No stipend to MBBS interns is bonded labour: Supreme Court slams NMC

New Delhi: Expressing grave concerns regarding the issue of non-payment of stipends to the MBBS interns across the country, the Supreme Court on Monday termed it as "bonded labour".

While considering the matter, the Apex Court bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra also pulled up the National Medical Commission (NMC) for the delay in furnishing its reply on the plea that alleged that 70 per cent of medical colleges in the country do not pay any stipend to MBBS interns.

"This is like bonded labour. These are all students who have finished 4 years...what is NMC doing? They allow big colleges to take crores and these poor students who work at 20 hrs a day, they're not paid at all," observed the bench.

The bench headed by CJI D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Mishra, asked the Union government and NMC to furnish the tabular information within a period of six weeks relating to payment of stipend to medical students during their internship as part of the five-year MBBS degree course, adds IANS.

"Therefore, the bench also allowed impleadment of the government of National Capital Territory of Delhi as a respondent party and ordered, "Notice shall issue to the NCT of Delhi, returnable on 30 October 2023. Liberty to serve the Standing Counsel for the NCT of Delhi, in addition," read the order.

Also Read: Non-payment of Stipend to MBBS Interns: Supreme Court tells NMC to respond in Four Weeks

Medical Dialogues had earlier reported that the Supreme Court bench had taken cognisance of the issue while considering a plea filed by five MBBS students studying at Army College of Medical Sciences (ACMS) affiliated with Guru Govind Singh Indraprashtha University seeking stipend for the period of internship.

Last month while considering the plea filed by the ACMS Students, the top court bench had directed the medical college to start paying its Interns Rs 25,000 per month from October 1, 2023.

"The interns are required to be paid stipend during the period of internship. Mandate of regulations adopted by the NMC cannot be breached", the bench stated in its order.

Taking into account that the college is being run by a welfare society for the children of Army personnel, the bench had given the institution liberty to approach the Fee Regulatory Committee in Delhi with a representation of likely financial impact of the Court’s directions. It said that the fee regulatory committee shall determine whether enhancement of fees of students of the college is necessary to meet the additional expenditure on account of payment of stipend.

Further, with respect to the students who have already completed the internship in the immediately previous batch, the Court said that it is included to fix a lump sum payment.

During the hearing of the case on Monday i.e. October 16, 2023, the counsel for ACMS, Mr R Balasubramanian informed the bench that in compliance with the interim order, an amount of Rs 25,000 per month is being paid to the current batch of interns and a total amount of Rs 26.25 lakhs for 105 students was paid on 30 September 2023.

Taking note of this, the Supreme Court ordered the college yesterday, "The first respondent shall continue to make the payment to all interns of the current batch from month to month."

Meanwhile, the counsel for Mr. R Balasubramanian further informed the Court that the State Fee Regulatory Committee has not been constituted by the Delhi Government, and due to this, the Army College of Medical Sciences (ACMS) was unable to move the Committee in terms of the previous directions of the Court.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-stipend-223100.pdf

Also Read: Will Supreme Court's intervention finally solve the stipend disparity of MBBS interns? Doctors hopeful for verdict