Doctors' safety: SC refuses to pass urgent orders

The Supreme Court on Tuesday refused to pass any urgent orders on plea to provide security to doctors in government hospitals, having noticed that their strike following an attack on them in West Bengal has already been called off.

A bench of Justices Deepak Gupta and Surya Kant said the matter would be posted before appropriate bench after summer vacations.

"Now the strike is over, we are not going to pass any order. We listed the matter for today due to urgency. But now, the strike has been called off, list it before appropriate bench," the court said.

Advocate Alakh Alok Srivastava, who filed the PIL in his own name, urged the court to issue notice in the matter.

The Indian Medical Association led by advocate Surya Narayana Singh said that unless doctors are protected, they would continue to face attacks. He said the measures must be taken to ensure security to doctors. Several states are already having the law.

"We know it is a serious issue. But we can't protect doctors at the cost of other citizens. We have to take a holistic picture," the bench said.

"Can we direct state to deploy police force, we don't know the strength of police. It is like saying there should not be any murder. We can't pass orders as of now, we don't know what kind of security can be provided. We pass orders which can be implemented, we are not dismissing the petition," the bench said.

Citing assault on junior doctors at NRS Medical College and Hospital in Kolkata on June 10, Srivastava sought a direction to formulate "appropriate guidelines/ Act/ Rule or Regulation" to protect the doctors working at government hospitals.

In his PIL, the advocate contended as per a study conducted by Indian Medical Association (IMA), more than 75 per cent of doctors across the country have faced at least some form of violence. This study concluded that 50 per cent violent incidents took place in the Intensive Care Unit of hospitals, and in 70 per cent of cases, the relatives of the patients were actively involved.

"The doctors are our saviours and particularly those working in government hospitals are doing great national service, specially to the poor and downtrodden of this country, in extremely adverse circumstances," the petiton stated.

Srivastava said he filed the petition to resolve amicably the ongoing protests and strike of the doctors, in order to save lives of lakhs of patients.

Seeking strict action in Kolkata incident, the petitioner pointed out grave injury was being caused to the public at large due to "legislative vacuum and inaction" on the part of the government in such cases.