Can doctors bring dead patients back to life? Bombay HC pulls up protesting doctors, strike withdrawn
Mumbai: Taking suo motu cognisance of media reports regarding the strike call given by the doctors in Maharashtra, the Bombay High Court ordered resident doctors to immediately call off their strike against the CCMP registration of homeopaths under the Maharashtra Medical Council, raising concern over the protest's impact on patients in hospitals across the state.
A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad warned of stopping the wages of the protesting doctors if they failed to report back to work immediately. "It may be a legal right of every person to agitate for their rights, but not at the cost of patients," the court said.
"We are worried about the health of the thousands of patients and also the residents of Maharashtra," the bench said while asking the doctors to call off their strike and resume work immediately.
"Why are you resorting to a strike at the cost of patients? Tomorrow you may succeed in your agitation, but then will you be able to bring back the lives of those patients who may have died during the strike? Can they (protesting doctors) bring back dead patients to life?" the HC asked.
Pursuant to the court’s remarks, Indian Medical Association’s senior counsel S U Kamdar and MARD president Dr Atharva Shinde agreed and said the strike would be called off.
The bench on Thursday appointed Senior Advocate Vineet Naik as amicus curiae, assisted by Advocate Amogh Singh in the case to assist the court and asked them to prepare a petition so that necessary directions could be passed to ensure that doctors cannot resort to such strikes in future.
Appearing before the court, Dr Atharva Shinde, President of the Maharashtra Association of Resident Doctors (MARD), said that MARD, representing around 50,000 resident doctors in Maharashtra, had not called a strike or suspended emergency services. Although its members were protesting against the manner in which homoeopathy doctors were being registered by the State Government, he assured the Court that they would continue treating patients in keeping with their commitment to public healthcare.
The Maharashtra Association of Resident Doctors launched an indefinite strike from Wednesday against the government’s decision permitting homoeopaths to register under the Maharashtra Medical Council (MMC) and prescribe allopathic medicines.
Senior Advocate Mr Kamdar, appearing for the Indian Medical Association (IMA), informed the Court that the IMA would withdraw the strike immediately, stating that its grievances related to the implementation of previous court orders and the Government Resolution dated August 3, 2026, and were not meant to justify the strike.
During the hearing, the Court referred to its earlier orders, including a 2017 PIL in which it had noted that nearly 50 patients had died during a statewide strike by around 4,500 resident doctors. At that time, the Court had prohibited the continuation of the strike and warned that hospitals could initiate disciplinary action and contempt proceedings if doctors failed to comply.
“We have to look at what could be the ramifications. One can understand that if there is a strike in a factory for 30 days, the worst case is loss of money or earnings. In the case of lawyers, we do not say anything. In the case of doctors, if patients die, can they bring them back to life?” the court asked.
Doctors have now said they will stop services in the Intensive Care Unit (ICU) too if the impasse with the government continues, it noted.
Advocate General Milind Sathe informed the court that last year the HC had, in an interim order, refused to stay the registration of eligible homoeopaths with the MMC and the petition is pending before the court.
The HC said the bench concerned before which the petition is pending shall hear the matter and decide it expeditiously.
The Court directed the amicus curiae, Senior Advocate Vineet Naik, to file a formal petition setting out the grounds within 15 days, with assistance from Advocate Amogh Singh. It also recorded the statements made by the IMA and MARD that the IMA had withdrawn its strike with immediate effect and that MARD would not resort to a strike.
Appreciating the "maturity" shown by both organisations, the Court said it expected their participation in the proceedings while examining the issue in light of the Supreme Court's judgment in People for Better Treatment vs. Secretary, Indian Medical Association.
The Bench further observed that the State Government should implement the Government Resolution dated August 3, 2026, in letter and spirit and hold discussions with stakeholders for framing the Standard Operating Procedure (SOP). The matter has been listed for further hearing on September 8, 2026.
CCMP registration row:
Medical Dialogues had earlier reported on the continuous dispute between homeopaths and allopathy doctors in Maharashtra over the direction issued to the Maharashtra Medical Council (MMC) to grant registration to BHMS practitioners who have done a Certificate Course in Modern Pharmacology (CCMP).
The CCMP course was started based on the Government Resolution dated 13.03.2014. The course was conducted under the Maharashtra University of Health Sciences (MUHS), Nashik. After successful completion, eligible homeopathic practitioners received training in allopathic (modern) medicine to serve in public healthcare services.
In 2014, the Maharashtra Medical Council issued a notice in which the council was given the authority to ask all doctors who have completed the CCMP course to register with the council. Back in 2017, the Maharashtra Medical Education and Drugs Department had passed a notification, allowing Homoeopathy practitioners across the State to practice modern medicine. As per the special notification issued on 27th September 2017, doctors who obtained the Licentiate of Court of Examiners of Homeopathy (LCEH) degree from 1951-1982, could register with the Maharashtra Medical Council (MMC).
However, this directive was strongly opposed by allopathic doctors in the state, who questioned how homeopaths could be permitted to register with the Medical Council. They argued that this could jeopardize patient safety and even threatened to strike if the order was implemented.
On August 3, 2026, the Maharashtra Government formed a panel for initiating the conditional registration process of Bachelor of Homeopathic Medicine and Surgery (BHMS) practitioners holding the Certificate Course in Modern Pharmacology (CCMP) with the Maharashtra Medical Council (MMC). It also constituted a six-member committee to define the competencies, ethical framework, and Standard Operating Procedure (SOP) for handling negligence cases involving CCMP-qualified BHMS doctors registered with the Maharashtra Medical Council.
Opposing this move, the Indian Medical Association, Maharashtra State, with support from Maharashtra Association of Resident Doctors, Association of State Medical Interns and other medical organisations, declared a 24-hour withdrawal of medical services as a protest.
Doctors withdraw strike
Resident doctors across Maharashtra resumed work on Thursday evening after the Bombay High Court intervened. The two-day agitation had reportedly disrupted healthcare services in government medical colleges and civic hospitals, leading to the cancellation of several elective surgeries, reduced outpatient (OPD) services and suspension of academic activities, as reported by The Indian Express.
However, emergency and casualty services continued to function throughout the protest. In Mumbai, OPD attendance at major public hospitals dropped significantly as many patients postponed their visits due to the strike.
Click on the link below to view the court order:
