Junior Doctors Agree Before Supreme Court To Return To Work On West Bengal Govt Implementing Confidence Building Measures

Junior doctors of West Bengal, who are abstaining from work as part of protests over the RG Kar Medical College Hospital rape-murder case, told the Supreme Court on Tuesday that they are ready to report to duties, provided the confidence-building measures, which were agreed upon during the meeting between them and the West Bengal Chief Minister on September 16, are put in place.

Senior Advocate Indira Jaising, representing an association of junior doctors, made this submission before a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra during the hearing of the suo motu case over the RG Kar Hospital case.

The doctors, in their application, raised the following prayers - (1) formation of a broad-based monitory committee in each hospital having administration. academics, nurses, doctors and other healthcare staff etc; (2) formulation of a confidential grievance redressal system at the Hospital for the redressal of grievances of the students, and doctors ; (3) formation of internal complaint committees in accordance with the Sexual Harassment of Women At Workplace (Prevention of Sexual Harassment Act 2013) ; (4) setting up counselling centres at every hospital with qualified professionals particularly the psychiatric and psychology department to deal with the stress faced by doctors in course of their duties.

The Court, finding merit in these prayers, directed the State Government to take steps to implement them if not already taken.

"Each of these aspects would merit serious consideration. We impress upon the state of West Bengal to take remedial action if not already done, within a period of 3 days from this Order," the Court observed in the order.

Jaising stated that with this confidence building measures, the junior doctors would have no problem resuming work. Senior Advocate Kapil Sibal, for the West Bengal Government, told the Court that the Chief Minister has assured that no punitive or adverse action will be taken against doctors who resume duties for the period during which they were agitating.

When Sibal sought a definite timeline for the doctors to return to work, Jaising said that a clear date cannot be given until the doctors hold a meeting with the general body of their association.

Jaising also submitted that the reason for the doctors' protest was the continuing presence of the people who were responsible for the cover-ups at the RG Kar hospital. CJI however said that the Court cannot issue any directions for their removal as their involvement was still a matter of CBI investigation.

CJI also clarified that the Court was not modifying its earlier direction (as per which doctors were required to report back to duty by September 10, 5 PM).

"We are not modifying our last order, we have created the conditions for coming back to work, let them(Govt) do what they have to do to implement the orders," CJI said.

During the hearing, the Court also took note of the affidavit filed by the State Government regarding the measures adopted by it to increase the security in hospitals. 

The Court noted that in the RG Kar Hospital, only 37 CCTVs have been installed, though the State said that 415 would be installed. When Sibal said that the process is underway, CJI commented that the progress was slow.

The Court asked the District Collectors to monitor the expenditure of the budgetary allocation for security measures for hospitals. The Court underscored that a "participatory process" must be followed, allowing the representatives of junior and senior doctors to express their views.

Also from today's hearing :

RG Kar Case| 'What CBI Revealed In Its Report Is Disturbing', Says Supreme Court

RG Kar Case | 'You Can't Say Women Doctors Can't Work At Night, Your Duty Is To Provide Security' : Supreme Court To West Bengal Govt

Supreme Court Asks Wikipedia To Remove Name Of Victim In RG Kar Hospital Rape-Murder Case

'This Is Not A Political Forum' : Supreme Court Rebukes Applicant Who Sought WB CM Mamata Banerjee's Resignation Over RG Kar Case

Supreme Court Rejects West Bengal's Plea To Stop Live-Streaming Of RG Kar Case, Says Will Protect Lawyers From Online Threats

 Live updates from today's hearing can be read here.