The Supreme Court on Monday (September 9, 2024) gave resident doctors in West Bengal’s public medical institutions, who are protesting their dismal and unsecure working conditions that led to the murder and rape of a young colleague at R.G. Kar Hospital in Kolkata, time till 5 p.m. on September 10 to rejoin work or expose themselves to disciplinary action, including punitive transfers, from the State government.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud opted for the carrot-and-stick approach, taking serious note of the State’s revelation that its healthcare was in shambles and patients were dying for lack of critical medical care.
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The government claimed 23 people have died since protests began nearly a month ago when the brutal crime came to light. While there were protests “all over the State”, six lakh patients were “denied treatment” due to the mass abstention of the resident doctors. Injured police personnel had been refused care, the State alleged.
“Where do we go from here? People are dying. There is only restricted access to specialty and super-specialty wards for the poor, especially in cancer treatment, cardiology and neurology. Stenting and angiography have been withheld for about 1,000 patients. People are forced to go to private hospitals… The resident doctors are the backbone of the public healthcare system,” senior advocate Kapil Sibal, for West Bengal, submitted.
Mr. Sibal said protesters neither seek the permission of the police nor do they provide the routes. “What do we do? This is what is happening on the ground,” he pleaded.
Fighting for safety
The protesting doctors, through their lawyers present in the courtroom, said they were fighting for basic safety and work infrastructure such as access to separate toilets, duty rooms during their gruelling 36-hour shifts and CCTVs.
At one point, the Chief Justice challenged the State’s claim that it had over 2,747 CCTV cameras installed in government medical colleges.
“If these 2,747 cameras were functioning in medical colleges, why would this offence take place?” the CJI asked Mr. Sibal.
The government said it had initiated the installation of 6,178 additional CCTVs and 893 duty restrooms were under construction.
“But today, at R.G. Kar, what security equipment did you install? What is the progress on the ground?” the Chief Justice questioned the State.
Many of the protesting doctors said they were still receiving threats from “miscreants”.
The court reached out to them, assuring them it would do all in its powers to provide them a safe working environment.
‘Need to reciprocate’
But equally, the court was firm, reminding them of their duty to the people. “Doctors cannot remain oblivious to the needs of the community they are intended to serve. Doctors are in the system to render service to patients… We will provide every kind of security to the doctors, but they have to reciprocate,” Chief Justice Chandrachud addressed the doctors’ lawyers, senior advocates Geeta Luthra and Karuna Nundy.
The Bench drew out an assurance from the West Bengal government in court that no adverse or disciplinary action, including punitive transfers, would be taken against doctors who return to duty on or before 5 p.m. on Tuesday.
“But if they [resident doctors] do not start work, we will not be able to restrain the State from taking action, because that is entirely within its jurisdiction… In case of continued abstention [after 5 p.m. on September 10], there may be a likelihood of adverse action in future which may best be obviated by their return to work,” the Supreme Court cautioned.
Likewise, the court put the State government to notice. The Bench said the State should put in motion the safety measures for doctors at work without waiting for the Supreme Court’s National Task Force to submit its report on reforms. It gave the West Bengal government a week to take necessary steps “to create a degree of confidence in the minds of the doctors that their concerns about their safety and security are really attended to”.
The court directed the District Collectors and Superintendents of Police in each district across West Bengal to “take stock of the situation” at every public hospital and medical college and ensure that steps are taken for the safety of women doctors, including the provision of separate duty rooms, toilets and installation of CCTVs. The State was directed to file a status report on September 17, the next date of hearing.
Published - September 09, 2024 08:36 pm IST
