BMC MARD calls off doctors’ protest after Bombay High Court’s direction

The Brihanmumbai Municipal Corporation Maharashtra Association of Resident Doctors (BMC MARD) announced on Thursday that it has suspended its protest against the State government's permit for CCMP-qualified Bachelor of Homeopathic Medicine and Surgery (BHMS) practitioners to register with the Maharashtra Medical Council. This decision was prompted by a direction from the Bombay High Court, which requested the doctors to engage in discussions with the government to reach a mutually agreeable solution.

In a statement, BMC MARD expressed that the withdrawal was in acknowledgment of the court's directive, while also stating that the decision did not negate their ongoing demands and legal rights. The association clarified that the suspension of routine medical services, including outpatient and inpatient services, elective surgeries, academic activities, central laboratory services, and fever OPDs, had been lifted.

BMC MARD reaffirmed its stance against allowing homeopathy practitioners to register as MBBS doctors, emphasizing its commitment to resolving the issue through dialogue with the government. The court's decision came in response to a suo motu inquiry initiated by the Indian Medical Association (IMA) in response to their call for a 24-hour strike.

A Division Bench consisting of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad ruled that doctors cannot initiate strikes due to the potential risk to patients' lives. The court emphasized the importance of considering the welfare of the public and advised the doctors to think of the greater good. During the hearing, Senior Advocate Suresh Kamdar, representing the IMA, challenged the government's decision to permit homeopathy doctors to practice on par with MBBS doctors, arguing that these practitioners could achieve the same level of qualification after completing a six-month course.

The Division Bench emphasized that doctors should refrain from resorting to strikes, regardless of the underlying reasons. Justice Ghuge cautioned that a life lost during a strike cannot be restored. Advocate General Milind Sathe and Chief Government Pleader Neha Bhide informed the court about the issuance of a government resolution, which established a special committee to draft standard operating procedures (SOPs) concerning the matter.

The court appointed senior advocate Vineet Naik and advocate Amogh Singh as amicus curiae to draft legal arguments specifically addressing the issue of strikes. The matter is scheduled for further deliberation on September 8.