Bombay HC Orders Maharashtra Doctors To Call Off Strike

Mumbai: The Bombay High Court on Thursday directed resident doctors across Maharashtra to immediately call off their strike against the Maharashtra government’s decision to register certain homoeopathy practitioners with the Maharashtra Medical Council (MMC), expressing serious concern over the impact of the protest on patients.

Taking suo motu cognisance of the strike, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned how doctors could continue their agitation at the cost of patients’ lives. The court warned that salaries of protesting doctors could be stopped if they failed to resume work immediately.

Following the court’s observations, the Maharashtra Association of Resident Doctors (MARD) assured the bench that the strike would be withdrawn.

“Why are you resorting to a strike at the cost of patients? Tomorrow you may succeed in your agitation, but will you be able to bring back the lives of those patients who may have died during the strike? Can they bring back dead patients to life?” the bench asked.

The court, however, decided to keep the suo motu petition pending and said it intends to lay down a law to ensure that doctors do not resort to strikes in future. It observed that while every citizen has a legal right to protest, it cannot be exercised at the cost of patients’ lives.

“We are worried about the health of thousands of patients and the residents of Maharashtra,” the bench said, adding that it did not want “a single person” to lose his or her life because of the strike.

The court appointed senior advocate Vineet Naik and advocate Amogh Singh as amicus curiae to assist it in framing appropriate directions on the issue. The matter has been posted for further hearing on September 8.

The bench also noted that doctors had indicated they may suspend Intensive Care Unit (ICU) services if the dispute with the government continued. 

“We have to look at the ramifications. If there is a strike in a factory, the worst consequence is financial loss. But in the case of doctors, if patients die, can they bring them back to life?” the court observed.

Advocate General Milind Sathe informed the court that a division bench had last year refused to stay the registration of eligible CCMP-qualified homoeopaths with the MMC and that the main petition challenging the policy is still pending. The petition is scheduled to be listed for hearing later this month. 

Sathe also submitted that the government had appealed to both the Indian Medical Association (IMA) and MARD to withdraw the strike. Referring to a 2017 High Court judgment in a public interest litigation, he said the court had then noted that at least 50 patients had died during an earlier resident doctors’ strike and had issued directions against continuation of such protests.

The strike was called by nearly 7,000 resident doctors across Maharashtra against an MMC notification issued on June 30 allowing BHMS practitioners who have completed the Certificate Course in Modern Pharmacology (CCMP) to be conditionally registered with the council and prescribe modern medicines. 

The protest disrupted outpatient services in government hospitals across the state. While emergency services, surgeries and ICUs continued to function, OPDs witnessed a sharp fall in attendance, leaving many patients waiting for hours or returning without treatment.

To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/