New Delhi | The Supreme Court on Thursday reiterated its appeal to the doctors protesting over the rape and killing of a Kolkata medic to resume work and directed no coercive action against them.
The court said judges and doctors cannot go on a strike since they deal with matters involving life and liberty.
"Justice and medicine cannot afford to be stopped. Can we (judges) go and sit outside the Supreme Court now?" the bench headed by Chief Justice D Y Chandrachud asked.
The court was hearing a suo-motu case related to the rape and killing of a post-graduate medic at Kolkata's RG Kar Medical College and Hospital.
As the hearing commenced, a counsel representing the resident doctors of the All India Institute of Medical Sciences (AIIMS) in Nagpur submitted that the protesting doctors are being marked absent and not allowed to sit in exams.
The bench said, "We cannot direct the administration to mark them present when they are absent. If they resume duty, we will order a lenient view."
The court requested the protesting doctors to immediately resume their duties so that patients from marginalised sections and other needy people do not suffer.
"An apprehension has been expressed by the doctors that some of them are being proceeded against with respect to protests that happened in the past. We are expecting that in compliance with the assurance given to the court, the doctors will join the duties.
"Let there be no coercive action against doctors after they come back to work after today's order for any protest that happened before the date of today's order," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.
The Delhi Medical Association (DMA) told the court that FIRs have been lodged against certain doctors from the AIIMS, who took part in protests.
The court expressed concern over the fact that doctors at the AIIMS have been protesting for 13 days and asked them to get back to work.
The DMA was represented in the court by senior advocate Vijay Hansaria and advocate Sneha Kalita.
Advocate Tanvi Dubey appeared in the court on behalf of the Federation of All India Medical Association (FAIMA) and sought interim protection for doctors till the recommendations of the National Task Force (NTF) constituted by the apex court are implemented.
On August 20, the court had asked the protesting doctors across the country to call off their strike and resume work.
"We earnestly appeal to all the doctors that we are here to ensure that their safety and protection is the matter of highest national concern. Please trust us, that is why we have not left the matter to the high court.
"We felt that this is not just a matter of a serious offence but it affects the institution of healthcare pan India. Therefore the need for the Supreme Court to take up the matter," the bench had said.
The rape and killing of the junior doctor in a seminar hall of the hospital has sparked nationwide protests.
The medic's body with severe injury marks was found inside the seminar hall of the hospital's chest department in the morning of August 9. A civic volunteer of the Kolkata Police was arrested in connection with the case the following day.
On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.
New Delhi | The Supreme Court passed a slew of directions on Thursday while hearing a suo-motu case related to the rape and killing of a post-graduate medic at the state-run RG Kar Medical College and Hospital in Kolkata.
A bench headed by Chief Justice D Y Chandrachud perused a status report filed by the Central Bureau of Investigation (CBI) and an affidavit submitted by the West Bengal government.
Here are some of the directions given by the apex court in the matter:
* SC directs the secretary in the Union health ministry to engage with the chief secretaries and directors general of police to ensure that the states and Union territories put in place certain basic minimum requirements for safety measures for doctors.
* SC says the exercise of holding meetings should be completed within a week from Thursday.
* SC says state governments shall take remedial and appropriate action given the exigencies of the situation within two weeks thereafter.
* SC directs the National Task Force (NTF) to listen to the representatives of diverse stakeholders on the safety of healthcare professionals, including doctors.
* SC says the views of the stakeholders, including interns, residents, senior residents, doctors and nurses, as well as of the para-medical staff would be taken into account by the NTF.
* SC directs the secretary in the health ministry to launch a web portal on the ministry's website on which the doctors' associations and other stakeholders may submit their suggestions.
* SC says peaceful protests should not be disturbed or disrupted and the State shall not take any precipitate action against the protesters.
* SC clarifies that it has not injuncted the West Bengal government from exercising
such lawful powers as are entrusted with it in terms of the law.
*SC asks the protesting doctors to resume work and says in the meantime, no coercive step shall be taken against them.
* SC says pending the submission of the NTF report, all states and Union territories shall be alert to any apprehended violations or breaches of safety in medical establishments.
New Delhi | In a huge relief to patients, doctors at major hospitals, including AIIMS, RML, LNJP and Maulana Azad Medical College in the national capital, ended their 11-day strike on Thursday soon after the Supreme Court made an impassioned appeal to the protesting medics to resume work and directed the Centre to provide safety measures to them.
