• Assigning 36 hours duty continuosly to the medical PG students by the government hospital

Sir
My daughter recently joined first year post graduate medical course (MS Gynacology) in the Government Kilpauk Medical College, Chennai. She joined in this course after clearing the NEET examination 2019. Now the problem what she is facing is that she has been assigned duty in the wards continuously 36 hours or some times more than 36 hours. For example if she goes to the hospital on Monday morning at 7.00 am, she will be attending the duty from monday morning 7.00 am to next day (Tuesday) evening 7.00 pm. whenever students are attending the night duty they have not been given off on the next day. No rest for them. How a person can perform 36 hrs duty continuously without sleep,without taking rest. Tuesday night she will take rest and again the duty starts on wednesday morning 7.00 AM and goes up to thursday evening 7.00 pm. This is the duty cycle for them. No holiday for sundays. In between a week also no holiday given.
My question here is,
1) is it not a violation of human rights?
2) if a person attends night duty, is he not eligible to take off on the next day ? 
3) whether can i file a case on behalf of my daughter in the honble court for remedy? 
4) (or) can i file a public interest litigation in the honble court?.
5) If i file, whether any possibility for me to win the case? 

V.Murugaiyan
Asked 6 years ago in Labour

2 answers received in 10 minutes.

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13 Answers

1. This is how the duties are being assigned in medical colleges 

2. Depends on the rule of the colleges 

3. If your daughter is aggrieved then she may go ahead and file a case but no such case will be maintainable in the court of law.

4. However, if you wish to file a PIL then the same will have to be filed through a person who does not have any interest in the litigation and is a third party and that the PIL will be filed for public at large and not for the daughter only. 

5. Is their any statutory rule that the medical colleges are required to follow, which they are violating? 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

This is the state of affairs in all government medical colleges in India and this due to shortage of doctors. The senior resident doctors tell the junior ones to perform their duty too sometimes. But that happens and al the doctors go through  this although it should be condemned and stopped.

You may file a case in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

This may be for all students or she only being harassed this way, if with all, all student should gather together and agitate. It will publish in news paper, automatic relief. 

Otherwise, request the DEAN, as such assignment is inhuman and diminishing body peace and strength and directly effect the capacity of student both mental and physical.

Person cannot work for more than 48 hours in a week and not more than 9 hours in a day. The spread over should not exceed 10-1/2 hours.

You can file Writ in HC, on her behalf. Is she assign shift in writing or verbally. If in writing than use that otherwise, her testimony is enough. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

it is violation of human rights by making your daughter work for 36 hours 

 

2) case should be filed by your daughter 

 

3) your daughter should file PIL in HC against  govt medical college for forcing students to work for 36 hours at an stretch 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You should file writ in HC 

 

contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A writ petition has to be filed in the hc of your state.


All the duty logs and the time for which he is posted in the hospital.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

First, your daughter has to file a written complaint with the Dean of Kilpauk Medical College, expressing her genuine grievances. If there is no response or no satisfactory reply from the Dean, let her escalate the matter to the Medical Council of India for redress of her grievance. Even then if there be no relief, she may send  a legal notice to the Dean, and file a suit in the labour court. All material documentary evidence, such as her admission letter, duty rosters, leave records, if any, should be produced to strengthen her case.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

She can file a complaint under labour laws as well as she can file a complaint before labour commissioner

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If there is harassment at the workplace then she can file FIR in the police station and submit the record of harassment that she is forced to work continuously 36 hours without break the guidelines of IMA should be followed in this regard by the supervisor before putting the duty and he said we made responsible for this harassment

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

The answer to your all questions is :

First-year medical residents will be allowed to work 24-hour shifts later this year, when a cap previously limiting shifts to 16 hours is lifted. ... But under the new revisions first-year doctors will now be permitted to work a 24-hour shift, plus an additional four hours to help facilitate transitions between doctors.

More then that is totally illegal and you are free to give a complaint to the medical council of India.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

There should be a policy regulating the hours of engagement.  There should be records to show that she is in duty for 36 hours consecutively . Based on those records and after obtaining an explanation remedy can be sought from the court of law.

If you wish to talk search for my number in google .

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Even though you are her  father since  it  is  she  who  is subjected to this  harassment,  she  only  has  to raise  this  issue  with  the hospital  authorities or  she can authorise  you  to represent her before the hospital authorities or to file a case on this before high court.

Any legal step you may propose to take on this may affect her career adversely hence you may exercise abundant caution before proceeding  with  the  proposed legal action.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may discuss with a local advocate who deals with service law alone for solution to this including any legal action on this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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