New Delhi: The Supreme Court will examine whether doctors can go on strike and in the process refuse treatment even to patients requiring emergency treatment. A Bench consisting of Justices Arijit Pasayat and Lokeshwar Singh Panta gave this indication on Monday while hearing a petition filed by the People for Better Treatment seeking a direction for disciplinary action against doctors at the All-India Institute of Medical Sciences here who, during their strike in May, refused treatment to patients brought to the emergency department.

Right to life involved

Senior counsel M. N. Krishnamani said refusal of treatment amounted to criminal negligence. Doctors had no right to shut down emergency services even during a strike as what was at stake was the fundamental right to life guaranteed under Article 21 of the Constitution.

As important questions were involved in this petition, the Bench issued notice to the Centre and the Medical Council of India seeking their reply in six weeks. It gave four weeks from then for the petitioner to file a rejoinder.

The Bench appointed senior counsel Rajeev Dhavan amicus curiae to assist the court in deciding whether doctors could go on strike. It asked him to give his suggestions formulating the main issues whether a strike by doctors should be treated as negligence or misconduct. It posted the matter for hearing after four months.

The petitioner said the strike played havoc with the defenceless patients, many of whom were left untreated and even emergency services were disrupted.

The MCI Act had adopted the Code of Ethics Regulations on professional conduct, etiquettes and ethics for medical practitioners with the Centre's approval.

As per this code "a physician advising a patient to seek the service of another physician is acceptable; however, in case of emergency, a physician must treat the patient."

The petitioner said any violation would be deemed professional misconduct and would render a physician liable for disciplinary action. Precious human lives were lost in the AIIMS because of the doctors' refusal to treat patients in the emergency department.

The petitioner also sought a direction to the Union Health Ministry to spread the message to all doctors that emergency services could not be shut down.

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