Junior docs tell SC ready to work if state executes ‘confidence-building measures’

Kolkata: The junior doctors in Bengal who are on a cease-work protest demanding justice in the RG Kar rape and murder case, assured the Supreme Court on Tuesday they are ready to resume duties, provided the confidence-building measures, which were agreed upon during the meeting between them and the Chief Minister on September 16, are put in place.

The Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra was hearing the RG Kar case on Tuesday when the senior advocate Indira Jaising, representing an association of junior doctors, made such a submission.

The court also found merit in the prayers submitted by the junior doctors to the state government which included formation of a broad-based monitoring committee in each hospital having administration, academics, nurses, doctors and other healthcare staff etc. Further, formulation of a confidential grievance redressal system at the hospital for the redress of grievances of the students, doctors, and formation of internal complaint committees in accordance with the Sexual Harassment of Women At Workplace (Prevention of Sexual Harassment Act 2013), among others.

The court said: “Each of these aspects would merit serious consideration. We impress upon the state of West Bengal to take remedial action if not already done, within a period of 3 days from this order”.

“We are not modifying our last order, we have created the conditions for coming back to work, let them (Govt) do what they have to do to implement the orders,” CJI said.

During the hearing, the court also took note of the affidavit filed by the State Government regarding the measures adopted by it to increase the security in hospitals. The court noted that in the RG Kar Hospital, only 37 CCTVs have been installed, though the state said that 415 would be installed. When advocate Kapil Sibal, representing the Bengal government, said that the process is underway, CJI commented that the progress was slow. Further, the court expressed disapproval of a notification issued by the West Bengal government, under ‘Raater Saathi’ initiative which stated that night duty should preferably be avoided for female doctors. It was issued following the rape and murder case at RG Kar Medical College Hospital Kolkata.

“How can you say women cannot work at night? Why limit the women doctors? They don’t want a concession...women are ready to work at exactly the same time shift,” CJI said. CJI said that the hours of duty should be reasonable for all doctors and that it would be inappropriate to target women doctors as compared to their male counterparts. Also, the court objected to hiring of contractual security agents for protection of doctors, pointing out that the accused in the rape and murder is a civic volunteer.