The Hindu : Front Page : Doctors cannot go on strike: court

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Friday, Jan 12, 2007
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Doctors cannot go on strike: court

Staff Reporter

IMA withdraws today's proposed strike `on Home Minister's assurance'

Kochi: A Division Bench of the Kerala High Court on Thursday observed that doctors could not resort to strike since they belonged to a noble profession which is totally service-oriented.

The Bench of Chief Justice V.K. Bali and Justice M. Ramachandran made the observation while disposing of a writ petition seeking to declare illegal the medical strike called on Friday.

Counsel for the Indian Medical Association (IMA), which gave the strike call, submitted that it had called off the protest. Counsel for the Kerala Government Medical Officers' Association said it would abide by the IMA decision.

The judges observed that in view of the stand taken by the two associations, "we are sanguine that no strike shall be adverted to on January 12."

The court said strike by doctors had been prohibited under the Government Servants Conduct Rules. The Bench said, "the service of doctors were essential services and if, therefore, the doctors of the State might strike, the Government would be well in its right to invoke the provisions of the Essential Services Maintenance Act and take action against them accordingly."

The Bench said that in certain cases, some doctors might be victims of harassment by miscreants, but they should be aware of the remedial measures available to them.

They could seek remedy from an appropriate forum, instead of going on strike or taking to the streets.

In a statement, the Government submitted that at a meeting held by Minister for Health P.K. Sreemathy on January 6 with members of the Kerala Medical College Teachers' Association, it was decided to entrust the investigation in the Kottayam medical negligence case with the Crime Branch.

She assured the doctors that an apex committee would examine if there was any negligence on the part of the doctor concerned in giving treatment to a youth who died at the Government Medical College Hospital, Kottayam.

The Minister also assured them that the guidelines laid down by the Supreme Court on the arrest of doctors would be adhered to.

The petitioner, Ahammed Kutty, a lawyer from Kozhikode, said the strike call was in violation of the citizen's right to life guaranteed under Article 21 of the Constitution.

Talks with Kodiyeri

Staff Reporter writes from Thiruvananthapuram:

The IMA said here that the doctors had decided to withdraw their strike as Home Minister Kodiyeri Balakrishnan had given an assurance that the demands raised by it would be taken seriously.

At a press conference, IMA State president C.K. Chandrasekharan and secretary R. Ramesh said Mr. Balakrishnan had agreed to instruct police officials to strictly follow the Supreme Court's directive on the guidelines to be followed while arresting a person under Section 304 of the Indian Penal Code.

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