The Supreme Court of India has asked the doctors to resume work pertaining to the need of public health care services. The medical community has been on a widespread protest after a rape case that took place in RG Kar Medical College on August 9. The protest has led to suspension of essential health services and left those in need helpless.
The gravity of the situation was analyzed by Chief Justice of India (CJI) DY Chandrachud, accompanied by Justices JB Pardiwala and Manoj Misra keeping all the concerns and emotions in mind. However, the Bench also highlighted the paramount importance of ensuring that public health infrastructure remains functional. The CJI remarked, "How can public health infrastructure run if doctors don't resume work?"
The Court has taken a compassionate stance, offering assurance to the protesting doctors that no adverse actions will be taken against them if they return to work. "If doctors have resumed duty, we will prevail upon the authorities not to take any adverse action. But they must first come back to work. Otherwise, the people who need their services the most are deprived of their services. That's the only concern," CJI Chandrachud observed.
This plea from the highest court in the country reflects the judiciary's understanding of the complex dynamics at play. The doctors, while participating in protests, have also been attending to emergency duties, as pointed out by a lawyer during the hearing. The CJI, in response to concerns about penalties faced by doctors from AIIMS Nagpur who participated in the protests, initially stated, "If they are not on duty, the law will have to follow its course. How can we tell the administration to take a course that is not correct?" However, he quickly offered reassurance, stating, "Let them first come back to work, no one will take adverse action against any doctor. If there is any difficulty, then come back to court."
The Court's approach is not only pragmatic but also empathetic. It recognizes the trauma and anger felt by the medical community while simultaneously upholding the need for uninterrupted healthcare services. The assurance that the Supreme Court will issue directions to prevent any penalization of doctors who resume work provides a safety net for those who fear retribution for their participation in the protests.
A counsel representing doctors from PGI Chandigarh further highlighted the challenges faced by the medical community, stating that doctors were being "victimised" despite returning to work. The CJI, however, expressed confidence in the leadership of these institutions, remarking, "The seasoned directors who helm these institutions will never do something like this." Yet, the Court remained vigilant, with the counsel informing that "casual leaves are being deducted" for the protesting doctors. In response, the Court assured that it would address any grievances brought to its attention, reaffirming its commitment to justice and fairness.
The Supreme Court by promising justice to victim and asking to resume work by the doctors has broadcasted its role as the guardian of law as well as public health care. This case highlights the role of doctors in the society as healers as well as pillars that uphold the public health care infrastructure.
TAGS: Supreme Court of India protesting doctors public health services RG Kar Medical College and Hospital Kolkata rape and murder case Chief Justice of India
