Supreme Court postpones hearing on plea over resident doctors' 'inhuman' duty hours

Written By :  Adity Saha
Published On 2026-08-01 08:17 GMT   |   Update On 2026-08-01 08:17 GMT
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New Delhi: The Supreme Court recently postponed the hearing of a Public Interest Litigation (PIL) challenging the 'inhuman' working hours of resident doctors and seeking the implementation of the residency scheme, noting that the Union government's counter affidavit, though filed months ago, was not available on record during the hearing.

The adjournment was granted after the Registry failed to place the Centre's counter-affidavit on record. A division bench comprising Justices M.M. Sundresh and Prasanna B. Varale directed the Registry to trace the Centre's counter-affidavit and place it before the Court.

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"We will take it up next week. Registry is directed to trace the counter and put up," the Bench said while hearing the matter.

During the hearing, the Court asked whether the Union government's response had been filed. Counsel appearing for the respondents informed the Bench that the counter affidavit had been submitted around December 10, 2025.

Also read- Doctors' duty hours: Supreme Court to hear Uniform residency scheme plea on July 31

Taking note of the submission, the Bench directed the Registry to locate the document and place it on record. 

Senior Advocate Sonia Mathur, appearing for the petitioner, submitted that the case was not an adversarial dispute.

"It is not really adversarial, Lordship," she told the Bench as quoted by lawbeat

The respondent's counsel further submitted that the Union government should also be heard, given its significant role in the issue.

The Bench asked whether the Union was already a party to the proceedings.

After being informed that it was, the Court directed that the Union be served and listed the matter for September 17.

The petition was filed by the United Doctors Front (UDF), which has sought implementation of the 1992 Central Government notification that restricts the duty hours of resident doctors to 12 hours a day and 48 hours a week.

Medical Dialogues reported that last year, the doctors under the United Doctors' Front (UDF) had filed a Public Interest Litigation (PIL) in the Supreme Court against the "inhumane working hours of resident doctors". The association has challenged the "exploitative and unconstitutional working conditions imposed on resident doctors across the country".

The plea, filed through Advocates Mr Satyam Singh and Ms Neema AOR, sought urgent intervention from the Apex Court to enforce compliance with the Ministry of Health and Family Welfare's 1992 directive notification, which mandates that resident doctors should not work more than 12 hours per day and 48 hours per week.

The PIL highlighted that despite clear directives from the Supreme Court over three decades ago, medical institutions continue to violate prescribed standards with impunity. The petition cites the National Task Force report on Mental Health and Well-being of Medical Students, which documented over 150 suicides of medical students within five years, primarily due to work-related stress and sleep deprivation.

Meanwhile, a Parliamentary Standing Committee on Health and Family Welfare, headed by MP Prof. Ram Gopal Yadav, in its 172nd report, submitted on 18.03.2026, also addressed the issue of duty hours of resident doctors.

Expressing concern about the excessive workload of doctors, the panel highlighted the possibility of clinical errors and burnout resulting in compromised patient safety and recommended formulating and strictly enforcing a "Clinical Duty Hours Regulation" policy with mandatory rest periods and monitored rosters.

"The Committee is concerned about excessive continuous duty hours for Junior and Senior Residents and the risk of clinical errors and burnout, thereby compromising patient safety. The Committee, therefore, recommends that the Department formulate and strictly enforce a 'Clinical Duty Hours Regulation' policy with mandatory rest periods and monitored rosters, drawing a direct analogy from other safety-critical professions like civil aviation to prevent fatigue-induced accidents," the Committee mentioned in its report.

Also read- Doctors urge health minister to implement panel recommendations for 'Pilot-like' duty hours

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