Why should doc's strike not be held unconstitutional, asks HC

The division bench of Acting Chief Justice Arun Mishra and Justice Dalip Singh took serious note of a PIL filed by one Rajesh Chhikara in which he has stated that due to a recent strike of resident doctors, 50 persons died and many other suffered as they were not given proper treatment.

The bench has issued notices to the State Chief Secretary, Secretary Medical and Health Rajasthan as also of Union of India, Rajasthan State Human Rights Commission, Superintendent SMS hospital and Medical Council of India, asking them to file their respective response within a period of two weeks on the issue as to why the strike by doctors should not be declared unconstitutional.

The petitioner has said in the PIL that he visited many government hospitals here on September 5 due to severe pain in the stomach but was not attended in any of them, neither the OPD nor the emergency wards, due to the strike of medical officers. He has further stated that striking doctors paid no heed to patients in need of immediate help lying on floor.

Stating that medical facilities are a basic ingredient of the Right to Life under Art. 21 of the Constitution and no doctor can refuse to treat a patient on the pretext that they are on strike, Chhikara has prayed that the strike by doctors be declared unconstitutional. He has requested the court to grant adequate compensation to those who died during the strike in want of proper medical treatment and also to formulate guidelines to curb such strikes in future.