1000 doctors will now abstain from their regular duties. Will any loss of life attract penalty;

Hindustan Times Chandigarh 
A doctor to be at service for every 35 participants
Monica Sharma This email address is being protected from spambots. You need JavaScript enabled to view it.
Chandigarh Jun 7 2016

As many as 1,000 doctors from UT, Punjab and Haryana have been assigned duty at the main event on Yoga Day. A meeting of health authorities of UT, Punjab and Haryana was held to discuss the duties and finalise the names.

About 35,000 people are expected to participate in the yoga event from UT, Punjab and Haryana and a total of 1,000 doctors at the venue would mean that every group of 35 participants will be covered by a doctor. Proper first aid will be provided to anyone who would require immediate attention.

Allahabad high Court in a recent decision delivered 4 days ago has stated that those who die during a strike by doctors should be paid compensation of 25 lacs which is to be recovered from salary of striking doctors plus criminal action should be initiated against striking doctors. The judgment has denied doctors any right to protest. We feel this denial of right to protest needs to be challenged.

Doctors are humans like all others. They are employees like all other employees. The hospitals are covered under Industrial disputes Act 1947 and doctors are also workers in these hospitals. Grievances of workmen / doctors cannot be left unresolved and they simultaneously be denied any right to protest. Examples of grievances like violence , poor pay (doctors are paid less than class IV employee in some states), Abysmal working conditions, prolonged duty hours all need to be settled. It is a situation where doctors are being made bonded laborers where they have only duties and no rights. Even the right to protest which is a basic human right is denied to them. At the very least should we be demanding a Non Striking Allowance commensurate with the importance of denial of our basic right to protest.

This is specially so in context of resident doctors. A resident doctor is a trainee and is in non supervisory role who is forced to work prolonged hours for pittance or no salary because he is doing his postgraduation and needs to get his degree. You can find them in any large hospital walking like zombies, sleep and food deprived and frequently assaulted. They are the scapegoats for all that is wrong in the system and being in contractual non permanent jobs suffer in silence. This affects public health because the healthcare delivered by them is compromised. But they are denied their right to protest. Though hospitals are covered under Industrial Disputes Act there is no clarity whether doctors working in them are defined as "workman" in true sense.

In view of the recent Allahabad High Court Judgment the 1000 doctors being assigned to Yoga Day, who form at least 25 % workforce in these states will abstain from their regular duty / posting. This absence from duty of 25 % doctors will lead to substandard care and suffering and even death. If this type of mass mobilization of doctors for a non epidemic, non catastrophic scenario is within law then I suppose it will also be within law for 25 % doctors to go on strike at any one time.

If however I am wrong then any death and suffering should be compensated in the same quantum of Rs 25 lacs and this amount be recovered from salary of those who have decided to stop 1000 doctors from performing their regular duties.

Dr Neeraj Nagpal 
Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity, 
Ex President IMA Chandigarh 
09316517176 
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