Society won't forgive us if we don't take care of our doctors: SC

The Supreme Court on Tuesday observed that society would not forgive the judiciary if doctors and healthcare workers who lost their lives during the Covid-19 pandemic were not taken care of and protected under the law. The observation was made by SC while reserving its judgement on a plea against non-inclusion of doctors and health workers who lost their lives battling Covid-19 at private clinics, dispensaries and non-recognised hospitals in insurance policies.

What was discussed in court

It was noted by the bench comprising Justices P. S. Narasimha and R. Mahadevan that the government must ensure that insurance companies fulfil their obligations and that valid claims should not be denied merely because the deceased health workers were not on official government duty. The perception that private medical practitioners were engaged solely for profit was described as “incorrect and unjust.”

The Court’s oral remarks reflected a deep sense of moral responsibility. It was said by the judges that the judicial system itself would be held answerable by society if the sacrifices made by doctors were ignored.

“Society will not forgive us if we don’t take care of our doctors and don’t stand for them. If the condition is met that they were on Covid response duty and died due to Covid, the insurance company should be compelled to pay,” it was remarked by the bench.

The Union Government was directed to submit data on all parallel or related schemes apart from the Pradhan Mantri Garib Kalyan Package (PMGKP), which provides ₹50 lakh insurance cover to frontline health workers. It was stated by the Court that the data would be used to formulate a principle upon which insurance claims could be assessed and settled fairly.

Importance of the plea

The plea that prompted this national discussion was filed by Pradeep Arora and others against a March 9, 2021 Bombay High Court order, which had held that private hospital employees were not eligible for insurance benefits unless their services were officially requisitioned by the government.

The origin of this litigation was traced to Kiran Bhaskar Surgade, a Thane-based woman whose husband, a doctor running a private clinic, died of Covid-19 in 2020. Her insurance claim under the PMGKP was rejected on the ground that her husband’s clinic was not recognised as a Covid hospital.

Through this plea, it was argued that thousands of doctors across India who treated patients outside designated Covid hospitals had been unjustly excluded from the benefits of the scheme, despite serving on the frontline and being exposed to equal or greater risk. The petitioners contended that the definition of ‘Covid duty’ should not be limited to those working in government or officially tagged hospitals, as the private sector bore a significant share of the pandemic response.

Impact on Doctors and the Medical community

If the Supreme Court’s forthcoming judgment recognises the validity of this plea, it is expected that thousands of families of private doctors and health staff who lost their lives during the pandemic will become eligible for compensation.

Such recognition would bridge the disparity between government and private medical workers, restore moral justice, and acknowledge the inclusive nature of India’s medical response during the Covid crisis. It could also set a precedent for future public health emergencies ensuring that all healthcare workers, irrespective of institutional affiliation, are treated equally under government welfare schemes.

The verdict is awaited with keen anticipation by the medical fraternity, as it could redefine the scope of state responsibility towards healthcare providers and strengthen social trust in both the judiciary and the healthcare system.

Background: The PMGKP scheme

The Pradhan Mantri Garib Kalyan Package was announced in March 2020 as part of India’s pandemic relief measures. Under this scheme, an insurance cover of ₹50 lakh was provided to doctors, nurses, and other health workers directly engaged in Covid-19 duty. While it was hailed as a lifeline for frontline workers, its implementation had been questioned due to the exclusion of private sector workers who were not “officially designated” as Covid responders.

The scheme has been extended multiple times and continues to serve as a safety net for the families of government-linked healthcare workers. The current plea, however, seeks to ensure that this safety net is widened to include those who risked and lost their lives in private practice settings.