A tough-talking apex court termed "extremely disturbing" the Kolkata Police's delay in registering the unnatural death of the woman doctor raped and killed at the RG Kar Hospital.
The court, however, said judges and doctors cannot go on a strike since they deal with matters involving life and liberty.
Following the court's appeal and directions about safety of doctors, resident doctors' association (RDA) of several hospitals ended the strike that commenced on August 12.
The Federation of All India Medical Association (FAIMA), an umbrella body of doctors, RDAs of centre-run facilities such as AIIMS, RML and Lady Hardinge Medical College, and Delhi government-run LNJP, Maulana Azad Medical College, GTB Hospital and Indira Gandhi Hospital also announced their decision to call off the protest.
In a post on X, the Federation of Resident Doctors Association (FORDA), a major body of RDAs across the country, announced its decision to call off the strike, saying the doctors will resume their duty.
"We are thankful to all RDAs, media personnel, various medical and non-medical associations and above all, our patients, for their support and understanding," it said.
The decision to call off the strike comes as a major relief to patients who were struggling to get regular medical care due to the closure of outpatient department (OPD) in government hospitals even as emergency services were functioning as usual.
"#FAIMA has decided to call off the strike following positive directions from the #Chief Justice of India. We welcome the acceptance of our prayers for interim protections and the necessary steps to enhance security in hospitals. United, we will continue to fight legally," FAIMA said in a post on X.
The announcement by FAIMA came soon after several RDAs called off their strike over the Kolkata incident following an appeal from the Supreme Court.
The assault and murder of the junior doctor at Kolkata's RG Kar Medical College and Hospital has sparked nationwide protests.
The doctors had several rounds of meetings with the Union health ministry and demanded a fast and transparent investigation by the CBI into the tragic incident, formation of a Central Protection Act and the implementation of safer conditions and security improvement measures in all institutes and medical colleges.
However, the talks failed to yield results as the doctors continued their stir.
With the Supreme Court's intervention, the doctors took the call of ending their strike.
"We are resuming duties following the Supreme Court's appeal and assurances and intervention in the RG Kar incident and the safety for doctors. We commend the court's action and call for adherence to its directives. Patient care remains our top priority," the Resident Doctors' Association, AIIMS, New Delhi, said in a post on X.
The resident doctors' association of RML Hospital said in a statement that "given the court's intervention and the progress made in addressing their demands", they would resume their duties from 8 am on Friday.
The Resident Doctors' Association of Indira Gandhi Hospital also lauded the Supreme Court for "addressing the broader issue of the safety and security of healthcare workers nationwide".
The junior doctor's body was found on August 9 with severe injury marks inside the seminar hall of the state-run RG Kar Medical College and Hospital in Kolkata.
A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.
On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.
The doctors' body at the LNJP Hospital also ended their strike and said they would resume their work on Friday morning.
Earlier in the day, a bench headed by Chief Justice D Y Chandrachud issued a slew of directions on the safety of doctors, norms for protests, rights of protesters as well as the West Bengal government.
Making an impassioned appeal to the protesting doctors across the country, the apex court also asked them to get back to work, saying "justice and medicine" cannot be stopped and moreover, it was issuing all the necessary directions to ensure their safety. It further directed no coercive action against them.
The court directed the secretary in the Union health ministry to engage with the chief secretaries and directors general of police to ensure that the states and Union territories put in place certain basic minimum requirements for safety measures for doctors.
It also said the exercise of holding meetings should be completed within a week from Thursday.
New Delhi | The Federation of All India Medical Association (FAIMA) on Thursday decided to end its 11-day strike, called to protest against the rape and murder of a medic in Kolkata, following "positive directions" from the Supreme Court.
The apex court earlier in the day asked protesting doctors to resume work and assured them that no adverse action would be taken after they rejoin.
"#FAIMA has decided to call off the strike following positive directions from the #Chief Justice of India. We welcome the acceptance of our prayers for interim protections and the necessary steps to enhance security in hospitals. United, we will continue to fight legally," FAIMA, an umbrella body of doctors, said in a post on X.
The move comes soon after several resident doctors' associations (RDAs) called off their strike over Kolkata incident, following an appeal from the Supreme Court.
RDAs of AIIMS Delhi, RML Hospital, Lady Hardinge Medical College and the Delhi government-run Indira Gandhi Hospital also announced their decision to call off the strike.
The assault and murder of the junior doctor at Kolkata's RG Kar Medical College and Hospital sparked nationwide protests. On August 12, RDAs started a nationwide protest, halting outpatient department (OPD) services. Emergency services continued as usual.
