36-hour shifts for doctors ’inhuman’, ’justice and medicine cannot go on strike’: What SC said on Kolkata rape-murder

The Supreme Court flagged ‘inhuman’ working conditions for doctors during a hearing for the Kolkata rape-murder case on Thursday. The apex court also lambasted the Kolkata Police for its handing of the case and questioned the 14-hour delay before an FIR was lodged. The three-judge bench led by Chief Justice DY Chandrachud has urged doctors to end their ongoing agitation and assured that there would be no reprisals.

“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!” said Chief Justice of India DY Chandrachud.

The Bench headed by Chief Justice D Y Chandrachud asked the 10-member National Task Force formed earlier this week to week to streamline and regulate the working hours of medical professionals. 

The Indian Medical Association had previously flagged the 36-hour duty shift that the victim was undertaking at the time of her death and the lack of safe spaces for rest and adequate rest rooms. A missive to Prime Minister Narendra Modi had also called for a thorough overhaul of the working and living conditions of the resident doctors.

Key quotes from the SC hearing:

• No adverse action against protesting doctors
  “Let the health professionals return to work and once they return to duties, the court will prevail upon authorities to not take adverse action. How would the public health infrastructure function if doctors did not return to work…justice and medicine cannot afford to be stopped,” the court said.
• ‘Peaceful protests shall not be disturbed’
  “This court has not injuncted the state from exercising such lawful powers as entrusted in law, however, we categorically affirm that peaceful protests shall not be disturbed and state shall not take action against those peacefully protesting against the incident at RG Kar College,” LiveLaw quoted CJI DY Chandrachud as saying.
• ‘Why was FIR lodged after 14 hours of delay?’
  “What is the reason for FIR to be lodged 14 hours of delay. The principal of the college should have supposed to come straight to the college and filed the FIR — Whom is he protecting ? He resigned and was assigned another college…?” the CJI asked.

(With inputs from agencies)