The Supreme Court on Monday directed the protesting doctors in West Bengal, who are abstaining from work as part of protests over the brutal rape and murder of an on duty trainee doctor at the RG Kar Medical College Hospital, to immediately resume work. The top court said that if the doctors return to work by 5 PM tomorrow, no adverse action shall be taken against them by the state government.
CJI DY Chandrachud while hearing the case said that the protest can't be at cost of duty.
"We want to ensure that the doctors resume work. Doctors are in system to render the service to patients. We will provide evry kind of security to doctors, but they also have to reciprocate." the CJI said.
Senior Advocate Kapil Sibal appearing for the State of West Bengal, undertook that the state will take no punitive action which includes punitive transfers, against the doctors who return to work.
The three judge bench headed by CJI DY Chandrachud also directed the State of West Bengal to ensure that safe working conditions are created at the hospitals. The top court directed the state authorities including the District Collectors and Police to monitore the situation and ensure safety for doctors resuming work.
"The State of West Bengal must create steps to create a degree of confidence in the minds of the doctors that concerns regarding their safety and duly be catered to. The police shall ensure that necessary conditions are created for ensuring the safety of all doctors (including provisions for separate duty rooms; toilet facilities; installation of CCTV cameras)..." the top court ordered.
The Supreme Court took note of the affidavit filed by the state government that submitted that funds have been sanctioned for the installation of CCTV cameras and other security measures at the RG Kar hospital and other government hospitals.
At the outset of the hearing, Kapil Sibal submitted in the top court that 23 patients have lost their lives due to the absence of doctors and six lakh persons have been denied treatment.
He told the court that the doctors' protest has paralysed the health system. Sibal said that despite earlier direction from the court, the doctors continue to protest.