BENGALURU: Observing that doctors cannot be insensitive to the plight of the patients, the Karnataka High Court on Friday directed all private medical establishments and doctors to restore the medical services forthwith. “Right to life is one of the basic human rights.
A person’s right to get treated can certainly be traced to Article 21 of the Constitution, and hence, is a fundamental right. The damage done to a patient is sometimes irretrievable, but the grievances of the doctors who are on strike can be examined by this court in an appropriate proceeding. If the strike is permitted to be continued, it will only cause inconvenience to the general public. Therefore, we request all private medical establishments and doctors in Karnataka who are on strike to call it off to avoid inconvenience to patients.
In public interest, we direct all private medical establishments and doctors to restore their services forthwith,” a division bench of acting Chief Justice H G Ramesh and Justice P S Dinesh Kumar said in the order while adjourning further hearing to Monday. The bench was hearing a batch of public interest petitions seeking action against doctors participating in the strike against the KPME Bill. The petitioners had also drawn the attention of the court to the several deaths that had occurred due to nonavailability of medical services over the past five days. On Thursday, the court had requested the doctors to call of their strike. In response, only sections of private hospitals in city restored services while others are continued their strike.
When the matter came up for hearing on Friday afternoon, the bench expressed displeasure over the conduct of the doctors who were continuing with strike despite the court’s request to call it off. “Doctors belong to creamy layer, they are educated and elite. We have requested them to call off the strike but they are still on strike. What is happening here? Don’t you (doctors) have proper legal adviser? You can challenge the Bill before the court if it is executed without considering your grievances.
The court can strike down the law if it is unconstitutional. It is a matter of life and death, how do you compensate the deaths? Your action should be in a manner known to law. But you took the fight to streets at the cost of so many lives. It is very disturbing”, the bench said. When the counsel for the petitioners pointed out to the deaths of patients, the bench said that the government can’t remain a spectator. “Disputes will not be decided on the streets. You can challenge the proposed law in the civilised manner.”