HUMANRIGHTS ASSOCIATION OF INDIA Vs. STATE

JUDGEMENT

(1.) The question involved in the petitions is about the strike of Doctors. Petitioners have prayed to declare strike of the Doctors as illegal as Doctors cannot resort to the strike and stringent action be directed against the Doctors who have indulged in the strike. Prayer has also been made to direct payment of compensation to the heirs of deceased who passed away due to said strike or 'Bandh' called by respondent No.3 in PIL Petition No.5287/12. In addition, it has been prayed in PIL Petition No.15445/10 that respondents be directed to rule out the recurrence of such incidences in future. PIL Petition No.13233/11 has been registered on the basis of a letter of Rajesh Kumar Sharma dated 14.9.2011.

(2.) It is submitted in the petition that Doctors have no right to go on strike as they are meant to protect life of ailing persons. Since hospitals are meant for treating the patients, job of the Doctors is to protect their lives. Obviously, Doctors have no right to go on strike. In Paschim Banga Khet Mazdoor Samiti and Ors. Vs. State of W.B. and Anr., 1996 4 SCC 37, it has been observed by the Supreme Court that the government discharges this obligation by running hospitals and health centres which provide medical care to persons seeking to avail of those facilities. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human life is thus of paramount importance. In the government hospitals run by the State, the medical officers employed therein are duty bound to extend medical assistance for preserving human life and timely treatment, otherwise, it would be violative of right to life enshrined under Article 21 of the Constitution of India.

(3.) Same is the situation for lawyers, considering it as a noble profession. The Apex Court in Ex-Capt. Harish Uppal Vs. Union of India & Anr., 2003 2 SCC 45 held that Lawyers have no right to go on strike or even token strike or to give a call for boycott nor can they, while holding vakalat on behalf of clients, abstain from courts in pursuance of a call for strike or boycott.