Kolkata: The Supreme Court on Monday directed striking doctors in West Bengal to return to work by 5 pm on Tuesday, or else face the possibility of disciplinary action from the state government.
However, the resident doctors were “unhappy and disappointed” with the top court’s order and are yet to give an assurance that they would end their month-long strike.
The bench of Chief Justice of India (CJI) D Y Chandrachud, Justices J B Pardiwala and Manoj Misra was hearing various aspects of a junior doctor’s rape and murder case, which has rocked the country and resulted in a wave of unending protests demanding justice for the heinous crime.
Senior Advocate Kapil Sibal, representing the West Bengal government, told the top court that 23 people had died because doctors were on strike throughout the state for a month since the death of the postgraduate trainee doctor at RG Kar Medical College & Hospital.
Submitting that the state Health department had provided a report on the state of affairs, Sibal urged the Supreme Court to mandate that doctors return to their duties.
The CJI, who had advised resident doctors at government hospitals to resume work in the earlier hearing also, said categorically that if their strike doesn’t end beyond the stipulated time on September 10, the Supreme Court won’t be able to help them.
“We know what is happening on the ground, but doctors must now come back to work. They cannot say senior doctors are working, so we will not work. If doctors do not resume work, then we cannot stop the government from taking disciplinary action,” Justice Chandrachud said, and asked the state government to arrange for safety and security measures for the doctors.
The top court also told the state government that no punitive measures can be taken against any doctor who returns to work by Tuesday evening.
The protests and ceasework cannot happen “at the cost of duress”, the Chief Justice observed.
“We want to ensure that doctors resume work. They are in a system to render service. We will provide facilities, but they have to reciprocate,” he spelt out.
Protesting Doctors To Decide Future Course Of Action
The top court’s directive came as a shock for the junior doctors.
“We were really looking forward to the Supreme Court hearing today after it was postponed on September 5. But this is so disappointing,” one of the striking doctors said.
“How can they ask us to resume duty when our demands to the state government to ensure safety and security have not been met?” he questioned.
Another resident doctor pointed out that the state government has only given assurances about installing more CCTVs, setting up doctor’s rooms, bathrooms.
“When will they do it? Till they complete the work, how can we go back to work? What’s the guarantee that criminals like those who committed the brutal act at RG Kar won’t do it again at other hospitals?” pointed out one of the female doctor on ceaswework.
Doctors at RG Kar convened a meeting to discuss the Supreme Court’s directive.
Doctors of 28 state medical colleges will get together to decide their future course of action.
Some of the doctors claimed that patients are not suffering as the state government is portraying the situation to be.
