In its recent ruling on the ongoing strike by the Jaipur Association of Resident Doctors (JARD), the Rajasthan High Court emphasized that doctors should not go on strike since it has a serious negative influence on public health. The court’s comments came in response to a petition that emphasized the difficulties the public encountered as a result of doctors’ absences during the strike, especially with regard to essential healthcare services.
According to the petition, the strike caused several surgeries to be postponed, outpatient department (OPD) services to be disrupted, and routine consultations to be stopped. This occurred at the same time when seasonal illnesses like dengue, malaria, and viral fevers increased. The court recognized the extreme difficulties that patients faced and the psychological toll that the shortage of medical personnel took on hospital employees.
The case’s presiding judge, Justice Sameer Jain, reaffirmed the idea that maintaining service continuity is a professional obligation for both physicians and attorneys. He emphasized that striking is not consistent with the ethical norms expected of such honorable professions, citing the 2002 Code of Ethics for Doctors, which describes their obligations to patients. He advised medical professionals, who are obligated by the Hippocratic Oath, to put patient care first and refrain from hurting innocent people.
Additionally, the court emphasized that the strike violated the patients’ rights under Articles 21 and 14 of the Constitution. The Bhartiya Nayaya Sanhita (BNS), 2023’s Section 125, which punishes acts that jeopardize public safety, was also cited in the petition.
After speaking with JARD officials, it became clear that the strike was caused by unresolved safety, stipend, and other policy issues, especially those pertaining to female physicians. The Secretary of Medical Education affirmed that previous discussions had been held to address these concerns, but the doctors stated that they would be happy to call off the strike if their complaints were sufficiently addressed.
The court ordered the creation of an internal committee to handle the resident physicians’ complaints in order to aid in resolution. The Secretary of Medical Education will serve as the committee’s chair and make sure the impacted physicians are fairly represented. The court stressed the pressing necessity to restore healthcare services for the general population and encouraged the doctors to end their strike and return to work. A follow-up hearing is scheduled for November 21, 2024.
SOURCE :
VERDICTUM
