Duty of Doctors under Hippocratic Oath to not make any innocent suffer - Rajasthan HC

Jaipur: While considering a plea highlighting the worsened condition of the healthcare in Rajasthan, the High Court recently agreed to the suggestions given by the Secretary of the Rajasthan Medical Education Department to set up an internal committee to address the grievances of around 7000 protesting resident doctors.

"The Secretary, Medical Education has assured that the aforestated committee shall be formulated without further ado, and the same shall have appropriate representation of the aggrieved Resident Doctors. Moreover, the primary motive of the said committee shall be to tender appropriate and lawful audience to the aggrieved and resolve their hitches," the HC bench comprising Justice Sameer Jain recorded in the order.

To ensure a straight-forward and untroubled execution of the Committee's tasks, the following members were suggested to be the member of the internal committee- (i) Secretary, Medical Education (as Chair-person) (ii) Director (Public Health) (iii) Principal, S.M.S. Medical College, Jaipur (iv) Two Senior most professors of medical field – Nominated by the State Government (v) Three members from JARD (a) Dr. Manohar Siyal (President) (b) Dr. Saket Dadhich (Media and legal advisor) (c) Dr. Kavita Singhal.

On behalf of the court, the learned AAG Shri G.S. Gill proffered to be an integral part of the Board of the concerned Committee. Appreciating this, the Court observed, "The formation of the aforementioned committee is affirmed and valued by this Court. It is expected that the first meeting of the said committee shall be on 26.10.2024 at a place of discretion of the members of the Board. Subsequently, other meetings ought to be scheduled as per the requisite time-line framed by the Chairperson of the said committee. It is expected that the said committee shall culminate its discussions within a span of 21 days from its first sitting. The minutes of the meeting(s) and the outcome shall be furnished before this Court, on the next date of hearing."

"It is believed that once the outcome of the said committee meeting is released the same shall be kept before the Principal Secretary, Medical and Health, for affirmation and to carry out the inter departmental requisites," the HC bench further observed. 

Meanwhile, the bench also urged the resident doctors to call of their strike, and the protesting resident doctors representing the Jaipur Association of Resident Doctors (JARD) accepted the suggestion to rejoin their duties.

The HC bench was considering an oral plea filed by a counsel who highlighted the shocking situation being faced by the general public of the State in light of the ongoing strike, as covered by various newspapers.

Medical Dialogues had earlier reported how the healthcare services in Rajasthan took a major hit as around 7,000 resident doctors in the State suspended all services over their pending demands for a stipend hike and enhanced security measures at the workplace. Apart from these demands, the doctors were also demanding a revision of the mandatory bond policy, better hostel facilities and direct job recruitment based on merit for the postgraduate and super-speciality doctors.

The petitioner submitted that the condition of the patients and general public was poignant moreover, as per the news reports, the strike was ongoing since 19.10.2024, due to which a number of operations, regular consultations, and OPD consultations were being affected. As per the petitioner, it not only violated the fundamental rights of the individuals as enshrined under Article 14 and 21 of the Constitution of India, but also hindered the smooth functioning of the State and compliance of the Directive Principles of the State Policy.

Moreover, the petitioner pointed out that currently, due to change in weather, a number of patients were approaching the hospitals to avail their healthcare needs qua various epidemic diseases like malaria, dengue and frequent viral fever etc. Nonetheless, a noble profession like medical/healthcare staff (Jaipur Association of Resident Doctors-JARD) at this crucial point turning their backs and going on their strike for their own reasons, was against the medical ethics under the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, Essential Services Maintenance Act, 1981 and the Rajasthan Essential Services Maintenance Act, 1970.

Observing that it was not ethical for the doctors to go on strike, the HC bench noted,

"Considering the submissions made insofar and scanning the judgments cited at the Bar this Court expects that the doctors and lawyers should not resort to strike. Moreover, the same is even provided in the Code of Ethics for Doctors prescribed in Regulations of 2002, it also provides duties and responsibilities of the transmission in general and to their patients. The patients must not been neglected; duties of doctors and the para-medical staff; unethical acts; human rights misconduct etc. reading of ethics also makes it clear that the strike cannot be resorted to by the members of such a noble profession. This Court further believes that it is the moral, social, professional duty of the Doctors who are under oath (Hippocratic Oath), to not make any innocent suffer."

Considering this, the bench directed the Registry to initiate an oral petition. The doctors submitted that they have a limited grievance, for which they have time and again approached the appropriate authorities nevertheless, considering the blind eye turned upon them by the higher medical authorities, they were forced to use the said strike as the last resort.

The doctors submitted that they had the following grievances:

(1) Qua the safety and protection of the doctors especially the female doctors.

(2) Qua the allowance and miniscule stipend.

(3) Other miscellaneous issues pertaining to several policy issues.

However, the doctors informed the Court of their willingness to terminate the strike and get back to their work and render requisite services. Meanwhile, the Secretary of the State Medical Education Department submitted that before the commencement of the instant strike, certain mediation and negotiation proceedings were initiated among the Resident Doctors and the appropriate higher authorities where due audience was granted to the issues inbetween the groups. Nonetheless, even after granting assurance to the authorities following their general ‘GPM’ method, the Resident Doctors initiated and aggravated the strike.

"Moreover, the said submission of Mr. Sharma qua the difficulties faced by the general public and the writ large effect of the instant strike is nowhere dis-agreed by the higher medical authorities. Nonetheless, the medical authorities have already considered the instant strike as a hammer on the medical department and have taken appropriate civil/criminal measures against the concerned Resident Doctors /Doctors participating in the said strike," the HC bench noted at this outset.

"The medical authorities have acknowledged the issues and grievances of the Junior Doctors however; the same cannot be resolved within a night, as a number of inter-departmental affirmations/sanctions are required to resolve the same," it further observed.

The bench further noted that the Secretary of Medical Education also urged to upkeep their sympathetic approach regarding the instant strike and they have kept-forward a suggestion to formulate an internal committee to address the grievances of the Resident Doctors. It was assured that this committee after granting due audience to the affected doctors, taking note of their grievances and considering the resources and infrastructure requisites, make every endeavor to settle the instant dispute/conflict.

Additionally, other officers vehemently condemned the strike and contended that a strike cannot be taken as a sword to attain the said grievances being resolved. Thereafter, the bench agreed to the suggestion of setting up the committee and when it urged the resident doctors to call off their strike, the doctors agreed to the same.

"Any notices/communication/action so made till now against the concerned Resident Doctors shall be at abeyance and no coercive action shall be taken against them, till the next date of hearing," it clarified, while listing the matter for further hearing on 21.11.2024.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/rajasthan-hc-on-strike-258898.pdf

Also Read: 7000 Resident Doctors on strike in Rajasthan demanding stipend hike, bond policy revision, workplace security