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Informist, Monday, Sep 9, 2024

 

NEW DELHI – Observing that a protest cannot be held at the cost of a doctor's duty, the Supreme Court today asked the resident doctors in Kolkata, who are protesting over the rape and murder of a junior doctor last month, to resume work. If the protesting doctors report for duty on or before 1700 IST on Tuesday, no adverse disciplinary action will be taken against them, said the court. 

 

However, if there is continuous abstaining from work, then the court cannot stop the government from taking disciplinary action against the protesting doctors, and they cannot be oblivious to the general concerns of the community that they are intended to serve, said the Bench led by Chief Justice of India D.Y. Chandrachud.

 

"We have given two days. The young doctors must now return and resume work. We know what is happening on the ground... First, return to work...The district collectors and the superintendent of police will ensure safety. You have to now return to work and if you do not come to work, do not hold anyone responsible for disciplinary action against you. You cannot say that seniors are working so we will not," said the court.

 

"We want to ensure that doctors resume work, they are in a system to render service. We will provide facilities, but they have to reciprocate," said the court. The bench, also comprising Justice J.B. Pardiwala and Justice Manoj Misra noted the West Bengal government's assurance that those doctors who resumed their work, no action, including punitive transfers shall be adopted against them.

 

The court was hearing a suo moto case of the rape and murder of a junior doctor at a medical college in Kolkata. A 31-year-old junior doctor was found dead at a seminar hall at R.G. Kar Medical College and Hospital in Kolkata on Aug 9. Police had, thereafter, arrested a civic volunteer in connection with the case. There were protests and strikes by doctors in several cities in the country over the case. On Aug 13, the Calcutta High Court transferred the probe into the case to the Central Bureau of Investigation. 

 

The apex court today asked the Bengal government to take steps to create a degree of confidence in the minds of the doctors that concerns regarding their safety will be duly catered to. The district collectors and deputy superintendent of police shall take stock that necessary conditions are created for ensuring the safety of all doctors, including provisions for separate duty rooms, toilet facilities, installation of CCTV cameras, said the court. It noted an affidavit filed by the health secretary in Bengal that funds have been sanctioned for the installation of CCTV cameras and other security measures at the RG Kar hospital and other government hospitals. 

 

The apex court's direction came after it was informed by the West Bengal government that 23 patients had lost their lives due to the absence of doctors and 600,000 persons had been denied treatment.  Advocate Kapil Sibal, appearing for the state government, said that the doctors' protest has paralysed the health system. Sibal said that although the apex court had earlier on Aug 20 asked the doctors to resume their work, the doctors in West Bengal were defying the order.

 

Further, the apex court also perused the status report filed by the Central Bureau of Investigation regarding their probe in the case. The court observed that the investigation was in progress and directed the agency to file a fresh status report and listed the case for hearing on Sep 17. 

 

The top court took note of the grievance by the Solicitor General of India Tushar Mehta regarding accommodation for three companies of the Central Industrial Security Force, which were in charge of the security of RG Kar Medical College and Hospital. It directed the state government to provide accommodation for the three companies in the vicinity of the hospital.  End

 

Reported by Surya Tripathi

Edited by Aditya Sakorkar

 

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