Should Ukraine Medicos be Declared War Victims? SC to hear matter

New Delhi: Demanding that Ukraine returned medicos be declared as war victims, a plea had been filed before the Supreme Court, which has listed the matter for hearing on September 12, 2022.

Filed by National Medical Forum, a national organization of doctors in India, Public Interest Litigation (PIL) under Article 32 of the Constitution of India seeks to safeguard and enforce the fundamental rights of the evacuee Indian students of war-torn Ukraine, particularly the Right to Life, Right to Education and Right to Equality enshrined and guaranteed under Article 21 and Article 21A & Article 14 of the Constitution of India.

The Forum has prayed before the top court bench that the evacuee Indian students of war-torn Ukraine, who have been brought back to India be declared as "War Victims/Protected Persons" under the Geneva Conventions of 1949 which has been ratified by India and under other International Treaties or conventions to which India is either a party or a signatory as per Article 51 of the Constitution of India.

National Medical Forum further urges that the laws in relation to the medical evacuee Indian students of war-torn Ukraine needs to be relaxed by the NMC in consultation with the State to grant them not only ease of internship but to continue their education from India and abroad but also in their permanent registration to practice and profess their careers in India.

Several universities throughout the world has already opened their arms to such Indian students who have been impacted by the horrors of war.

Dr. Prem Aggarwal, President of, National Medical Forum appraised the arduous and commendable job of the Government in evacuating almost 22,500 Indian Students safely from war-torn Ukraine and bringing them to India who was stranded and stuck after the airfields were closed in Ukraine post declaration of war by the Russian Federation.

He also emphasized on considering the present scenario and the plight of such students must be declared as "War Victims / Protected Persons" under the Geneva Conventions, which have duly been ratified by India and under the other international Treaties and conventions to which India is either a party or a signatory, under the International Humanitarian Law, which would enable the world community at large to foster help and support to such students in continuing their education and enable them to have access to better job opportunities.

Also Read: National Medical Forum demands consideration of Ukrainian returned medicos as war victims

In their plea, the Forum has sought the following reliefs for the war-torn students of Ukraine:

(a) That all the evacuee Indian students of war-torn Ukraine, as "War Victims/Protected Persons" under the Geneva Conventions and other International Treaties and conventions to which India is either a party or a signatory;

(b) to issue specific guidelines or directions in so as to relax the (Foreign Medical Graduate Licentiate), Regulations, 2021" to enable the evacuee students to continue their education and further be entitled to apply for license or Permanent registration to practice in India ;

The matter has been listed for hearing before the Supreme Court on 12.09.2022.

Medical Dialogues had earlier reported that the National Medical Forum had written to the Prime Minister Narendra Modi in this regard and urged him to consider those evacuated medical students from Ukraine as war victims. 

In their letter to the Prime Minister, the Forum had mentioned, "By Geneva convention, these migrations were forced and as a result of the unfortunate war between the two countries leading to a loss of fruitful employment and living opportunities for these displaced students and thus these displaced and migrated students should be considered as War Victims."

While the medicos from Ukraine have been demanding for being included in the medical colleges in India, the National Medical Commission (NMC) has clarified that they cannot be accommodated in the Indian Medical institutes.

However, recently providing relief to the medicos, NMC gave its 'No Objection' to the Academic Mobility Programme for Indian medical students who are enrolled in Ukraine medical institutes provided that other criteria of Screening Test Regulations 2002 are fulfilled. 

Also Read: NMC gives no objection to Academic Mobility Program for Indian medical students in Ukraine