MUMBAI: The Bombay high court on Thursday read about the doctors’ strike in the morning newspapers and decided to strike a blow for patients’ rights, taking up the cause on its own at 11 am. It prevailed on the Indian Medical Association (IMA) by 1 pm to call off its strike by lunch break.“We are recording the statement made on behalf of the IMA and the MARD that the IMA has called off the strike immediately and the MARD would not be resorting to the strike. We appreciate the maturity shown by these two organisations,” acting Chief Justice R V Ghuge and Justice Gautam Ankhad recorded in their order.The high court directed that the state would ensure its August 3 decision is followed in “letter and spirit’’ to ensure framing of an SOP after proper discussion among stakeholders, including the allopaths.The acting chief justice had initiated a suo motu public interest litigation (PIL) citing concern for the thousands of patients who would be adversely impacted by the IMA’s statewide 24-hour strike called by allopaths for Thursday.The IMA strike was to protest against the state government’s proposal to grant Maharashtra Medical Council (MMC) registration to homeopath practitioners who complete a brief pharmacology course. The other call the high court said was by MARD, where around 12,000 doctors were set to boycott emergency services as well as OPD services from August 6.Advocate General Milind Sathe cited earlier rulings and said, “Strike of doctors is not justified under any circumstances.’’Senior counsel S U Kamdar for the IMA canvassed a host of reasons for the strike, but the high court said “the issues are not to justify a strike’’. Kamdar said despite its August 3 govt resolution to set up a panel to frame standard operating procedures (SOP), the state was proceeding with plans to register homeopaths. He pointed to a pending 2014 challenge to the policy on allowing homeopaths to practice allopathy and said even before the matter is decided finally, the state was moving ahead.Sathe said a valid law exists in the state and the high court has not stayed it. The hearing ought to be expedited, said Kamdar. The acting chief justice noted the 2014 challenge is scheduled for hearing next on August 13-14 for state’s submissions.“The government ought not to register the homeopaths yet … ,’’ Kamdar said., “Doctors have no pleasure in going on strike.’’He said the homeopaths were saying “register us immediately” as the Maharashtra University of Health Sciences (MUHS) created a brief course for such practice while everyone else has to appear for a gruelling NEET.Calling for patience on part of the IMA, the high court said, “If 50 patients die and you (doctors on strike) eventually succeed, are you going to bring them back?’’Kamdar said “not treating” leads to no liability, negligence does. The high court said, “If you are going to be confrontational, we will direct that no work no pay… .’’“Not one patient should die in municipal hospital while doctors strike work,’’ the high court remarked, adding, “We will also tell govt to take up matter on war footing, but you will call off strike first.’’When he first said the strike would be called off on Friday, the high court said, “Not tomorrow. Today at lunch time (2 pm).’’The Maharashtra Association of Resident Doctors (MARD), through its president Dr Atharva Shinde,assured the high court that its dedicated members would not stop treating any patient.The HC appointed senior counsel Vineet Naik assisted by advocate Amogh Singh as amicus curiae (friend of court) to assist it on the law points.The bench said it wants to address the larger issue of doctors even going on strike as it wishes to lay down the law in the matter and posted the matter next on September 8.
