Bombay High Court Issues Stern Warning, Asks Doctors to Withdraw Protests
Bombay High Court warns protesting doctors, stresses patient safety, and initiates suo motu proceedings.
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The Bombay High Court has intervened in the ongoing doctors’ protest in Maharashtra, issuing a strong warning against any strike action that could endanger patient lives. The court has directed doctors to immediately withdraw their strike and resume work, while also initiating suo motu proceedings to address the matter. The protest centres on the state government’s decision to allow homeopathy practitioners to register with the Maharashtra Medical Council, a move opposed by allopathic medical associations.
According to Live Law, the division bench led by Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad orally stated that doctors cannot resort to strike under any circumstances, emphasising that patient lives must not be put at risk. The bench remarked, “You just cannot resort to strike... Whatever be the situation... There may be 'n' number of reasons for you to go on strike but you just cannot resort to strike... Think about the mankind.”
As reported by The Hindu, the protest was triggered by a government resolution permitting homeopathy practitioners with a Certificate Course in Modern Pharmacology (CCMP) to register with the Maharashtra Medical Council. Allopathic doctors argue that this move blurs the distinction between allopathic and homeopathic practitioners and undermines the rigorous training required for MBBS doctors.
The bench questioned the rationale behind allowing homeopathy practitioners to practice modern medicine, comparing it to “telling an undertrained pilot to fly a plane at least till the plane crashes” as highlighted in proceedings. The court further clarified that regardless of the circumstances, doctors should not resort to strike, reiterating the primacy of patient welfare.
On the second day of the protest, doctors limited their services to emergencies, withdrawing from routine outpatient departments across major hospitals in Maharashtra as coverage revealed. The Indian Medical Association (IMA) and the Maharashtra Association of Resident Doctors (MARD) have challenged the registration process before the High Court, demanding its suspension until a final judicial decision is reached.
“Suppose during your strike, someone dies and later on in your litigation you win and State's decision is quashed by the court, what about the patient who died? Can you bring him back?” Acting Chief Justice Ravindra Ghuge asked during the hearing.
The High Court expressed concern about the potential consequences of the strike, particularly if emergency services were suspended. The bench stated it was “pained” by the doctors’ protest and initiated suo motu proceedings based on news reports, noting that the ramifications of a doctors’ strike are far more severe than those in other professions as analysis showed.
During the proceedings, the court issued notices to the Maharashtra Association of Resident Doctors, the Indian Medical Association, and the State Medical Education Department, seeking their responses to the ongoing situation at the end of the hearing. The court also appointed Senior Advocate Vineet Naik and Advocate Amogh Singh as amici curiae to prepare pleadings specifically addressing the legality of doctors’ strikes.
Doctors’ associations have stated that while they will continue their protest, emergency services will not be shut down. However, the High Court has maintained its position that any form of strike by doctors is unacceptable, reiterating that the health and lives of the public must remain the foremost priority as further reporting indicated.
“We are pained by the fact that practicing doctors have resorted to a strike. We have read in the newspaper today that they have said, we will not even take care of ICU patients,” the bench observed.
The matter is scheduled for further hearing on 8 September, with the High Court set to examine the legal and ethical grounds for medical strikes and the implications for patient care as proceedings continue.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.