Litigation over NEET cases "symbolic of the need for reforms in medical education in India": CJI
New Delhi: Taking note of the fact that a large number of cases concerning NEET and medical admission reach the Supreme Court, the Chief Justice of India DY Chandrachud has recently observed that this indicates the need for reforms in medical education.
This observation was made by the CJI while he was delivering the 19th Sir Ganga Ram Oration on the topic "A prescription for Justice: Quest for fairness and equity in healthcare."
"Several cases challenging National Medical Commission's decisions or cases relating to NEET have found their way to my bench at the Supreme Court. Often, courts cannot enter policy domain and it is the duty of the state to listen to the representations made by the students. However, whenever injustice is done, it becomes our bounden duty to intervene. The sheer volume of litigation of NEET cases is indicative of the hopes and aspirations of millions of students. It is proof that medicine is one of the most sought-after professions in India. Yet, the litigation is also symbolic of the need for reforms in medical education in India," the CJI observed at the occasion.
Numerous cases involving National Eligibility-cum-Entrance Test (NEET)- including the exams, prayer for postponement, counselling schedule and process, fixation of quotas, disputes over medical admissions etc. end up before the Supreme Court bench seeking intervention of the Apex court bench.
Several such cases are still pending before the top court bench. In fact, currently, the Supreme Court is considering a plea seeking postponement of the NEET PG 2023 examination.
Also Read: Supreme Court hearing on NEET PG 2023 postponed, to continue on Monday
In this context, the CJI recently noted that the principles of justice underlay the practice of both law and medicine and both the fields are concerned with fairness, equality and the well-being of communities and individuals. Referring to the conjuction of health and justice, the CJI cited the struggle of LGBTQ+ community. The NGO (AIDS Bedhbhav Virodh Andolan in 1994), which had led the movement for decriminalizing homosexuality, had began its journey out of a growing concern regarding the sexual health of men.
As per the latest media report by Live Law, addressing the issues of inequalities in access to healthcare, the CJI mentioned, “People belonging to marginalised communities are perpetually faced with barriers in accessing health care. Social determinants of health, i.e. factors outside the healthcare system such as class, caste, gender, regional location often determine health status of an individual. Injustice in healthcare becomes evident when one looks at the people not merely by the means of a stethoscope but by understanding their social determinants to health.”
Justice in Healthcare:
The CJI also discussed about the justice in healthcare with the opinion that there should be 'health equity'. The phrase indicates that each person has a fair, just and equal opportunity to be healthier.
Apart from this, justice in healthcare also includes ethical principles governing the interaction between medical professionals and patients, with a view to give primacy to patient care and the bodily integrity and autonomy of a patient. The ultimate goal is achieving fairness, promoting dignity, and ensuring that people have similar capabilities to lead healthy lives and contribute to the society.
Violence Against Doctors:
Further addressing the instances of violence against doctors, the CJI referred to the issue of violent reactions by public whenever a patient loses life during treatment. In this regard, the CJI lamented that such instances put the lives of health professionals at risk.
“This dehumanization of healthcare has often resulted in violent confrontations between the citizens and hospitals, with medical professionals being caught in the crossfire. This puts the lives of medical professionals at risk and creates a hostile environment for them to work in. The violence ends up hampering the delivery of medical services, which can have serious consequences for patients," observed the CJI.
Increasing diversity in recruitment of staff members:
While discussing the ways for making healthcare more accessible to disadvantaged groups, the CJI opined that it might be beneficial that culturally cognizant environments are created for catering to these groups/
"Increasing diversity in recruitment of staff members can be an important step towards healthcare equity. Sensitivity to different cultures, patient-centered care and community engagement spearheaded by the senior medical professionals would go a long way," observed the CJI.
At this outset, the CJI also referred to the judgment passed by him in the case Neil Aurelio Nunes. While considering this case, the Apex Court had recognized the importance of diversity in medical education by reconceptualizing the meaning of 'merit'.
In this regard, the court had observed that "merit cannot be separated from the function of the existing inequalities in society".
Referring to this judgment, the CJI noted, "Special provisions (including reservations) are methods to ameliorate the structural inequalities. Fortitude required to uplift oneself from conditions of deprivation is reflective of individual merit and calibre."
"The need of the hour is for healthcare providers, community leaders, lawmakers and policymakers to work together to identify possible initiatives and solutions that promote equitable access to healthcare", he added.
Further praising the efforts by doctors as frontline warriors during the COVID-19 pandemic, CJI, before concluding, also put emphasis on the need for the medical professionals for cultivating 'rest-ethic' in their lives.
"Just like every doctor present here must have prescribed “plenty of rest” to their patients, I hereby order everyone gathered here today to pause, take a break and cultivate a ‘rest ethic’ in your professional lives. Caring for ourselves and providing the space for our juniors to self-care is a sign of strength. It is my hope that we are able to make those much needed structural and institutional changes to implement this unenforceable order," the CJI noted.
Finally, the CJI concluded his address with a quote of Dr. Rudolf Virchow, also Known as the father of modern pathology:
"Should medicine ever fulfil its great ends, it must enter into the larger political and social life of our time; it must indicate the barriers which obstruct the normal completion of the life cycle and remove them."
Also Read: Saddened to witness rising violence against doctors, says CJI Ramana
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