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Medical Councils asked to respond on right to strike

Legal Correspondent

New Delhi: The Supreme Court on Thursday ordered notice to the State Medical Councils seeking their response on the issue of doctors’ right to go on strike. The court is examining whether they can strike work and in the process even refuse emergency treatment to patients.

A Bench consisting of Justices Arijit Pasayat and P. Sathasivam issued the notice after it was pointed out that in the event of professional misconduct the Councils could take action against doctors.

The Bench was hearing a petition filed by the People for Better Treatment seeking a direction to initiate disciplinary action against doctors at the All-India Institute of Medical Sciences, who refused treatment to patients brought to the emergency department in 2006.

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 the issue involved the fundamental right to life of a patient guaranteed under Article 21 of the Constitution.

As important questions were involved in this petition, the court already issued notice to the Centre and the Medical Council of India.

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

Code violation

As per the Code of Ethics Regulations, adopted under the MCI Act with the Centre’s approval, “a physician advising a patient to seek the services of another physician is acceptable; however, in case of emergency, a physician must treat the patient.” The petitioner said any violation of this code would be deemed professional misconduct and render a physician liable for disciplinary action. Precious lives were lost at the AIIMS due to the refusal by doctors to treat patients in the emergency department.

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