The High Court allowed the formation of a committee to redress the grievances of protesting doctors in Jaipur, saying professionals like doctors and lawyers cannot go on strike

A bench of Justice Sameer Jain was hearing an oral plea filed by a lawyer (petitioner) highlighting the dismal situation being faced by the general public of the State in view of the ongoing strike, as reported in various newspapers.

The petitioner submitted that several operations and routine consultations are getting affected, which is not only violative of the rights of the individuals under Articles 14 and 21 but is also hampering compliance with the Directive Principles of State Policy.

The petitioner argued that despite being a part of such a noble profession, JARDs going on strike is against medical ethics.

The petitioner also highlighted Section 125, BNS, which provides that any act which endangers the life or personal liberty of others is punishable with imprisonment.

In light of these submissions, the Court observed that it is the moral, social and professional duty of the doctors not to cause suffering to any innocent. Therefore, it is expected that doctors and lawyers should not resort to strike. The same was also provided in the code of conduct for doctors prescribed in the Indian Medical Consultancy (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

Further, exercising its inherent jurisdiction under Section 528, BNSS, the Court allowed the oral petition and directed it to be registered as a criminal petition.

Expressing its desire to end the doctors' strike, the representatives of JARD submitted that the grievances faced by the doctors were repeatedly raised before the authorities who did not pay any heed to it, hence they were forced to resort to strike. The grievances were mostly about safety and protection of doctors, particularly women, and allowances and nominal stipends for resident doctors and some other policy issues.

On behalf of the State of Rajasthan, it was submitted that the grievances of the resident doctors were acknowledged by the medical authorities. To be able to address them, it was suggested to form an internal committee, which would look into the grievances and make every effort to resolve the dispute after considering the requirements of resources and infrastructure.

After hearing the arguments of both the sides, the Court urged the doctors to call off the strike and return to their work, which was duly accepted by JARD. Further, the Court also confirmed the suggestion to form a committee to address the grievances of the doctors and suggested members for it with Secretary, Medical Education as the Chairman of the Committee.

The Court said that it expects the Committee to conclude the discussions within 21 days from its first meeting, which was scheduled on October 26, 2024. The minutes of the meetings shall be produced before the Court on the next date i.e. November 21, 2024.