Members of the West Bengal Junior Doctors Front told the Supreme Court on Tuesday that they would “in principle” want to rejoin work after over a month of protests against the brutal rape and murder of their young colleague at the R.G. Kar Medical College and Hospital in Kolkata following assurances from Chief Minister Mamata Banerjee at a meeting held on Monday (September 16, 2024), but they were still haunted by a “fear psychosis”.
Appearing before a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud, senior advocate Indira Jaising, for the junior doctors, confided in the courtroom that those responsible behind the “cover-up” about the gruesome crime on August 9 were still “roaming” in the hospital and would subject them to victimisation on rejoining work.
Ms. Jaising said a “settlement” had been reached after the fifth round of talks held with Ms. Banerjee on Monday (September 16, 2024). She said the Front had sent 40 representatives for the meetingregardless of the fact that the State had not met any of the pre-conditions the top court had set on September 9 for the doctors to join work the next day at 5 p.m. The senior advocate said the Front would hold a general body meeting “today or tomorrow” to reach a “broad consensus”. There might be a “gap of time” before taking a final call.
“But it is our belief, rightly or wrongly, that those responsible for the disaster are still at R.G. Kar there. We would be victimised. We need some kind of assurance from the court. Give us any assurance. There is a fear psychosis. We want to go back to work,” Ms. Jaising submitted.
Senior advocate Kapil Sibal and advocate Astha Sharma, for West Bengal, said the Chief Minister herself had given the assurance that no punitive action would be taken against the protesting doctors who return to work.
“What more do they want?” he asked.
Turning the question on its head, Ms. Jaising retorted, “And what punitive action would be taken by you against those who did this to us?”
She said the government had not taken any administrative action against officials of the State, the university or Medical Council, who had a responsibility to monitor the working conditions of doctors which could have averted the tragedy.
Cites CM’s assurance
The Chief Justice reached out to allay the apprehensions of the doctors against any punitive action occasioned by their abstention from work. The court recorded the assurance of the Chief Minister in its judicial order.
“We are seized of the matter. We are still being apprised by the Central Bureau of Investigation of the nature of the hush-up that took place. When we have a better picture and the material, we will issue orders,” Chief Justice Chandrachud addressed Ms. Jaising and senior advocate Karuna Nundy.
The court said it was already examining, through the periodic status reports filed confidentially by the CBI, about any instances of corruption; the nature of financial irregularities at R.G. Kar; if there were any omissions or commissions in the performance of duties by the former Principal; and whether there were any attempts to cover up the crime.
The Bench ticked off a lawyer who sought an order for the resignation of Chief Minister Ms. Banerjee, saying the court was not a political forum and its attention was restricted to bettering the conditions of the doctors.
The apex court recorded submissions by the State government that infrastructure and safety facilities, including separate duty rooms, washrooms and installation of additional CCTV cameras across government-run medical colleges and hospitals across West Bengal would be completed in the next 14 days. The Bench said the infrastructure improvements should be done through a “participatory process”. Each district must have a committee of the District Collector, police chief and representatives of senior and junior doctors, the court directed.
The court asked the State to take into consideration the Front’s suggestions like a broad-based committee of doctors, nurses and other staff to monitor the safety situation in each government hospital; a grievance redressal system; an internal complaints committee compliant with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 within the next three days.
The State said 910 women personnel scheduled to be deployed in government medical colleges and hospitals were already undergoing training in police institutes.
At the end of the hearing, Mr. Sibal asked an oft-repeated question in court from the State’s side: “When will they rejoin work now?”
“I cannot give a date,” Ms. Jaising replied curtly.
To this, Chief Justice Chandrachud observed that “we have created conditions for them to come back to work”. The apex court listed the case for further hearing after a week.
Published - September 17, 2024 08:16 pm IST
