When the ruler controls the judiciary
It is a sad day for democracy in India when peaceful protest by its citizens is stifled with an iron fist by the rulers. RESMA has been invoked in Rajasthan against Rajasthan doctors taking mass casual leave. More than 100 doctors have been taken into preventive custody and atrocious conditions have been set for their bail by the judiciary in compliance of Government orders.
https://medicaldialogues.in/rajasthan-doctors-strike-rs-1-…/
Judiciary which supposed to be independent of Government control would be at pains to defend its decision to ask for 1.1 crore bail and sureties besides other conditions for granting bail to doctors taking leave after proper notice. It would surprise me if such high bail conditions have been set for hardcore criminals in the past. Why 1.1 crore your honour why not 100 crore. Setting such conditions is tantamount to denying bail and hence trampling the fundamental rights of these doctors.
Were the doctors committing a criminal act ? They were seeking leave within their service conditions and protesting peacefully. Did they block national highway, commit vandalism, mass rape and set property on fire ? Did they appear to the honourable judge that they will not submit to present themselves to court or legal authority when summoned. There was no chance the doctors would abscond, or repeat the criminal act ( when no criminal act had been done in first place) and nor were the doctors likely to tamper with evidence as there was no evidence to tamper with. Even as per the US Bail Act 1976 there were no substantial grounds to deny bail but by keeping impossible conditions for bail the Magistrate ineffect denied these doctors bail. Supreme Court of India has held that Bail and not jail is the basic rule. A perversion of law had been used to perpetuate the authority and force the will of the Government on its citizens.
Was this a flash strike or a sudden decision to go on mass leave ? No, Doctors associations had given representations to the Government regarding their problems and demands and had been in negotiations with them. Notice of strike / mass leave was given in advance. If Doctors services’ are essential why are their demands like work place security , proper remuneration for services not taken up on priority and settled. Are the demands of doctors unreasonable ? If so let the Government come out with a white paper and say so. Using the judiciary to deny bail which was the right of these doctors who had been victims of “Preventive Arrests”. Since they were preventive obviously no criminal act had been as yet committed by them.
The fact remains that the Government has no intention of spending money on health of its citizens. It uses “Nobility of profession” , “Essentiality of services” and other such slogans to force and browbeat doctors to provide healthcare at a pittance. We lost the battle when the all important arm of executive in the British ERA , The Indian Medical Services, was obliterated in August 1947 India was liberated but the doctors subjugated and enslaved to perpetual bonded labour with no right to protest poor conditions of their service.
What is surprising is why our associations and the so called civil society remain silent ?
Dr Neeraj Nagpal
Convenor,Medicos Legal Action Group, Managing Director MLAG Indemnity,
Ex President IMA Chandigarh
Director Hope Gastrointestinal Diagnostic Clinic,
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