The Supreme Court has intervened in the ongoing protests by doctors in West Bengal in connection with the tragic death of a trainee doctor at the RG Kar Medical College Hospital. The protests, stemming from concerns over the working conditions and safety of doctors, had led to a significant disruption in healthcare services across the state.
Court’s Directions to Doctors
On September 9, 2024, the Supreme Court issued a directive to the doctors in West Bengal, instructing them to return to work immediately. The Court emphasized that while protests are a right, they cannot be conducted at the expense of their duty towards patients. The doctors were given until 5 PM the next day to resume their duties, with assurances from the state government that no punitive action, including transfers, would be taken against those who comply.
State’s Responsibility to Ensure Safety
The Court also directed the state to implement necessary safety measures at hospitals to address the concerns of the doctors. Senior Advocate Kapil Sibal, representing West Bengal, confirmed that funds had been sanctioned for the installation of CCTV cameras and other security enhancements. The District Collectors, along with the Superintendents of Police, were tasked with monitoring the implementation of these measures to ensure a safe working environment for healthcare professionals.
Impact of the Protests
The state highlighted the severe consequences of the doctors’ protests. According to the government, 23 patients lost their lives due to the absence of medical professionals, and approximately six lakh people were denied treatment. The protests had paralyzed healthcare services, especially in outpatient departments, despite previous court orders directing the doctors to end the strike and resume their duties.
Doctors’ Concerns and Court’s Stance
Senior Advocate Geeta Luthra, representing the resident doctors, argued that the protests were in response to genuine fears and threats faced by junior doctors, including incidents of bullying. She noted that some doctors were offering voluntary services outside hospitals. However, the Court remained firm in its stance, reiterating that doctors must return to their posts and fulfill their duties. The Chief Justice of India (CJI) emphasized that protests should not come at the cost of neglecting their professional responsibilities.
Consequences of Non-Compliance
The CJI warned that if doctors failed to return to work, disciplinary action could be taken against them. The Court made it clear that while it would ensure the provision of necessary facilities and safety measures, doctors were obligated to reciprocate by resuming their duties.
The case originated from a suo motu action by the Supreme Court following the death of a trainee doctor on August 9, 2024, at RG Kar Hospital. The Court is closely monitoring the situation and has requested updated reports from both the West Bengal police and the Central Bureau of Investigation (CBI). The matter has been scheduled for further hearing on September 17, with the CBI directed to submit an updated status report by that date