The Supreme Court on Monday turned down a plea to stay the nationwide strike call given by the Indian Medical Association (IMA) against proposed reform measures, including introduction of a Bachelor of Rural Healthcare Course (BRHC).
A bench of Justices H L Gokhale and Gyan Sudha Misra, however, sought Centre’s response on a public interest litigation filed by NGO, People for Better Treatment (PBT), seeking direction to IMA that any call for doctors’ strike would be declared “unethical, immoral and against the law”.
The court concurred with the contention of senior counsel M N Krishnamani, appearing for the NGO, that the strike call would cause hardships to people and hoped that the doctors would not go on strike.
The bench, however, refused to stay the call for strike on Monday saying it was too late to issue such a direction and it would be difficult to comply with the order. The court also asked Centre’s counsel to respond why it did not react to the NGO’s representation seeking preventive steps against the strike call.
The Centre’s counsel, on his part, submitted the strike was impermissible and the government was not in favour of it.
Through the PIL, the NGO submitted that doctors’ on strike deprived necessary treatment to ailing patients in violation of their fundamental right to life granted under Article 21 of the Indian Constitution.
“Thus, doctors’ strike is not only immoral, it is also illegal and unconstitutional,” it claimed.
In the past, doctors’ strike have proven disastrous to the poor and needy patients, the Kolkata-based NGO added.
IMA, the largest national body of physicians in India with more than two lakh registered doctors as members, called the day-long doctors’ strike on June 25 to protest against the implementation of the Clinical Establishment Act (CEA), 2010 and Bachelor of Rural Health Care (BRHC) course by the government.
It has protested against the Centre’s move to set up a National Commission for Health, bringing under its umbrella the National Council for Human Resource in Health, Bachelor of Rural Health Care and the Medical Council of India.