The Madhya Pradesh High Court heard a plea on August 16, 2024, over the Junior Doctors’ Association’s (JUDA) strike in response to the violent rape and death of a resident doctor in Kolkata. Anshul Tiwari filed a petition to stop the strike, claiming it goes against an earlier ruling from the court that forbade taking such action without authorization.
Under the direction of Justice Vinay Saraf and Acting Chief Justice Sanjeev Sachdeva, the court accepted the petition and established the parameters for additional proceedings. In the first hearing, the court observed that the state government, the dean of Gandhi Medical College (GMC) in Bhopal, and the JUDA chapter in Bhopal are among the respondents. The court mandated that notices be sent to these parties—including JUDA—by email and various other means, with a deadline of August 17, 2024, for responses.
A previous May 3, 2023, order from the High Court is important to the matter. In that decision, the court’s coordination bench instructed medical officers’ groups and other pertinent authorities that no strikes—not even symbolic ones—should take place without the High Court’s approval. The current bench stressed that the respondents must abide by the earlier order. The judges emphasized that in order to guarantee compliance, it is crucial to remind all parties concerned about this ruling.
The court will take up the matter again on August 17, 2024, at the next hearing. The bench’s brief order, which reflects the gravity with which the court sees the matter, implies that the case will be given priority. The judges’ choice to provide notification via email and WhatsApp shows that they are making an attempt to guarantee efficient and timely communication with all stakeholders.
This case highlights the conflict between the legal limitations on strikes within the medical profession and the physicians’ protest, which was sparked by the sad incident in Kolkata. The court’s intervention attempts to maintain order while addressing the complaints of the medical community by striking a balance between the right to protest and legal obligations and previous court rulings.
Overall, the high court’s involvement sheds light on the intricate legal and procedural issues involving medical professionals’ industrial actions and their compliance with current court orders.
SOURCE :
THE TIMES OF INDIA
