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Doctors cannot under any circumstance go on a strike or boycott from their services: Madras High Court

Team SoOLEGAL 5 Mar 2020 3:11pm

Doctors cannot under any circumstance go on a strike or boycott from their services: Madras High Court

High Court of Madras has stated that doctors have no right under any conditions to go on strike or boycott from their services. Justice N. Anand Venkatesh observed the same while considering that the Minister of Medical Education and the Director of Medical and Rural Health Services had given transfers and posting orders to doctors.

The learned Advocate General argued that whatever the situation and their demands may be, they are not supposed to go on strike as it will have a direct impact on the lives and well-being of patients being cured in public hospitals.

The Court further observed, referring to many rulings, that in the absence of a legal or even a moral or equal right to strike, the logical consequence is that any sort of strike is unlawful and without any legal or moral excuse, “In the absence of a legal or even a moral or equitable right to go on a strike the logical corollary is that any form of strike is necessarily illegal and without any legal or moral justification … this Court comes to a clear conclusion that the Doctors do not have the right to go on strike/boycott under any circumstance”, Justice Venkatesh observed.

Under no conditions can doctors resort to strike or boycott because they deal directly with people's lives and since between the doctors' demands and the patients' lives, it is life that is more important than anything else. A Doctor's nature of duty is such that the Doctor's non-availability even for a single minute can cost a life.

However, the bench concluded that the transfer orders and the charge memos given to the doctors are obviously tainted with malafides, and it was issued only to punish those who led the agitation. The Court also claimed that it expects the Government to address the doctors' long-standing grievance.



Tagged: Justice N. Anand Venkatesh   High Court   Madras High Court   Rural Health Services  
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