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Doctors unfit to practice if they go on strike like normal workmen: Bombay HC

HC tells hospital management to take disciplinary action or contempt proceeding against striking doctors

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While hearing a PIL filed against the ongoing doctors' strike, the Bombay High Court observed, "It is a shame on the profession, if doctors go on strike like factory men then they are unfit to be doctors.”

Seeking directions to make the resident doctors withdraw their strike, Afaq Madaviya filed a Public Interest Litigation (PIL). The PIL said that the strike was causing severe hardships to poor patients who couldn't afford visiting private hospitals.

Hearing the matter, the court directed the Management of Hospitals and Maharashtra government to take disciplinary action. It has also asked them to initiate contempt action against those resident doctors who were on strike.

“If regular doctors are working, then how can the resident doctors fear for their safety," the court questioned.

The court also said that let them (resident doctors) resign from their work, saying they want to get salary and other benefits but don't want to work.”

The bench also came down heavily on the relatives of patients who attack doctors. “Will the dead person’s life come back if they kill the doctor, why this public anarchy, it's only madness,” the court said. 

“There can be some cases of negligence by doctors but mistakes may occur due to allergy, reactions, but every case cannot be negligence. Relatives of patients cannot take the extreme steps always,” the court added.

Advocate Datta Mane arguing for the petitioner said "Till now around 58 patients across the state have died because of the doctors not resuming on duty. We have sought directions that doctors strike be declared illegal and restrain them from avoiding duty."

He added that doctors in protest of the recent assault cases have already stopped working but they are still practicing in individual capacity.

Last year, while hearing a similar petition, Maharashtra government had assured 24x7 police security to 16 hospitals in the state apart from police deployment at six hospitals in Mumbai for the security of resident doctors.

The state government had earlier informed the court that it will deploy 28 police personnel for the security of resident doctors at six hospitals in Mumbai.

Advocate Suresh Pakale appearing for the corporation also assured the high court that it had taken necessary security steps to prevent any incidents of assault on doctors.

However, the court came down heavily on the Maharashtra Association of Resident Doctors (MARD) which informed the court that it had not given a call to go on strike but individual doctors had gone on leave. To which the bench said, “if you have not given the call then leave it to us, we will take necessary action against the doctors.”

A division bench of Chief Justice Manjulla Chellur and Justice GS Kulkarni posted the hearing on Wednesday. 

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