NMC Informs Supreme Court: States Responsible for Implementing Resident Doctors Duty Hours

Supreme Court Case on Resident Doctors’ Working Hours

NMC Submits Counter Affidavit

New Delhi: In the ongoing legal proceedings regarding the working hours of resident doctors, the National Medical Commission (NMC) has presented its counter affidavit to the Supreme Court. The NMC asserts that it has already implemented measures to regulate working hours and enhance the mental health of medical students and resident doctors. The commission clarified that the responsibility for enforcing duty hours lies with state governments and medical institutions, as the NMC’s primary mandate is to oversee medical education and academic standards under the National Medical Commission Act, 2019.

Background of the Case

Previously, Medic Helpline reported that the Supreme Court issued a notice to the Union Government and NMC in response to a Public Interest Litigation (PIL) filed by doctors representing the United Doctors’ Front (UDF). The PIL challenges the “inhumane working hours” imposed on resident doctors nationwide, highlighting the “exploitative and unconstitutional conditions” they face. Through Advocates Mr. Satyam Singh and Ms. Neema AOR, the plea requests the Supreme Court’s urgent intervention to enforce compliance with the Ministry of Health and Family Welfare’s 1992 directive, which stipulates that resident doctors should not exceed 12 hours of work per day and 48 hours per week.

NMC’s Position on Working Hours

Adoption of PGMER 2023

In its response, the NMC emphasized its adoption of reasonable working and rest hours as outlined in the Post Graduate Medical Education Regulations (PGMER), 2023. This adoption aligns with the Residency Scheme of 1992, aiming to balance the training requirements with local institutional constraints. The NMC opted for the terms “reasonable working hours” and “reasonable time for rest” to accommodate diverse local realities, such as patient load and specialty-specific needs, rather than imposing rigid numerical limits that could hinder patient care and training.

National Task Force on Mental Health

The NMC also informed the court about the establishment of the National Task Force on Mental Health and Well-being of Medical Students in 2024, in response to increasing instances of depression and suicide among medical students. This 15-member task force was formed to evaluate the mental health challenges faced by medical students and resident doctors and to propose evidence-based strategies for improvement. It has conducted site visits to medical colleges, held discussions with administrators, and surveyed students and faculty to gather insights into mental health issues. The recommendations include limiting resident work hours to a maximum of 74 hours per week, with no more than 24 hours at a stretch, along with one day off per week.

Responsibility of Implementation

State Governments and Institutions

In its affidavit, the NMC articulated that the regulation of public health, including working hours for doctors, is primarily the responsibility of state governments. The NMC stated, “It is humbly submitted that NMC has taken all the possible steps to frame regulations and assess their implementation for effective compliance with the Residency Scheme of 1992.” Therefore, it is the duty of college authorities and institutions to comply with these regulations based on their specific patient loads and available resources.

The NMC further noted that during parliamentary discussions, it was clarified that health and hospital matters fall under the jurisdiction of state governments, which are empowered to establish and enforce laws relating to public health and hospital operations. Referring to a 2018 Lok Sabha Unstarred Question, the NMC pointed out that the responsibility for setting working hours for doctors in government hospitals lies primarily with state and Union Territory governments.

Current Status of the Case

The NMC has submitted that the relief sought by the petitioner should be evaluated based on the case’s specific facts and circumstances, which is currently pending before the Supreme Court.

UDF President Dr. Lakshya Mittal expressed hope for a favorable ruling in the next hearing. He stated, “We remain hopeful that the Supreme Court will ensure strict enforcement of these long-standing directives in the interest of patient safety and doctors’ well-being.” He added that resident doctors, essential to both government and private hospitals, continue to be overworked despite the established guidelines limiting their hours to 48 per week and 12 per shift.