Bombay High Court says it will 'lay down law' that doctors can't go on strike

he The Bombay High Court on Thursday orally observed that it intends to “lay down the law” that doctors cannot resort to strikes, even as the Indian Medical Association (IMA) said that it was calling off the ongoing agitation in Maharashtra.

A Division Bench of Acting Chief Justice (ACJ) Ravindra V Ghuge and Justice Gautam A Ankhad took suo motu cognisance of the statewide protest and kept the suo motu petition pending, confining it to the issue of whether doctors can go on strike at all. 

After the Bench warned the IMA of consequences, including stoppage of wages for doctors if the strike continued, the Association agreed to withdraw its strike. 

“We will restrict to whether doctors can resort to strike. Only that subject we will keep with us. We wish to lay down the law that doctors cannot strike,” the Bench observed in court.

It indicated that it would frame authoritative principles on whether medical professionals can go on strike.

While initiating the suo motu proceedings, the Bench underlined that in the case of doctors, unlike other professions, the consequences of a strike can be irreparable.

“We are pained by the fact that practicing doctors have resorted to a strike. We have read in the newspaper today that they have said, we will not even take care of ICU patients...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 earnings. In the case of lawyers, we do not say anything. In the case of doctors, if patients die, can they bring back the dead patients to life?” the ACJ said.

After summoning counsel for the IMA, the Bench warned that if the Association continued with a confrontational stand, it would be compelled to direct stoppage of wages for striking doctors.

“Will you strike at the cost of patients? There will be no work and no pay. Not one patient should die in a municipal or government hospital. Will you start treating patients by calling off the strike?” the Bench asked.

Senior Advocate SU Kamdar, appearing for the IMA, told the Court that while there was a “host of reasons” behind the protest, the Association had decided that these issues did not justify continuation of the strike. On instructions from IMA office bearers, Kamdar submitted that the strike would be withdrawn forthwith.

“For the present, IMA says strike will be called off. They would continue to pursue their grievances before the Court,” the Bench recorded.

It also appreciated the “maturity” shown by the IMA.

One of the key triggers for the strike is a government resolution (GR) that allows certain homeopathy (BHMS) practitioners to be registered under the Maharashtra Medical Council (MMC) and prescribe specified modern medicines after completion of a bridge course (Certificate Course in Modern Pharmacology).

The Bench directed the State to implement its GR in letter and spirit and provide for a committee to frame a Standard Operating Procedure (SOP) on this homeopaths’ registration issue.

To assist the Court on the larger questions raised, the Bench appointed Senior Advocate Vineet Naik and Advocate Amogh Singh as amici curiae.

The matter has been posted for further hearing on September 8.