RG Kar Case | 'Protest Can't Be At Cost Of Duty' : Supreme Court Asks Doctors In West Bengal To Return To Work

The Supreme Court on Monday (September 9) directed the doctors in the State of West Bengal, who are abstaining from duties as part of protests over the rape-murder at the RG Kar Medical College Hospital, to immediately return to work. If they return to work by 5 PM tomorrow, no adverse action be taken against them, the Court directed.

Senior Advocate Kapil Sibal, for the State of West Bengal, undertook that no punitive action, including punitive transfers, will be ordered against the doctors who return to work.

At the same time, the Court also directed the State to ensure that safe working conditions are created at the hospitals. "The State of West Bengal must create steps to create a degree of confidence in the minds of the doctors that concerns regarding their safety and duly be catered to . The police shall ensure that necessary conditions are created for ensuring the safety of all doctors (including provisions for separate duty rooms; toilet facilities ; installation of CCTV cameras)..." the Court ordered.

The Court took note of the affidavit filed by the Health Secretary that funds have been sanctioned for the installation of CCTV cameras and other security measures at the RG Kar hospital and other government hospitals. The Court directed the District Collectors to monitor the measures along with the Superintendent of Police.

23 Patients lost life due to doctors' protests; 6 lakh individuals denied treatments, : State

Sibal submitted that 23 patients have lost their lives due to the absence of doctors and six lakh persons have been denied treatment. He said that the doctors' protest has paralyzed the health system. No resident doctors are attending the Out Patient Departments. Although the Court had earlier directed the doctors to cease the protests and resume their duties, the doctors in West Bengal are defying it, he added.

Senior Advocate Geeta Luthra, for an association of resident doctors, submitted that the doctors are protesting because of their genuine apprehensions and that junior doctors are getting several threats and facing bullying. She added that doctors are giving voluntary sevices outside hospitals.

The Court was categorical that the doctors must return to their duties.

"We have given two days. The young doctors must now return and resume work. We know what is happening on the ground... First, return to work.. the District Collectors and the Supdt of Police will ensure safety. You have to now return to work and if you do not come to work, do not hold anyone responsible for disciplinary action against you. You cannot say that seniors are working so we will not.." CJI orally said.

"Protest cannot be at the cost of duty," CJI added.

"If doctors do not resume to work then we cannot stop the govt from taking disciplinary action, We want to ensure that doctors resume work. They are in a system to render service. We will provide facilities but they have to reciprocate," CJI stated.

The development happened in the suo motu case taken by the Supreme Court over the death of a trainee doctor at the RG Kar Hospital on August 9. The Court today perused the status reports filed by the West Bengal police and the CBI and posted the matter for further hearing on September 17. The CBI has been asked to file an updated status report.

Live updates from the hearing can be read here.