Sheer volume of NEET litigation symbolic of need for reform in medical education: CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Sunday said that the sheer amount of litigation in courts surrounding the National Eligibility cum Entrance Test (NEET) is evidence that there is a need for reform in medical education in the country..The CJI emphasised the importance of intervention in cases of injustice but also acknowledged that courts cannot enter the policy domain."Often, courts cannot enter policy domain and it is the duty of the state to listen to the representations made by the students. However, whenever injustice is done, it becomes our bounden duty to intervene. The sheer volume of litigation of NEET cases is indicative of the hopes and aspirations of millions of students. It is proof that medicine is one of the most sought-after professions in India. Yet, the litigation is also symbolic of the need for reforms in medical education in India", he said.The CJI was delivering the 19th Sir Ganga Ram Oration on the topic "A prescription for Justice: Quest for fairness and equity in healthcare".He began his address by discussing the trust and importance people place on doctors, teachers, and lawyers, who are often considered divine in rural areas. .He also highlighted the increasing intersection between law and medicine explaining how doctors are increasingly used as expert witnesses, which can take away the time of specialists."Testifying in judicial proceedings often ends up being a time-consuming exercise, hampering a medical professional’s duty. As the Chairperson of the Supreme Court’s E-Committee, it is my endeavour to equip all courts in India with a video conferencing remote point to facilitate tele-evidence for doctors. This would result in saving time of doctors which could be utilized for patient care, medical education and research," he said..The CJI also spoke about the principles of justice that underlie both the legal and medical professions. He noted that in law, people should be treated fairly and not arbitrarily, and in healthcare, people should have equitable access to services. "At a more fundamental level, principles of justice underlie the practice of both law and medicine. Both these fields are concerned with fairness, equality, and the well-being of individuals and communities. In the legal field, justice requires rule of law, where people are treated impartially and fairly, as opposed to arbitrariness or rule of any individual. In the field of health, justice requires that healthcare services and resources be distributed fairly and equitably."He cited the struggles of the LGBTQ+ community as an example of where the fields of law and medicine have come together, particularly in the repeal of Section 377 of the Indian Penal Code which criminalised consensual sex between homosexual persons. .The CJI' speech also touched upon issues such as air pollution, low-quality housing, and unplanned urbanization which, he said, can all lead to poor health outcomes."Within India, outbreaks of dengue, chikungunya, malaria are common place among the urban poor. Unplanned and uncontrolled urbanisation, which pays scant regard to water drainage and sanitation, has led to the growth of urban slums where infectious diseases outbreaks are quite common.".He concluded his address by calling for innovation in private healthcare and structural changes in the public health system. The COVID-19 pandemic, he opined, had exposed the fragilities of the public health system in India.Pertinently, he also stressed on the need for medical professionals to cultivate 'rest-ethic' in their lives. "Just like every doctor present here must have prescribed “plenty of rest” to their patients, I hereby order everyone gathered here today to pause, take a break and cultivate a ‘rest ethic’ in your professional lives. Caring for ourselves and providing the space for our juniors to self-care is a sign of strength. It is my hope that we are able to make those much needed structural and institutional changes to implement this unenforceable order," he said.