Inhumane 36-Hour Shifts Must End: Supreme Court Intervenes for Resident Doctors’ Well-being

In a significant hearing on August 22, 2024, the Supreme Court of India raised concerns regarding the safety and inhuman working hours of resident doctors across the country. During the suo motu hearing concerning the rape and murder of a trainee doctor at RG Kar Medical College Hospital, Kolkata, the Court expressed deep concerns over the grueling work hours of medical professionals and directed the National Task Force (NTF) to address these issues. The Bench also ordered interim safety measures for doctors and set timelines for various stakeholders to take action.

Concerns Over Inhuman Working Hours

• The Bench, comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, highlighted the issue of inhuman working hours endured by resident doctors across the country.
• The CJI DY Chandrachud stated, “We are deeply concerned about the inhuman working hours of resident doctors across the country. Some doctors work 36-hour shifts. The committee appointed should look into streamlining the on-duty hours of all doctors. 36 or 48-hour shifts are just inhuman!”
• The Court directed that the NTF take into consideration suggestions made by resident doctors and other medical professionals while framing recommendations for safety protocols.

Ministry of Health Directed to Open Redressal Portal

• The Court ordered the Union Ministry of Health and Family Welfare to create a redressal portal for stakeholders to submit their concerns to the NTF.
• The Court recorded in its order: “It is undoubted that the views of diverse stakeholders be taken by the NTF before framing the recommendations. To facilitate the filing of suggestions before the NTF, we direct the Secretary, Ministry of Family Welfare of the Union to open a specific portal on the website of the ministry on which the different stakeholders can submit their suggestions for consideration.”

Recommendations for Doctor Safety

• Several intervenors proposed exploring measures such as:
  1. Distress call systems linked to nearby police stations, especially for female doctors.
  2. Institutional FIRs to ensure prompt registration of crimes.
  3. Creation of compensation distress funds.
• The Court instructed the NTF to consider these suggestions.

Union and State Coordination for Interim Safety Measures

• Advocate Tanvi Dubey, representing intervenors FAIMA and the National Federation of Resident Doctors of AIIMS, informed the Court that resident doctors are prepared to resume work but are petrified due to insufficient safety measures at their workplaces.
• Dubey stated: “Letters are sent by the resident doctors, which say we are ready to join but they are requesting for interim protection. They are petrified, they want security and CCTVs at the entrances.”
• Responding to this, the Supreme Court directed the Secretary of the Union Ministry of Health to collaborate with the State Chief Secretaries and Director Generals of Police to implement interim safety measures for doctors while awaiting the NTF’s report.
• The Court directed: “We direct that the Secretary of the Union Ministry of Health engages with the Chief Secretaries of the State and Director Generals of Police to ensure that the State Governments and UTs put into place such basic requirements pending the report of the Task Force to address the concerns of doctors over their safety.”

Timelines for Implementation

• The Supreme Court ordered that the Union and State Secretaries complete the exercise of holding the meeting within one week, and that the States take appropriate actions within a period of two weeks thereafter.
• The Supreme Court also issued directions to State Governments to refrain from taking any adverse steps against protesting doctors and to ensure that peaceful protests proceed according to protocol.
• The Court criticized the West Bengal Police for shortcomings in their investigation of the rape and murder case involving a trainee doctor at RG Kar Medical College Hospital.

Click to read: In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024