Delhi HC to hear PIL seeking action against striking doctors
May 20, 2022
New Delhi [India], May 20 : The Delhi High Court today will hear a Public Interest Litigation (PIL) filed by a Kolkata-based NGO challenging the doctors' strike and seeking a direction for disciplinary against doctors who were involved in the strike in November 2021.
According to the PIL, 'Doctor's Strike' disrupts regular hospital services bringing endless pain, suffering and death to the defenceless patients.
The PIL will be heard today before the division bench of Acting Chief Justice Vipin Sanghi. The petition has been filed by the NGO 'People for Better Treatment' through its president Dr Kunal Saha against National Medical Commission (NMC) and Central Government.
The Petition moved through Advocate Sachin Jain has referred to the decision passed by the Supreme Court of India in two petitions filed by the petitioner in 2006 and 2012 and the circular issued by the Delhi Medical Council (DMC) in the year 2010.
PIL mentioned the judgement passed by the Supreme Court on May 7, 2012 holding that strike by doctors "may amount to negligence, warranting action for misconduct" and directed that petitioner should move the Ministry of Health against the doctors involved in the strike.
The Supreme Court of India in 2014, while disposing of the second PIL filed by the petitioner, categorically held that Medical Councils should take appropriate disciplinary action when the incidence of 'doctors' strike' is brought to their notice, the PIL stated.
It was also observed that in case of doctors' strikes, the appropriate authority namely the Medical Council of India (MCI) and other State Medical Councils should be approached to take suitable disciplinary action against such striking doctors.
The petition seeking direction for stringent disciplinary action against the doctors has stated that doctors and medical groups have continued to go on frequent doctors' strikes disrupting hospital services in order to settle their personal scores against the government or hospital authorities.
It is also stated that hospitals across Delhi were crippled due to the doctors' strike in November 2021, as the authorities remained absolutely silent and failed to take disciplinary action against any striking doctors even after receiving a formal complaint from the petitioner as directed by the Supreme Court.
