RG Kar Case | Don't Treat Period Of Protest As 'Leave' For Doctors Who Joined Duty After August 22, 2024 : Supreme Court

The Supreme Court today (January 29) clarified its earlier order relating to doctors' protest against the RG Kar Rape-Murder incident and said that doctors who have returned to duty after August 22, 2024, should not be treated as absent and should be considered on duty. 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the suo motu case of the brutal rape and murder of a doctor in RG Kar Hospital in Kolkata that occurred on August 9.

During the hearing, the bench was informed by senior counsel  Raghenth Basant representing the AIIMS Resident Doctors Association that some of the medical institutions such as Post Graduate Institution, Chandigarh, AIIMS Kalyani, AIIMS Gorakhpur have regularised the period for which doctors were protesting, but some other medical institutions are treating the protesting period as 'on leave' which may affect the future of the doctors preparing for Post Graduation. He added that this was contrary to the order dated August 22, 2024. 

"Many PG students will lose their cut-off for further studies etc" he stressed. 

Notably, in August, the bench led by then CJI, Justice DY Chandrachud passed an order protecting the doctors from coercive actions for protesting as on August 22, 2024, if they resume duties.

"An apprehension has been expressed by the doctors that some of them are being proceeded against with respect to protests that happened in past. We are expecting that in compliance with the assurance given to the Court, the doctors will join the duties. Let there be no coercive action against doctors after they come back to work after the date of today's order for any protest that happened before the date of today's order," the Court had ordered in August.

Solicitor General Tushar Mehta, appearing for the Union added that several medical institutions such as Jwaharalal Institute of Postgraduate Medical Education and Research, Pondicherry treated the period of absence/protest as 'on leave'. 

The bench proceeded to clarify that the period of absence by the doctors on strike would be considered as 'regularised' and not on leave. The recorded order reads as follows: 

"In our opinion, the intent behind the order dated 22.8.24 was that the aforesaid period would be regularised and no coercive steps would be taken."

"We deem it appropriate to clarify that the period of absence in case the protesting doctors have joined after the order dated 22.08.2024 will be regularised and not treated as absence from duty. This direction is issued in peculiar facts and circumstances and shall not be read as laying down a precedent."

Related Developments 

Notably, on January 20 a sessions court in Kolkata's Sealdah sentenced prime accused Sanjoy Roy to life imprisonment in the RG Kar rape and murder case, wherein Roy was accused of brutally raping and murdering a trainee doctor after her night shift at the RG Kar Medical College & Hospital. This was after Roy was convicted on January 18 under Bharatiya Nyaya Sanhita (BNS) sections 64 (rape), 66 (causing injury resulting in the death of rape victim), and 103 (1) (murder).

On the last hearing Court also noted that the National Task Force- which was constituted to give recommendations to enhance the security cover for health professionals- has submitted its report. It asked the States and Union Territories to give their responses to the NTF recommendations. The NTF has been asked to give its final report within 12 weeks from today.

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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