Cannot Monitor Every Incident- SC junks Pleas for more Guidelines on Doctors Safety

New Delhi: Observing that it cannot be expected to monitor each and every incident, the Supreme Court recently refused to examine pleas seeking more guidelines to protect doctors from the rising instances of assaults. Referring to a previous order passed by the Apex Court, the bench comprising Justices Bela M Trivedi and Prasanna B Varale observed that the related guidelines for doctors' safety already existed and that the petitioners were at liberty to file appropriate proceedings.

When the petitioners' advocate urged the court to supplement and strengthen the already existing guidelines, the Court observed that it was for the Parliament to enact a law on this.

In response to the arguments made by the petitioners' counsel highlighting instances of assaults on doctors, the Apex Court bench agreed that they were all very unfortunate incidents. However, it noted that "...the Supreme Court cannot monitor each and every incident sitting here." 

These observations were made by the bench while considering three pleas filed in 2022, alleging rising cases of assaults on doctors. These pleas sought framing of comprehensive guidelines for their protection.

Also Read: What are you doing to protect doctors against violence? SC asks Govt council

Among these three pleas, one of the pleas sought a CBI probe into the alleged suicide of a gynaecologist in Dausa, Rajasthan. The gynaecologist killed herself in Rajasthan after being allegedly harassed by a mob following the death of a patient during her delivery on account of excessive bleeding.

Medical Dialogues team was the first to report about Archana Sharma's case, a gynaecologist, who had ended her life by suicide in Rajasthan being unable to bear the pressure of allegations of medical negligence and murder charges. She had hanged herself inside a room of the hospital, after the deceased patient's family created a ruckus blaming the doctor for the patient's death and filed an FIR against the late doctor and her husband.

Pleas were filed by Delhi Doctors Forum, Indian Medical Association (Dwarka), and Suneet Kumar Upadhyay seeking a CBI probe into the alleged suicide of the late doctor.

PTI has reported that during the hearing of the matter on Wednesday i.e. on 23rd April, 2025, one of the counsel appearing for the petitioners referred to the top court's order dated October 21, 2022, when the Court had issued notice to the Centre and others seeking their replies on these pleas.

One of the counsels appearing for the petitioners said that the reality was that even if there was judgement from the apex court, nothing changed on the ground.

At this outset, the bench questioned, "So what is the point in again giving guidelines?"

When the lawyer said Parliament had also considered this issue, the bench said, "It is for the parliament to do."

Meanwhile, the lawyer argued that the police should be trained to deal with cases of assault on doctors. However, the bench observed by saying that "These are all policy matters".

Senior advocate Gopal Sankaranarayanan, appearing for one of the petitioners, said the concern was that liberally, police stations across the country were registering cases against doctors whenever patients unfortunately passed away during treatment.

However, in response, the bench asked, "How can such a general allegation be made against all police stations?"

The Court also observed that since the Apex Court had already issued guidelines in its previous verdict, any violation of the directions would amount to contempt. The bench also questioned, "How general directions could be given like this?"

Sankaranarayanan said pursuant to the notice issued by the apex court in October 2022, four states filed their responses and they did not raise an objection on maintainability of the plea.