Bombay High Court Aims to Set Legal Precedent on Doctors’ Strikes
In a significant move, the Bombay High Court announced its intention to establish a legal framework prohibiting doctors from striking. This development comes as the Indian Medical Association (IMA) decided to end its ongoing protest in Maharashtra. The decision was made by a Division Bench comprising Acting Chief Justice (ACJ) Ravindra V. Ghuge and Justice Gautam A. Ankhad, who took suo motu cognizance of the statewide agitation.
The Bench expressed its concerns about the potential consequences of doctors’ strikes, emphasizing the unique nature of the medical profession. Unlike other fields, where a strike might result in financial losses, a medical strike could have life-threatening ramifications. ACJ Ravindra Ghuge noted, “We are distressed by the fact that practicing doctors have resorted to a strike… In the case of doctors, if patients die, can they bring back the dead patients to life?”
The court highlighted its intent to define authoritative principles regarding the legality of medical professionals going on strike. This matter remains pending, with the court focusing solely on whether such strikes by doctors should be permissible.
After summoning the IMA’s counsel, the Bench cautioned that continued defiance could lead to severe consequences, including the suspension of wages for striking doctors. The court sternly questioned, “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.”
Representing the IMA, Senior Advocate S.U. Kamdar conveyed that the Association, despite having multiple grievances, chose to call off the strike. The IMA committed to pursuing their concerns through legal channels rather than continued striking. The court acknowledged the IMA’s “mature” decision to halt the protest.
More Read
A significant trigger for the strike was a government resolution permitting certain homeopathy practitioners to register with the Maharashtra Medical Council (MMC) and prescribe modern medicines following a bridge course. The court directed the state to implement this resolution thoroughly and to establish a committee for creating a Standard Operating Procedure (SOP) concerning the registration of homeopaths.
To further explore the legal questions at hand, the court appointed Senior Advocate Vineet Naik and Advocate Amogh Singh as amici curiae. The case is scheduled for further hearing on September 8.
