RG Kar Hospital Case | No Adverse Action Against Doctors For Past Protests If They Return To Duties : Supreme Court

While hearing the suo motu case on the RG Kar Hospital murder-rape crime, the Supreme Court on Thursday (August 22) reiterated it appeal to the protesting doctors to return to their duties.

The Court passed an order protecting the doctors from coercive actions for protesting till today 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 ordered.

At the beginning of today's hearing, a counsel representing the resident doctors of AIIMS Nagpur submitted that the protesting doctors were marked absent and are not being allowed to take part in the exams.

Chief Justice of India DY Chandrachud then made an appeal to the protesting doctors to return back to work, saying that their abstention will affect people who are in need of public health services. CJI pointed out that if premier hospitals like AIIMS, patients get slots after waiting for several months.

"Let them all return to work...we will pass some general order, please rest assured that once doctors resume duties, we will prevail upon authorities to not take adverse actions. How will the public health administrative structure run if they don't resume work?," CJI observed.

It may be recalled that on the previous date of hearing (August 20), the Court had urged the protesters to return to their duties.

"We request all the doctors who are abstaining from work across the country to resume the work at the earliest. Above all the abstention from the work of doctors affects those segments of the society who need medical care the most from accessing day-to-day services. The abstaining doctors and medical professionals can stand assured that their concerns are receiving the highest concern from the Supreme Court of India.," the Court observed in the order passed on August 20.

Resident doctors seek inclusion in the NTF

Today, Senior Advocates Vijay Hansaria, appearing for the Delhi Medical Association and Senior Devadatt Kamat, for an organisation of doctors, requested the Court to include the representatives of resident doctors in the National Task Force. In response, the CJI said that the inclusion of representatives of all associations would make the NTF unworkable. However, the CJI assured that the NTF will hear all stakeholders.

During the hearing, CJI expressed concerns about the hectic work schedule of resident doctors.

"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 said.

The hearing is progressing before the bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra. The bench, after perusing the case records, pointed out several lapses on the part of the Kolkata police. Live updates can be followed here. 

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