Disciplinary Action, No pay: AIIMS, JIPMER Warn Doctors on strike
Delhi Medical Council
New Delhi: Amid the ongoing strike initiated by the doctors across the country, protesting against the rape and murder of RG Kar Medical College PG Medico, the All India Institute of Medical Sciences (AIIMS), New Delhi, and the Jawaharlal Institute of Post Graduate Medical Education and Research (JIPMER) have issued a warning to the protesting doctors.
Citing court orders and code of conduct, AIIMS, New Delhi authorities have highlighted that the strike/dharna/demonstration by the doctors contravened the Court orders and therefore warned them to take disciplinary action against the doctors. JIPMER has clarified that resident doctors remaining absent from work for the ongoing strike will not receive any pay and allowance for the period of absence.
However, doctors have refused to back down from the ongoing protest. More than 3 lakh resident doctors across the country are on strike which has affected the medical services across the country severely.
Amid the warning issued by AIIMS Delhi authorities, resident doctors associated with other AIIMS across the country are joining in the nationwide protest against the brutal rape and murder of the Kolkata lady doctor.
Medical Dialogues had earlier reported that doctors across the country initiated an indefinite strike from Monday protesting against the incident of brutal rape and murder of their colleague, a 2nd-year PG Respiratory Medicine student at Kolkata-based RG Kar Medical College and Hospital.
The doctor's half-naked dead body was recovered from the hospital's seminar hall on Friday morning. A preliminary autopsy report has indicated sexual abuse before she was killed. As per the inquest report, there was bleeding from the doctor's eyes and mouth, injury on the face and nails, bleeding from her genitals, and several other injury marks on different parts of her body. Soon after the news of this horrific incident came to light, doctors in Bengal and across the country started a massive protest demanding justice.
Doctors' Association across the country including the Federation of Resident Doctors' Association (FORDA), Federation of All India Medical Association (FAIMA), and United Doctors' Front Association (UDFA) announced an indefinite strike, halting all elective services. the Resident Doctors' Association (RDA), AIIMS also decided to shut down all elective services till justice was served to the deceased doctor. JIPMER doctors also extended their solidarity by joining in the nationwide protest.
AIIMS Warns to Take Disciplinary Action:
However, issuing an Office Memorandum yesterday, AIIMS administration referred to the letter received from the RDA regarding the shutdown of all elective and non-essential services from Monday and cited the "Code of Conduct" as enshrined by the Division Bench of Delhi High Court in the case of "COURT OF ITS OWN MOTION Vs ALL INDIA INSTITUTE OF MEDICAL SCIENCES".
The administration highlighted that in subsequent orders issued by the High Court, it was decided in connection with any incidents of strike, protest or demonstration by faculty/residents/interns/students/paramedical staff etc, stating that "It is obligatory on the part of the authorities of the AIIMS to see that no one involved in the Institution shows any kind of deviancy by taking recourse to strikes, protests or demonstrations and he who engages himself in such activity would be liable for disciplinary proceeding and also for the contempt of this court."
Further, the institute also cited the Supreme Court order in the case of Supreme Court of India in the case of Surjeet Singh Vs Punjab and Others where the Court had held that Right to life enshrined under Article 21 of the Constitution of India, would include the right against denial of treatment or even from being prevented for
Attention is also drawn towards the judgment of the Hon'ble Supreme Court of India in the case of Surjeet Singh Vs Punjab and Others wherein the Hon'ble Apes Court had inter-alia upheld as under availing the services of any doctor or any other member of the staff from attending to patients and rendering medical assistance to them.
Referring to this, AIIMS clarified that there should be no such activities like strike/dharna/demonstration, adding that disciplinary action would be taken for violating the Court's directions. Therefore, the administration has asked the Chief of Centers/HoDs to send the attendance of the Resident Doctors everyday by 3 PM.
"...there should be no activity in the nature of strike, dharna or demonstration or gherao at, or in, or around the AIIMS at all. Violation of above said orders of the Hon'ble High Court of Delhi by the individual/students/employee/Group of employee, students/Resident Doctors/Associations/ Unions etc will be in contravention of the directions of Hon'ble High Court and make them liable for disciplinary actions and also for contempt of court," AIIMS mentioned.
No Allowance/Pay, Clarifies JIPMER:
JIPMER resident doctors have informed the authorities to initiate a strike from 13.08.2024 to protest against the murder of RG Kar PG Medico in Kolkata.
Referring to the intimation received from the Resident Doctors' Association (RDA), JIPMER authorities issued a circular yesterday and cited Rule 7 of CCS (Conduct) Rules, 1964, which states that any form of strike or any action that abets any form of strike is a violation of the aforesaid rule.
The circular clarified that 'strike' includes a general, token, sympathetic, go-slow, sit-down, pen-down, stay-in, 'mass absentation from work without permission which is wrongly described as mass casual leave", or participation in a bandh or similar activities.
"Under proviso to FR17(i), an official who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence," the circular stated.
"Most importantly JIPMER, being an Institution providing patient care services, cannot afford to lose the services of the Resident doctors. Hence, all resident doctors are advised to refrain from participating in any form of strike/demonstration/mass absenteeism or any such activities on the date as intimated by them failing which disciplinary action in accordance with the rules will be taken," it added.
Doctors Refuse to Budge:
Despite the warning issued by the authorities, the ongoing strike by the resident doctors across the country is only getting stronger. More than 3 lakh doctors are on strike suspending non-emergency and elective services and they have taken to the streets demanding justice for the deceased doctor.
Amid the circular issued by AIIMS Delhi authorities, resident doctors from other AIIMS located in Bhopal, Jodhpur, Bhubaneswar, Raebareli, and Kalyani have joined the indefinite strike.
Dr Indra Shekhar Prasad, President, Resident Doctors Association AIIMS Delhi, told ANI, " This is such a serious incident. A woman who was on duty was sexually assaulted and murdered brutally...if such incidents happen at workplaces, how will the women work?...we want a CBI probe into this, till then we will continue our protest..."
"...Doctors spend more time in hospitals than they do at their home. This is our second home. If we are not safe here, where will be safe? We demand our safety and nothing else. We are serving the patients but our safety is important too...If we are not safe, how will we do our work?...We want justice. We will call of our strike, once we get justice," said Dr. Diksha Bajaj.
