Kolkata Doctor Rape Murder Case: What Supreme Court Told Protesting Doctors

The Supreme Court of India, led by Chief Justice DY Chandrachud, has called for protesting doctors to return to work, emphasizing that the nation's poor cannot be left without medical care. This directive was issued during a hearing on petitions concerning the recent rape and murder of a 31-year-old doctor at a Kolkata hospital—a crime that has shocked the country.

During the proceedings, a lawyer representing resident doctors from AIIMS Nagpur informed the court that these doctors were being marked absent as they participated in the protests. 

Addressing this concern, Chief Justice Chandrachud stated, "If they are on duty, they will not be marked absent, and if they are not on duty, then the law will take its course. First, ask them to return to work—no adverse action will be taken against any doctor. If issues arise afterward, they can approach us, but let them first report to work."

The Chief Justice further highlighted the critical nature of healthcare in India, noting that some patients wait for up to two years for appointments. "The poor cannot be left in the lurch," he stressed, underscoring the importance of doctors resuming their duties.

A lawyer representing doctors from PGIMER Chandigarh argued that the protesting doctors were being victimized. In response, Chief Justice Chandrachud reiterated the court’s stance: "Doctors must return to duty first. Once they do, we will ensure that authorities do not take adverse action. Otherwise, how will the public health infrastructure function if doctors do not work?" He added that the court's assurance should be sufficient for doctors to resume their duties.

Doctors' concerns to be addressed by National Task Force

The court also assured the doctors that their concerns would be addressed by the National Task Force, a body established to recommend improvements in doctors' working conditions and to ensure their safety. 

The bench clarified that while it understands the need to include various stakeholders in discussions, the Task Force, which includes senior women doctors dedicated to public health, is equipped to hear all relevant voices, including those of interns, residents, nurses, and paramedical staff.

The Supreme Court’s call for doctors to return to work comes with a commitment to address their concerns through the appropriate channels, ensuring that the public health system remains functional while the necessary reforms are pursued.