The Karnataka High Court on Friday directed all private medical establishments and private medical practitioners in the State to restore medical services forthwith. It said the right of a person to be treated is a fundamental right under the Constitution
A Division Bench, comprising acting Chief Justice H.G. Ramesh and Justice P.S. Dinesh Kumar, issued the interim direction after hearing three PIL petitions, which brought to the court’s notice the suffering of the public due to “inhuman” act of private medical establishments and practitioners in resorting to strike and denying them basic medical facilities to the public at large. The Bench orally indicated that any actions contrary to this direction would be illegal.
Pointing out that “doctors cannot be insensitive to the plight of patients”, the Bench said, “The right to life is one of the basic human rights. A person’s right to get treated can certainly be traced to Article 21 of the Constitution of India, and hence, is a fundamental right. The damage done to a patient is sometimes irretrievable, but the grievances of doctors, who are on strike, can be examined by this court in an appropriate proceeding.”
“In public interest, we direct all private medical establishments and private doctors in Karnataka to restore their services forthwith,” the Bench said in its brief order after it was brought to its notice that private medical establishments and doctors medical practitioners had withdrawn strike only in Bengaluru and not in other parts of the State, despite Thursday’s request by the court to private medical practitioners and hospitals to withdraw it.
The court passed the interim order as both the Advocate-General and the counsel representing the Indian Medical Association (IMA)-Karnataka chapter could not assure the court that they would call off the strike following the meeting between Chief Minister and the representatives of the medical fraternity. Earlier, the Bench wondered why the doctors, who form the “elite and creamy layer” of the society, took to the streets when the common public are knocking on the doors of the courts when the State authorities fail to respond to their grievances. “These are all doctors. What is happening here. If literate and educated persons like doctors act like this, what message is society getting from them? Have the doctors Were the doctors not given proper legal advice? They [doctors] can always challenge a legislation if they feel some provisions are illegal. They can fight in a legal way in court, and not on the streets,” the Bench observed orally. Terming the situation created by stopping of medical services as “disturbing”, the Bench observed that they doctors cannot resort to strike at the cost of lives of people. “We thought that doctors will understand Court’s request to withdraw the strike and hence we appealed to them but look at the result...”
Further hearing on the petitions has been adjourned till November 20.
State Advocate-General Madhusoodan R. Naik said the government is not inclined to invoke ESMA against the doctors now as it treats the doctors as a respectable community, when the Bench asked about actions initiated by the State.
Political turmoil
Interestingly, counsel for IMA-Karnataka chapter said that if chapter’s president makes a request to all doctors to withdraw their strike then it will create a “political turmoil” when the Bench, on a suggestion made by A-G, asked him why president of the organisation, who is sitting on a dharna, can’t make a request to the doctors, through the media, to call off strike. “They will ridicule me saying that I have colluded with the Government,” the counsel said while reiterating that IMA had not given call for strike.
