and well-being of medical professionals and other cognate matters and on August 27, 2024, four sub-groups were constituted to engage with stakeholders and to prepare recommendations.

On Tuesday, the SC noted with concern that the NTF or the sub-groups had not held any meeting after September 9 and asked the Centre to do the needful to expedite their work.

Presently it appears that neither the NTF nor the sub-groups have made any substantial progress pursuant to the remit set in the order of this court. The Solicitor General has accepted that no meeting appears to have been held since the first week of September 2024. We are of the view that the Union Government must make proactive efforts to ensure that the work of the task force is completed within a reasonable period in the future. Accordingly, the meetings of the NTF shall be held at periodic intervals. All sub-groups shall hold regular meetings so that by the next date of listing, this court is apprised of the tentative recommendations of the NTF, including its sub-groups. This exercise should be completed preferably within a period of 3 weeks,” the bench directed.

The state government, meanwhile, told the SC in an affidavit filed by the Principal Secretary to the Department of Health and Family Welfare that it has sanctioned work worth Rs 123 crore for various works in government colleges of which a substantial part has been completed and that the remaining work in 28 medical colleges would in any event be completed by October 25, 2024 and at RG Kar by October 31, 2024.

The state also said it has constituted a state-level grievance redressal committee, a state-level committee for security audit and district-level committees for security audit. The affidavit said an initial round of security audit has been completed and an additional 1,514 security personnel have been approved for deployment in the medical colleges and hospitals of which 910 would be female security personnel.

The state also said that it has rolled out an Integrated Hospital Management System, which envisages capturing every step of patient treatment, and has 1,013 government hospitals reporting thereon.

The SC directed the state to appraise it of the progress made in commissioning these facilities within three weeks.