Kolkata horror: 'Justice and medicine cannot go on strike', says Supreme Court; urges doctors to resume work
Tribune News Service
New Delhi, August 22
“Justice and medicine cannot go on strike. Can we go and sit outside the Supreme Court now?” the supreme Court wondered on Thursday as it urged the doctors protesting against the rape and murder of a post-graduate trainee doctor at RG Kar Medical College and Hospital, Kolkata to resume work.
As lawyers representing various associations of protesting doctors complained of disciplinary and coercive action by the authorities, a three-judge Bench led by Chief Justice of India DY Chandrachud assured them that no adverse/coercive action will be taken against them if they returned to work.
“If doctors have resumed duty, we will prevail upon the authorities not to take any adverse action. But they must first come back to work. Otherwise, the people who need their services the most are deprived of their services. That's the only concern. How can public health infrastructure run if doctors don't resume work?” the Bench noted.
“If they are not on duty, the law will have to follow its course. How can we tell the administration to take a course that is not correct?” said the Bench – which also included Justice JB Pardiwala and Justice Manoj Misra.
The top court issued several directions on safety of doctors, norms for protests, rights of protesters as also the West Bengal Government after it was told that doctors were ready to resume work but wanted security measures such as CCTV cameras at entrance of hospitals and hostels.
“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 National Task Force to have address the concerns of doctors over their safety,” it said, adding states should take remedial measures in two weeks.
The Bench – which had on Sunday taken suo motu cognisance of the horrific incident -- also directed the Union Health Secretary to open a portal on the Ministry’s website to allow various stakeholders to submit suggestions before the NTF.
It asked the NTF to examine the striking doctors’ demands for installing distress call systems for doctors, especially female medical professionals linked to nearby police stations, institutional FIR registration for crimes without delay and setting up of compensation distress funds.
“We are deeply concerned about the inhuman working hours of resident doctors across the country. Some doctors work 36-hour shifts. The committee appointed (NTF) should look into streamlining the on-duty hours of all doctors. 36 or 48 hour shifts are just inhuman!” it said.
