New Delhi: In a landmark judgment, the Supreme Court of India ordered the Delhi-based Army College of Medical Sciences to pay arrears of Rs 25,000 per month to MBBS interns from the 2022 batch, according to PTI. The Supreme Court added that the MBBS interns deserved it as a “matter of right”. A bench comprising Justices Sudhanshu Dhulia and Aravind Kumar passed the order. They were hearing a petition filed by medical graduate Abhishek Yadav and others through lawyer Tanvi Dubey.
‘Why will you pay a stipend….’?
According to the Supreme Court’s observation, despite a September 2023 order mandating a stipend of Rs. 25,000 per month for interns starting October 2023, no compensation was provided to the previous batch. Justice Dhulia questioned senior advocate R Balasubramanian who appeared for ACMS, as to why the 2022 interns had not been paid even after close to three years. The judge said, “Why will you pay a stipend? They deserve it as a matter of right.” Criticising the stand of ACMS, Justice Kumar said that the institution makes them (MBBS Interns) work for 18 hours, 19 hours, and don’t want to pay them a stipend.
Is it binding for the companies to pay stipends to the interns?
No, it is not biding for the companies to pay the stipend amount to the interns. It is a because there isn’t a specific law in India that mandates companies to do so. The internships are generally not covered under the Industrial Employment Act, 1946 or the Minimum Wages Act, 1948. It is at the employer’s discretion whether to provide a stipend. Some companies may choose to offer a stipend to cover basic expenses or only give an appreciation certificate.
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