Approach State Medical Councils for Action: Court tells NGO demanding disciplinary action on Doctors strike

New Delhi: Reacting to a plea demanding disciplinary action on doctors' strike, the Delhi High court was seen lamenting the situation where doctors are beaten up by the patient's kin. The court at the same time also stated that Doctors should not resort to strike as it affects the services rendered by them and the impact is grave as it may put the life of patients in jeopardy.

"Doctors are beaten up here if anything happens to the patient, that's the state of affairs," a bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta said.

"In the case of doctors, the impact of such strike will be grave and serious as it may put the life of patients in jeopardy," the bench added

The high court, which was hearing a PIL seeking direction to the National Medical Commission to direct suitable action against doctors who were involved in the strike in accordance with Supreme Court's directions, said there can be no doubt that strikes by doctors or persons of any other profession rendering service to the public, should not be resorted to as such strikes affect the services offered. According to the PIL filed by the NGO People for better treatment, 'Doctor's Strike' disrupts regular hospital services bringing endless pain, suffering and death to the defenceless patients.

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However, the court refused to interfere in the matter asking the complainants to approach the State Medical Council with specific complaints.

"In our view, before any disciplinary action can be taken, it would be necessity for complainant who must first approach the State Medical Council to make out specific grievance based on actual events since that would be necessary for State Medical Council to initiate disciplinary action against an identified doctor who may have gone on strike," the bench noted 

The court disposed of the petition with a liberty to the complainants to approach the State Medical Commission with specific complaints of actual patients suffering due to strikes by doctors employed at the hospital.

The bench also noted that petitioner NGO People for Better Treatment' through its President Kunal Saha has based its representation on news reports and no material on the actual incident of the strike in hospitals and patients suffering because it has been placed on record.

The Petition moved through Advocate Sachin Jain referred to the decision passed by the Supreme Court of India in two petitions filed by the petitioner in 2006 and 2012 and the circular issued by the Delhi Medical Council (DMC) in the year 2010.

Thereafter, PIL mentioned the judgement passed by the Supreme Court on May 7, 2012, holding that strikes by doctors "may amount to negligence, warranting action for misconduct" and directed that petitioner should move the Ministry of Health against the doctors involved in the strike.

While disposing of the second PIL filed by the petitioner, The Supreme Court of India in 2014 categorically held that Medical Councils should take appropriate disciplinary action when the incidence of 'doctors' strike' is brought to their notice, the PIL stated.

It was also observed that in case of doctors' strikes, the appropriate authority namely the Medical Council of India (MCI) and other State Medical Councils should be approached to take suitable disciplinary action against such striking doctors.

The petition seeking direction for stringent disciplinary action against the doctors has stated that doctors and medical groups have continued to go on frequent doctors' strikes disrupting hospital services in order to settle their personal scores against the government or hospital authorities.

It is also stated that hospitals across Delhi were crippled due to the doctors' strike in November 2021, as the authorities remained absolutely silent and failed to take disciplinary action against any striking doctors even after receiving a formal complaint from the petitioner as directed by the Supreme Court. 

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