Plea to CJI DY Chandrachud, for action against striking doctors due to 'medical negligence'

 People for Better Treatment, which filed the petition, said it had approached Delhi Medical Council but was told that the council could not take any action as Supreme Court was seized of the matter

Chief Justice of India DY Chandrachud

TT Bureau, New Delhi, 09.10.24 :  A Calcutta-based organisation espousing the cause of victims of “medical negligence” in India has filed a letter petition to the Chief Justice of India, D.Y. Chandrachud, seeking action against striking doctors in the city.

People for Better Treatment (PBT), which filed the petition, said it had approached the Delhi Medical Council (DMC) but was told that the council could not take any action as the Supreme Court was seized of the matter.

According to PBT founder Kunal Saha, the organisation had approached the DMC for action as two of the doctors who are spearheading the movement, following the RG Kar rape and murder, arefrom Delhi.

The PBT had cited orders of the Supreme Court in 2012 and 2014 in the “People for Better Treatment vs. Secretary, Indian Medical Association (IMA) & Ors)”, wherein it was held that doctors had no right to go on a strike.

The apex court had directed the PBT to approach the medical council concerned for taking disciplinary action against doctors in case of “doctors’ strike” in future.

But the PBT received a response from the DMC that the council was unable to take any disciplinary action against the striking doctors because a suo motu case related to the RG Kar incident was still pending at the Supreme Court.

“In view of the emerging complex situation in relation to the ‘doctors’ strike’ as enumerated hereinabove, I request you most respectfully to please look into this Letter-Appeal and pass an appropriate order/direction to help bring an end to the frequent ‘doctors’ strike’ thathas already brought enormous miseries to the vulnerable patients and for the ends of justice. And for this act of your kindness, we shall remain grateful forever,” the PBT’s petition to Chief Justice Chandrachud reads.

The petitioner has sought action against the striking doctors in accordance with the Medical Council of India’s “Code of Ethics and Regulations” and the Hippocratic Oath, which every medical practitioner has to take.

The petition has referred to an apex court order in a petition filed by the PBT for action against doctors on strike.

The order says: “The relief sought in this writ petition is commendable but difficult to either grant or if it is granted to enforce. Reliance must be placed upon the Constitution Bench decision in Common Cause, A Registered Society v. Union ofIndia & Others… wherein this Court suggested that the Bar Council of India and State Bar Councils are the relevant authorities which must take disciplinary action against Bar associations on a strike and sponsors of such boycotts. On a perusal of the aforesaid, we are of the considered opinion that the same analogy would be equally applicable in case of the doctors on strike and that the appropriate authority i.e. the Medical Council of India and other State Medical Councils must be approached to take suitable action against such striking doctors.

“Therefore, we would only express our desire that the Doctors, who carry out a noble service as God’s agent by saving lives of people, should not resort to strikes with any intermittent cause but undertake their responsibility with efficiency and utmost sincerity at all times.”