SC refuses to pass order restraining doctors to go on strike

Lohitashwa Pratap Singh

Supreme Court in its latest judgment refuses to restrain doctors from going on a strike, stating “Being gods agent ,they should not go on strike”. The Supreme Court bench headed by Chief Justice H L Dattu the court can only express desire ,Beyond that positive direction cannot be issued particularly when we know it would be difficult to implement our order.

A PIL was filled in 2012 by a NGO People for better treatment ,pleading that doctors have no etics,moral or legal right to deny treatment to the ailing citizen by going on strike .The court added the presence of Essential Services Maintenance Act. [ESMA] the act clearly establishes to ensure the delivery of certain services,which if obstructed would affect the normal health services eg:- doctors , hospitals .hence court added “ don’t you think that the state government has a low  ib the name of ESMA Act. If authorities enforce it, all the stikes are gone , where is the question of any declaration from us.why should court issue directions? It is a peculiar situation ,nobody expects doctors, lawyer and teacers to go on strike but they do so .

Court made it very clear by its statement in the given statement as well as in 2012 when a nation wide strike was called by the Indian medical association ,which was protesting against rules imposed by central government in the period as well supreme court refused to interfere ,the court finds that there is no need to pass any judgment adherence to parliamentary law as there is law in force for that action .agreeing with the petitioner the bench however said that it cannot pass directions to restrain doctors from going on strike.The court added “Relief sought is commendable but difficult to grant .” therefore , we express our desire that doctors are saviours of life ,they should not resort to illegal strikes “

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