“Protest cannot be at the cost of duty...": SC Directs Protesting Doctors to Resume Work by 5pm on Sept. 10

The Supreme Court on Monday directed doctors in West Bengal who have been on strike to return to work by 5 PM Tuesday. If they comply, the Court stated, no adverse action will be taken against them.

Chief Justice of India DY Chandrachud emphasized the need for doctors to resume their duties. “We want to ensure that doctors resume work. They are in a system to render service. We will provide facilities but they have to reciprocate,” the Chief Justice said. He warned that continued abstention from work could lead to disciplinary actions.

The Chief Justice noted that the West Bengal government had promised to enhance safety measures for doctors, including the installation of CCTV cameras and improved facilities. The District Collectors and the Superintendent of Police have been tasked with overseeing these measures.

Senior advocate Kapil Sibal, representing West Bengal, assured that no punitive measures, such as transfers, would be imposed on doctors who return to work. He highlighted the severe impact of the strike, which has led to 23 patient deaths and affected over 600,000 individuals seeking treatment.

Despite these assurances, Senior Advocate Geeta Luthra, representing resident doctors, argued that the junior doctors faced threats and bullying, which prompted their strike. She noted that while junior doctors were on strike, senior doctors continued working and provided voluntary services outside hospitals.

The Court was firm in its directive: “Protest cannot be at the cost of duty,” said the Chief Justice. “If doctors do not resume work, we cannot stop the government from taking disciplinary action. First, return to work... You cannot say that seniors are working so we will not,” he added.

This case stems from a suo motu action taken by the Supreme Court following the brutal rape and murder of a trainee doctor on August 9. The Court has scheduled further hearings for September 17, prior to which, the CBI has been asked to submit a fresh status report.​