36-48 Hours Shifts For Resident Doctors Inhuman: Supreme Court Asks NTF To Address Concerns On Duty Hours

During the Suo Motu hearing of the RG Kar Hospital Rape-Murder today, the Supreme Court expressed its worries over the 'inhuman working hours' of resident doctors all over the country. 

The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra flagged the hectic work schedules to also be considered by the National Task Force (NTF) which is mandated to recommend uniform safety protocols for medical professionals. 

"We are deeply concerned about the inhuman working hours of resident doctors across the country. Some doctors work 36-hour shifts. The committee appointed should look into streamlining the on-duty hours of all doctors. 36 or 48 hour shifts are just inhuman!" - CJI DY Chandrachud. 

The Court also directed that the NTF take into consideration the suggestions made by the resident doctors and all other representatives relating to the medical profession. The Union Ministry of Family Welfare and Health has been directed to open a redressal portal for all the stakeholders to convey their concerns to the NTF. 

"The views of diverse stakeholders including the Interns, Residents, Senior Residents, doctors and nurses as well as of the para-medical staff would be taken into account by the NTF before its recommendations are made. To facilitate the filing of suggestions before the NTF, we direct the Secretary in the Union Ministry of Health and Family Welfare to open a web portal on the website of the Ministry on which the associations, or as the case may be, different stakeholders may submit their suggestions for consideration before the NTF," the Court recorded in its order. 

It may be noted that several intervenors have suggested to explore the possibility of (1) introducing distress call systems for doctors especially female professionals linked to the nearby police stations; (2) Institutional FIRs to register crimes without delay and (3) constitution of compensation distress funds. The Court additionally asked the NTF to look into the same.  

Union & State Secretaries To Hold Meeting For Ensuring Interim Safety Measures For Doctors 

Advocate Tanvi Dubey representing intervenors FAIMA and National Federation of Resident Doctors of AIIMS highlighted that while resident doctors are ready to return back to work, they are petrified due to lack of safety measures at the workplace. 

"Letters are sent by the resident doctors, which say we are ready to join but they are requesting for the interim protection, they are petrified, they want security and CCTVs at the entrances " 

Taking note of the same, the Court directed the Secretary of the Union Ministry of Health to consult the States' Chief Secretaries and Director General of Police in order to have interim safety measures in place. 

"We direct that the Secretary of the Union Ministry of Health engages with the Chief Secretaries of the State and Director Generals of Police to ensure that the State Governments and UTs put into place such basic requirements pending the report of the Task Force to have address the concerns of doctors over their safety"

The bench added that the exercise of holding the meeting be completed in 1 week, the states shall take appropriate actions within period of 2 weeks thereafter. 

Notably, the Court today passed a flew of other directions, asking the State Governments to not take any adverse steps against protesting doctors and ensuring peaceful protests take place as per protocols.

The Court also rapped West Bengal police over the shortcomings in its investigation of the matter

Other related articles on the ongoing case can be read here .

Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024

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