Rajasthan doctors strike- Rajasthan Medical council intervenes, demands details of striking doctors
Jaipur: The strike of Rajasthan doctors protesting against the Right to Health Bill has now seen the intervention of the State Medical Council as well as the State Human Rights Commission with the Rajasthan Medical Council now writing to the various universities and medical colleges to provide details of the striking doctors.
In this regard, Dr. Manish Sharma, the registrar of the Rajasthan Medical Council (RMC) recently wrote to the Principal and administrators of attached hospitals including Jaipur-based Sawai Man Singh Medical College and RUHS College of Medical Science, Ajmer-based JLN Medical College, Bikaner based Sardar Patel Medical College, RNT Medical College Udaipur, Jodhpur based Dr. Sampurnanand Medical College, Jodhpur, GMC Kota, Jhalawar Medical College and all the government medical colleges under Raj MES.
Referring to the situation of the healthcare system in the State, RMC Registrar informed in the letter that keeping in view the circumstances arising in the state hospitals due to the strike of doctors, the Rajasthan State Human Rights Commission (SHRC) has taken suo motu cognizance in this regard.
Accordingly, in case 2023/17/1369 through an order dated 29th March 2023 the state medical council has been directed by SHRC to take action against the act of striking doctors under the Rajasthan Medical Act 1952 and Rajasthan Medical Rules 1957.
The Council has further been asked to submit a factual report before the Commission on 10.04.2023 for the purpose of assessment by the State Human Rights Commission.
In order to comply with this, the Council has directed the heads of the medical college and hospitals across the State to provide the names, date of birth and council registration number of striking doctors at the medical colleges and hospitals within three days to the council's email address rajmedcouncil@yahoo.in. The letter further directed the medical colleges to ensure that the details are provided so that appropriate action can be taken under law against the striking doctors
Also Read: Plea in Rajasthan HC seeks strict action against striking doctors
The council's move comes after recently the Rajasthan SHRC issued notices to the Principal Secretary of Medical and Health and Registrar of Rajasthan Medical Council on Wednesday and sought reply on what action has been taken against the striking doctors in the state.
In the notice, the Commission stated that the act of doctors is a violation of their oath and an infringement of their moral duty and the “commission cannot stand as a dumb spectator of this abuse of human rights”.
Further, the notice stated that it is the duty of the state government to make laws to improve the health services for the better health of its citizens and this ‘Right to Health’ bill has been passed in the same interest of providing better health services.
“This Bill has been passed through a prescribed process in the Assembly and is a law now. If there is any provision in this Act contrary to the provisions of the Constitution, it can be challenged in the court”, the notice read.
“But instead of challenging this Bill, which is now an Act, the private doctors have been on strike for the past 12 days. Today doctors of government hospitals have also gone on strike in their support which has derailed the services in the entire state,” the commission noted.
Chairman of the commission Justice GK Vyas himself has appealed to the doctors to immediately call off their strike and resume their work in the interest of mankind and for saving the lives of the patients.
What Happened in Court?
Medical Dialogues had earlier reported that a Public Interest Litigation(PIL) had been filed before the Rajasthan High Court seeking a direction to the State for taking action against the doctors on strike and declaring Rajasthan Essential Services Maintenance Act (RESMA) for maintaining health services.
Apart from this, the plea also sought cancellation of the license or registration of doctors and it also sought to revoke the recognition of private diagnostic centers participating on the strike.
As per the latest media report by the Times of India, while considering the PIL on Friday, the HC division bench of acting Chief Justice MM Shrivastav and Justice Anil Upman issued notice to the State Government, the agitating private doctors' association, Rajasthan Medical Council among others.
Apart from this, the bench has also asked the State for furnishing the minutes of the talks held with the doctors for breaking the deadlock in the next hearing of the matter on April 11, 2023.
Considering the plea, the HC bench also observed that the PIL had not been researched properly and it was filed to get publicity. In this regard, the bench pointed out that the petition did not even contain the clippings of newspaper to substantiate the points raised.
Referring to the PIL, which has been filed by a lawyer, the bench observed that lawyers have lost all moral authority for appearing in cases concerning strikes as they have themselves been on strike for more than a month recently.
Meanwhile, the counsel for the government, Advocate General Mahendra Singhvi urged the HC bench to declare the ongoing strike by doctors as illegal. He also submitted that the Right to Health Bill was passed in the Assembly after holding detailed discussions with the doctors and the matter had also been scrutinized by the standing committee of the Assembly.
Why Doctors are protesting?
The doctors belonging to private hospitals in Rajasthan have been protesting against the proposed "Right to Health" bill for the last few months. While the Bill was proposed by the Rajasthan Government to ensure that the residents of the State can avail treatment at any hospital, it made the medical fraternity in the State furious as they termed it to be draconian and illogical. Several Clauses of the bill have been pointed out by the doctors under Private Hospitals and Nursing Homes Society (PHNHS) and Jaipur Medical Association as they claimed that it lacks clarity and wants to delimit the powers of doctors.
Referring to the Bill that aims to ensure the rights of the patient for availing quality healthcare, the doctors have mainly objected to the clauses that require that patients will be treated for any medical emergency free of cost at both private and government hospitals. The doctors pointed out that the State has not defined what is an emergency and how the cost of such medical expenses will be reimbursed to private doctors and hospitals.
Apart from this, the doctors under the Jaipur branch of the Indian Medical Association (IMA) have also opposed a specific clause of the bill that talks about setting up a separate grievance redressal committee for addressing complaints by patients. Amidst the complete shutdown of medical services in Rajasthan by private and government doctors, the State passed the bill in the Assembly last week.
Even though the State Assembly has now passed this controversial bill, the doctors are continuing their protest against the controversial Health Act demanding the withdrawal of the same. The private doctors in Rajasthan have been maintaining the complete shutdown of medical services throughout the State for the last few days. The medical services in the State became further crippled on Wednesday after the government doctors and faculty members in medical colleges joined a one-day strike to express their solidarity with the agitating private doctors.
To view the notice, click on the link below:
https://medicaldialogues.in/pdf_upload/rajasthan-medical-council-notice-to-doctors-206699.pdf
