Madhya Pradesh High Court Directs Protesting Doctors To Return To Work Immediately, Calls For Presentation Of Grievances At Next Hearing

The Madhya Pradesh High Court, led by Acting Chief Justice Sanjeev Sachdeva and Justice Raj Mohan Singh has addressed a notice of strike by doctors, medical students, and associated medical organizations within the state.

The strike is to be initiated in response to a horrific incident of rape and murder against a resident doctor in Kolkata, with the petitioners demanding stricter measures to ensure the safety of doctors on duty.

During the hearing, the petitioners urged the Court to direct a meeting with the Director General of Police (DGP) and the Chief Secretary to address the doctors' grievances.

Further, a request was made that a group of 5 people should be allowed to meet the authorities. Advocates representing the petitioners also requested permission for a peaceful protest by a small group of non-doctors and sought approval for students to join the strike.

One of the petitioners' advocates highlighted the recent harassment of a female doctor in Jabalpur as an example of the ongoing safety concerns for healthcare professionals. However, the Court dismissed this incident as irrelevant to the current matter, focusing instead on the broader implications of the strike.

The Court ordered for immediate suspension of the strike, stating, “The next hearing is scheduled for Tuesday and to withdraw the strike today, and not just till Tuesday but in general. No negotiation on this. You cannot go on strike if not done on Tuesday.”

The bench emphasized that protest was not the solution in this case, remarking, “Protest happens when the government is not ready to listen. Protest will not help in justice.” The Court assured the petitioners that it would address their concerns in the next hearing and might issue necessary directions regarding the safety of doctors.

The petitioners informed the Court that the Indian Medical Association (IMA) had also declared a 24-hour strike, suspending outpatient department (OPD) services from 6 a.m. on August 17 to 6 a.m. on August 18.

In response, the Court warned, “No strike, will not listen and will listen after four months if you do not suspend the strike,” and added that the MP High Court would take appropriate action within its territorial jurisdiction.

The Court urged the Junior Doctors Association of Madhya Pradesh to immediately withdraw their call for a strike and present their issues before the Court, as assured by the MP Government. The matter has been listed for a hearing on August 20, 2024, where all concerned associations can bring forward their grievances.

The respondents, representing the state, requested a general order to restrain future strikes, citing the potential paralysis of medical services. They noted that similar strikes had previously disrupted the healthcare system, including a recent strike by the Junior Doctors Association at Gandhi Medical College (GMC) in Bhopal.

The respondents also referenced a directive issued by the Ministry of Health, Government of India, on August 16, 2024, instructing medical institutions to take immediate action in cases of violence against doctors, including filing FIRs within six hours to ensure the safety of healthcare workers.

On August 16, 2024, the High Court issued notices to the state government and other parties, including the Junior Doctors Association, seeking their responses within 24 hours on the planned strike. 

The Court reiterated that doctors must not strike without its permission, as per a previous High Court order from 2023. Notices were sent through all possible channels, including WhatsApp and email, to ensure prompt communication.

Case title: Anshul Tiwari Vs The State Of Madhya Pradesh And Others

Citation: WP-24266-2024

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