Do Doctors have basic fundamental rights in India

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HOPE CLINICS

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Feb 12, 2025, 11:38:18 PMFeb 12

to medicolegal...@googlegroups.com, Medico Legal Forum, Team IMA, Indian Medical Association In Haryana Branch, nationalpresident IMA, India Medical Association, PanjabMedicos

Dear All

On 30th May 2016 Junior doctors selected for Post graduation went on strike as Government had announced the policy as regards the weightage given to rural service and the matter was in supreme court with likelihood of these newly joined resident doctors being replaced by those who had done rural service as per the scheme. A PIL had been filed in Lucknow Bench of Allahabad High Court by a local advocate on basis of a newspaper report dated 1/06/2016 and a decision was given by the honourable court on 02/06/2016 even though strike had already been called off . The court ordered the Government to pay 25 lacs to family of each of the deceased persons who died due to the strike during those 2 days. This amount was to be recovered from doctors who had gone on strike and criminal and tortious action by appropriate authorities / persons was also part of the order. The case had been filed on 2nd June and decided also on the same date without giving any opportunity to the striking doctors to hear their arguments.

We at Medicos Legal Action Group were very disturbed with the outcome and after consultations decided to approach the honourable Supreme Court. With assistance of Dr M C Gupta, Sh A K Aggarwal Adv. And Sh Siddharth Luthra Senior Advocate, the honourable Supreme Court agreed to send notices to respondents without granting any stay on the High Court order. There were two aspects in the matter;

1) The inordinate hurry in giving a decision with grave implications without hearing arguments of the striking doctors themselves.

2) On what basis was it decided that strike of the doctors was the causa causans for the deaths, or that deaths were not due to factors which cause death in hospitals even where no strike is there by a small fraction of doctors working in it.

3) Whether Doctors have a right to protest peacefully against injustice meted out to them.

This matter has also been clubbed with the Intervention application filed by us in the case of People for Better Treatment vs Secretary Indian Medical Association which is a contempt petition against IMA on the issue of strikes by Doctors where also we have asked to be impleaded in 2019.

Both matters came up for hearing on 11/02/2025 and since we came to know at the last minute we asked for adjournment. We now have a few weeks time to decide how we wish to proceed. Pursuing the matter will be costly and MLAG is devoid of funds. Also we are unaware of what finally happened in Lucknow KGMC after no stay was granted by Supreme Court against the judgment of Lucknow Bench of Allahabad High Court. To decide our course of action we need

1) Funds ; Contributions from everyone if we are going to have any say in Supreme Court at all on such a crucial matter as this basic issue of whether Doctors have basic fundamental rights.

a. Right to protest peacefully

b. Right to be legally represented & heard before a judgment is passed against them.

2) Details of what actions were taken by Government of UP and KGMC administration took in this case

3) Opinion of members of MLAG whether we should pursue the matter at all.

Kindly advise

Dr Neeraj Nagpal

Managing Trustee,Medicos Legal Action Group (MLAG)

Ex President IMA Chandigarh

Director Hope Gastrointestinal Diagnostic Clinic,

SCO 1066-67 Aerodale Market, New Sunny Enclave Sector 123 Mohali 140301

09316517176, 9814013735

HOPE CLINICS;9465109935, 9478082176

email; hopec...@yahoo.com, hopec...@gmail.com mlagin...@gmail.com

For Contributions; "Medicos Legal Action Group" Ac No 499601010036479 IFSC code UBIN0549967 Union Bank Sector 35 C Chandigarh;

Website; http://www.mlag.in

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Dr Neeraj Nagpal