Doctors have a solemn duty towards humanity: Madhya Pradesh High Court declares strike by junior doctors illegal

The Madhya Pradesh High Court has declared the strike by the Junior Doctors Association (JUDA) in the State as illegal, and has directed the doctors to immediately resume their duties (Shailendra Singh v. State of MP & others)..In its order, a Bench of Chief Justice Mohammad Rafiq and Justice Sujoy Paul remarked,"All doctors have a solemn duty towards humanity. This duty binds them to serve the citizens suffering from any kind of disease. In the present scenario, this duty requires them to join hands with all fellow citizen in fight against the ongoing pandemic of Coronavirus.".The members of JUDA, who are students of postgraduate courses in various branches of medicine, decided to abstain from work from May 31, demanding an increase in their stipend from Rs.55,000 to Rs.59,000. The junior doctors had also demanded adequate security at their workplace after certain incidents took place wherein they were assaulted by attendants and family members of patients.Another demand was that if they and their family members are infected with COVID-19, they should be provided free of cost treatment in the same hospital where they are working..The order was passed in a petition praying that action be taken against the members of JUDA, who by going on strike, were guilty of contempt of the High Court's previous orders barring medical officers attached to government hospitals and medical colleges in Madhya Pradesh from proceeding on strike..When the matter was heard, the Court as well as Advocates Rishi Shrivastava and Sidharth R Gupta, appearing for JUDA, tried to persuade the striking doctors to have a dialogue with the State authorities..The Court noted that despite the persuasion, the doctors were not prepared to call off the strike and that the office bearers of JUDA insisted that they would enter into dialogue with the government only when their demands were met. .The Court was informed that members of JUDA had stopped providing services to patients in COVID-19 wards. As a result of the strike, emergency services in all hospitals have been shut down, the Court was informed. Counsel for the petitioner added that even though the Essential Services Maintenance Act has been imposed in the State, the government has so far not taken any disciplinary action against them..Advocate General Purushendra Kaurav, appearing for the State, submitted that arrangements were already being made for the safety of the doctors, and that the government was ready to provide treatment to junior doctors and their family members if they get infected while discharging their duties..While deciding the matter, the Court referred to the declaration in the form of oath given by doctors when they enter the profession, as per the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002..The Court thus noted,"Clearly, in this crucial phase of our lives when whole of the country is grappling with the deadly menace of Covid-19 following its second wave, the striking doctors have completely forgotten the solemn oath taken by them in the above extracted declaration. We quite appreciate that they have suffered hardship and rendered duties at odd hours at the cost of their health. But at the same time it is also equally true that they have chosen a wholly inappropriate time to press for their demands, howsoever reasonable they may be, by proceeding on strike.".While declaring the strike to be illegal, the Bench deprecated the "stubborn attitude" of the doctors."We cannot appreciate this stubborn attitude and condemn their action in proceeding on strike at such a critical juncture when almost entire nation is struggling to survive the second wave of Corona virus, which has engulfed several hundred human lives in different parts of the country," the Court held..The doctors were directed to immediately resume their duties, after which, a high powered committee consisting of the Chief Secretary of the State, Additional Chief Secretary, Medical and Health and the Commissioner, Medical Education shall immediately call them for negotiation. "If they fail to do so within 24 hours, it would be open for the government to take any legal action against them as it may deem fit in accordance with law," the Court added..The matter will be next heard on June 7..[Read Order]