The Bombay High Court has indicated that it will examine whether doctors can legally resort to strikes, observing that disruptions in healthcare can have irreversible consequences for patients.
High Court Takes Suo Motu Cognisance of Doctors’ Strike
The Bombay High Court has initiated suo motu proceedings over the statewide strike by doctors in Maharashtra and indicated that it intends to settle the legal position on whether medical professionals can go on strike.
A Division Bench of Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad observed that the issue involves larger public interest and requires judicial consideration beyond the immediate dispute.
Court Highlights Impact on Patient Care
During the hearing, the Bench expressed concern over the consequences of doctors withdrawing medical services, noting that interruptions in healthcare could place patients’ lives at risk.
The Court observed that while strikes in other professions may result in financial loss, a strike by doctors could have irreversible consequences if critical medical treatment is affected.
The Bench stated that it would continue hearing the matter to determine the legal principles governing such strikes.
IMA Agrees to Withdraw Protest
Following the Court’s observations, the Indian Medical Association (IMA) informed the Bench that it had decided to withdraw the ongoing strike across Maharashtra.
Senior counsel appearing for the Association submitted that although doctors had several grievances, the protest would be called off immediately while the issues would continue to be pursued through legal proceedings.
The Court appreciated the decision and recorded the Association’s statement.
Dispute Linked to Government Resolution
The agitation was triggered by a Maharashtra Government Resolution permitting eligible homeopathy practitioners to be registered with the Maharashtra Medical Council after completing a prescribed bridge course.
The policy also allows such practitioners to prescribe specified modern medicines in accordance with the notified framework.
The IMA has raised objections to the implementation of this policy.
Court Seeks Structured Implementation
While hearing the matter, the High Court directed the State Government to implement the Government Resolution in accordance with its terms.
The Bench also suggested the constitution of an expert committee to prepare a Standard Operating Procedure (SOP) governing the registration and practice of eligible homeopathy practitioners under the scheme.
To assist the Court on the wider legal issues, Senior Advocate Vineet Naik and Advocate Amogh Singh were appointed as amici curiae.
Matter to Continue Before High Court
Although the strike has been withdrawn, the High Court has decided to keep the suo motu proceedings pending.
The Bench will continue examining the broader legal issue of whether doctors possess a right to resort to strikes, with the matter scheduled for further hearing on September 8.
Key Takeaways
- Bombay High Court initiated suo motu proceedings over the doctors’ strike.
- The Court indicated it will examine whether doctors can legally go on strike.
- IMA withdrew the statewide protest during the hearing.
- The dispute arose over Maharashtra’s policy concerning eligible homeopathy practitioners.
- The Court directed implementation of the Government Resolution and called for an SOP.
- The matter will be heard again on September 8.
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Court: Bombay High Court
Bench: Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad
