In a hearing concerning the RG Kar Hospital rape-murder case, the Supreme Court of India voiced significant concern over the grueling work schedules faced by resident doctors nationwide. The bench, consisting of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, highlighted the issue of “inhuman working hours,” particularly the practice of some doctors working 36-hour or even 48-hour shifts, calling it “inhuman” and urging immediate reform.
The Court directed the National Task Force (NTF), responsible for recommending uniform safety protocols for medical professionals, to also address the streamlining of on-duty hours for doctors. This follows the recognition of a pressing need to ensure the welfare of medical staff who are currently subjected to these exhausting schedules.
CJI DY Chandrachud emphasised the importance of considering the perspectives of resident doctors and other medical professionals before finalising any recommendations. To facilitate this, the Supreme Court instructed the Union Ministry of Health and Family Welfare to create a dedicated portal where stakeholders can submit their concerns and suggestions directly to the NTF.
The Court also acknowledged suggestions from various intervenors, which included the potential introduction of distress call systems for doctors, particularly female professionals, that would be directly linked to nearby police stations, the establishment of Institutional FIRs for prompt crime reporting, and the creation of compensation distress funds. The NTF has been asked to evaluate these suggestions as part of its mandate.
In response to safety concerns, Advocate Tanvi Dubey, representing the Federation of All India Medical Association (FAIMA) and the National Federation of Resident Doctors of AIIMS, conveyed that while resident doctors are willing to return to work, they are apprehensive due to inadequate safety measures at their workplaces. The Court took note of these concerns and directed the Union Ministry of Health to consult with the Chief Secretaries of States and Directors General of Police to implement interim safety measures for doctors.
The Court stipulated that these consultations be completed within a week, with appropriate actions taken by state governments within two weeks thereafter. Additionally, the Supreme Court issued further directives to state governments, cautioning against any punitive actions towards protesting doctors and ensuring that peaceful protests are allowed in accordance with the law.
Lastly, the Court criticised the West Bengal police for shortcomings in their investigation of the RG Kar Hospital case, underscoring the need for thorough and effective inquiry in such serious matters.
