Reconcile!, Calcutta HC Tells 'Striking' Doctors; Reminds Them About Hippocratic Oath [Read Order]

The Calcutta High Court, though refused to issue any specified directions in a PIL filed against ongoing doctors' strike in West Bengal, reminded the 'striking' doctors about the Hippocratic Oath and called upon them to reconcile.

The bench of the Chief Justice Thottathil B. Radhakrishnan and Justice Suvra Ghosh also asked the State Government to provide adequate security to the doctors.

Many doctors have gone on strike after a junior doctor in a government hospital was attacked by the relatives of a patient who died earlier this week.

While considering a PIL filed in this regard, the bench said that it does not propose to deal the matter as an adversarial litigation. It observed:

"We need to provide appropriate push with requisite grease to ensure that the on going strike by a section of doctors comes to an end through governmental intervention by way of persuasion or otherwise, in accordance with law. We do so because, within the parameters of Article 21 of the Constitution of India, 'human rights' as understood in the civilised societies and recognised in the international domain through terms of international conventions, which bind different nations, it is the fundamental requirement that the right to health is given top priority and any need for medical help is immediately extended to any human being even if he is not a citizen. Therefore, we take this opportunity to state that resolution of disputes which would have arisen as a consequence of certain unfortunate events even in the hospital is not to be countered by action of eminent and well informed people like doctors by keeping away from their primary and fundamental duty to serve the people."

The bench recorded the submission made by the State that First Information Report has been lodged and arrests have been made insofar as the alleged incidents in which the doctors are stated to be victims. It said:

"This means that the State Government has taken efforts to push the machinery in that regard. As a necessary follows and consequence, it is definitely for the doctors to now turn themselves to the reconciliatory mode in the larger interest of the suffering people and answer their oath which they have taken while they became doctors. The great advise given through the Hippocratic Oath ought to lead them to better ways of dealing with the problems which they are faced with." 

The court also observed that the State Government shall also ensure that adequate protection is provided to the hospitals and place of work of all doctors and also such places where doctors may feel insecure in any circumstances. Following this order, we hope things will take a better shape, the bench added.

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