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 Re: Doctors have no right to strike (Re: omer osman)
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Although there can be no argument that a peaceful “strike” by workers in most jobs is an important tool to fight injustice in the democratic societies. But workers who are involved with providing essential public services like healthcare cannot have a right go on a “strike” and undermine the safety for the rest of the society. The Article 21 of the Indian Constitution guarantees protection of rights to life and personal liberty for all people. The Supreme Court of India has corroborated this notion many times in the past that the rights to go on a “strike” by some in a single profession can never supersede the combined rights for life and liberty for countless others in the society. In a historic judgment in 2003 involving the striking government employees in Tamil Nadu (T.K. Rangarajan vs. State of Tamil Nadu; Civil Appeal No. 5556 of 2003), the Apex Court has ruled against the striking workers and categorically said, “Government employees cannot claim that they can take the society at ransom by going on strike.” Obviously, doctors also cannot have a right to go on a “strike” and take the helpless patients at ransom to settle their personal disputes with the government. In fact, doctors in Delhi went on a massive strike to protest against the “quota” resulting in acute disruption in essential hospital services and several patients died waiting for treatment in the Emergency ward in 2006. A public interest litigation (PIL) was filed against the striking doctors and the Medical Council of India (MCI) through a writ petition (People for Better Treatment vs. MCI & Ors; W.P. Civil No. 316/2006) seeking a complete ban on “doctors’ strike”. The Apex Court has already issued notices to the respondent medicos in this case which might have significant implications on “doctors’ strikes” in India.
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omer osman
فيس بوك
تويتر
انستقرام
يوتيوب
بنتيريست