Doctors rose as unwavering heroes during COVID-19 pandemic: Supreme Court
Supreme Court of India
New Delhi: While considering the case concerning the Pradhan Mantri Garib Kalyan Package: Insurance Scheme for those healthcare workers who were not formally requisitioned by the Government, the Supreme Court reflected on the scale of the COVID-19 crisis and the role played by doctors and healthcare workers.
Terming the COVID-19 pandemic as "unprecedented in its global sweep and consequence," the Apex Court bench of Justices PS Narasimha and R Mahadevan further observed, "Not since the 1918 influenza pandemic, an event coeval with the first world war, had a single infectious disease inflicted such widespread crisis on human civilisation. The global death toll rising to millions, as revealed in the World Health Organisation’s data, presents a tragic picture of this disruption. While COVID-19 pandemic exposed an acute systemic fragility within the global healthcare sector, highlighted lack of preparedness and strained the capacity of health professionals.."
Recognizing the role played by doctors during the pandemic, the bench noted, "...our doctors and health professionals rose as unwavering heroes, turning challenges into courage."
The Apex Court took note of the COVID-19 registry by the Indian Medical Association (IMA), which recorded the deaths of 748 doctors in the first wave and hundreds more in the subsequent waves, and, as per one estimate, around 798 doctors lost their lives during the second wave alone.
While discussing the case, the Supreme Court bench also took note of how the public in general responded to the pandemic, and noted, "The country has not forgotten the situation that prevailed at the onset of Covid-19, when every citizen contributed in some measure, despite fear of infection or imminent death. That is also a moment of pride and recognition of the strength of character and discipline that our people demonstrated when circumstances demanded it."
The bench also observed that the courage and sacrifice by the doctors remain indelible, when, after five years of the pandemic, the laws and regulations that were enacted for urgent requisition of doctors and health professionals to safeguard the public from the seemingly overwhelming onslaught of Covid-19 are being interpreted by the Court.
"We have no hesitation in concluding that invocation of laws and Regulations were intended to leave no stone unturned in requisitioning the doctors and the insurance scheme was equally intended to assure doctors and health professionals in the front line that the country is with them. In this view of the matter, we are not inclined to take the view that there was no requisitioning of the doctors and medical professionals," noted the Apex Court bench.
The Apex Court bench observed that four years after the pandemic, the Court could not ignore the situation prevailing in 2020 while interpreting the Pradhan Mantri Garib Kalyan Yojana. It explained that the emergency situation meant immediate action was required and that the individual letters requisitioning doctors were not feasible. The court also emphasised that the Epidemic Diseases Act, 1897, and the Maharashtra Prevention and Containment of COVID-19 Regulations, 2020 had to be understood in the context of those circumstances.
Regarding the issue of requisition, the bench observed, "Once we have decided that there was ‘requisition’, the applicability of the insurance policy will then depend upon actual evidence. Whether the doctor or healthcare professional has, and in fact, presented and offered his or her services in furtherance of COVID-19-related responsibilities is a matter of evidence. If there is clear evidence that the deceased lost his life while performing COVID-19-related duties, the policy will have to be applied. We have already indicated that our enquiry is confined to determining the question as to whether there is ‘requisition’ of the services of doctors and health professionals. We are not examining the credibility of individual claims. It is for the concerned offices or agencies to look into individual claims on the basis of clear evidence."
Concluding that the laws and regulations invoked in March 2020 were intended to leave no stone unturned in requisitioning the doctors, the Court held, "We have no hesitation in concluding that invocation of laws and Regulations were intended to leave no stone unturned in requisitioning the doctors and the insurance scheme was equally intended to assure doctors and health professionals in the front line that the country is with them. In this view of the matter, we are not inclined to take the view that there was no requisitioning of the doctors and medical professionals."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/1561520216150166742judgement11-dec-2025-314269.pdf
