New Delhi: The Supreme Court has directed striking doctors in Kolkata to return to work by September 10, 5pm, and also directed the state of West Bengal not to take any adverse action against the doctors, including punitive transfers who return to work.
Apex court was hearing suo motu cognisance of rape, murder of a woman doctor
A three-judge bench headed by Chief Justice of India Dy Chandrachud hearing the Kolkata doctor rape and murder case said, “You must return to work within two days, while we want to ensure that security and safety is provided to doctors, at the same time doctors must return to work and attend to patients.”
The court also did not take kindly to the fact that while doctors were protesting for the last 28 days, patients in Kolkata and other parts of the state were suffering.
Doctors have a duty: Apex court
The three-judge bench of Justice DY chandrachud, Justice JB Pardiwala and Justice Manoj Misra said, “Striking doctors cannot be oblivious of the needs of the members of society. Doctors have a duty. However if there is continued abstention from work, there may be a likelihood of action by the state government against them so its best to return to work.”
The bench added that they were putting the striking doctors on notice and if they do not return to work “then do not say, action is being taken against us.”
This order for doctors to resume work came on submissions made by the state of West Bengal, where it was told to the court that because of the ongoing strike by doctors since last 28 days, people in the state were suffering and the health care infrastructure was being adevrsly affected.
23 people across state have died because resident doctors have not come to work: West Bengal
Senior advocate Kapil Sibal, appearing for the state of West Bengal said, that “23 people across the state have died because resident doctors have not come to work and continue to cease work. 6 lakh people have been denied treatment. Critical departments have been hit, like cardiology and angiography on patients has been held up.”
But the Supreme Court has balanced the demands of striking doctors and that of patients by directing the state government to take necessary steps to create confidence on security and safety. The court has directed all District Collectors and Superintendents of Police (SPs) in all districts of the state to take stock of the situation that necessary conditions have been created for safety of doctors in government hospitals, which shall include, including separate duty rooms for male and female doctors, availability of separate toilets for males and females and installation of CCTV cameras.
