Dear Docs, where is this strike taking us????!!! |
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The nation would be failing in its duty if it doesn’t appreciate and acknowledge the yeoman services rendered by doctors in particular and all other associations who have vigorously challenged and organized mass movement against the reservation policy for OBCs pursued by diehard politicians at the cost of overall national interest. It’s indeed a matter of joy, pride and privilege not less than the one undertaken by The then people of the country under the able leadership of late Mahatma Gandhi against the British empire giving national a call to rise in upsurge “QUIT INDIA”. However, the news item appearing in media of strike, hunger strike and now of late, not attending to the emergency cases are simply shocking and unnerving! This would set any rational person thinking about the direction and momentum that this movement has taken. Bearing this anxiety in mind, I as a well wisher of the anti-reservation movement, humbly request the doctors to refrain from the hunger strikes and to attend to the work in the hospital wherein, the innocent, indoor and outdoor patients are victimized, causing them, uncalled for physical, mental and financial hardship and inconveniences for no fault of theirs whatsoever. Mind well, our fight is against reservation policy and the minister Arjun Singh and not against the helpless, innocent patients as they are not the perpetrators of the injustice of reservation. Once we accept this position, why the helpless patients should be victimized for the fault of Mr. Arjun Singh, his Government and other political parties’ policy? It is got to be remembered that by resorting to the strikes, unintelligently, you are putting the government on the stronger moral and legal footings to come out with a stern measures to repress the anti-reservation movement coupled with a fact that this laudable movement will lose the sympathy and moral support of right thinking people who are also against the reservation! In this way, the strike would be self-defeating and suicidal and should never be resorted to light heartedly. In this view of the matter, for whatever reasons, if any of the doctors anywhere in India has resorted to strike, putting the victims, innocent patients to hardships and inconveniences, then in that case, it would be the duty of all the conscientious doctors to immediately approach them and apologize for the unfortunate decision of strike. Nothing should be said or done which ultimately boomerangs upon the great movement, which is positively in the national interest. One should not forget here that the means should be as pure as the end. If the perpetuation of the reservation policy is a national crime and a sin then to go on strike against the helpless innocent patients is equally a great crime and an unpardonable sin, which needs to be eschewed in the right earnest from the movement. A movement, of the same national interest and importance as the movement carried out by Late Shri Mahatma Gandhi, to save deserving, meritorious students and thereby the glittering growth and development of the country and to keep the country free from the clutches of these power monger politicians encashing emotions on the vote bank. In this regard, it will indeed be quite pertinent to note with advantage the decision rendered by the Gujarat High Court in a case of –‘Suo Motu v/s Jayantibhai Somabhai’, reported in 1997 (2) Gujarat Current Decisions 164 (Copy of the said judgement is annexed herewith). No doubt, the question involved in the said case was in matter of the staff of the civil hospital, Ahmedabad, going on a strike over some dispute with the State Government, but then the principal enunciated and the social philosophy involved in matter of strike is indeed applicable with all force to the strike calls given by the doctors. A doctor’s profession is indeed most humanistic with selfless service orientation to the needy and helpless patients and in that view of the matter, the strikes by the doctors are not only unethical but are also against all canons of humanistic approach. It is believed that all doctors without exception believe the basic truth, underlining the medical profession. In this regard, for immediate use and purpose, the relevant paragraphs from the case of Suo Motu v/s Jayantibhai Somabhai supra are produced hereunder for a ready reference and convenience. Paragraph: 3: “……..prima facie, one thing is quite certain that no person has ever any right, under any circumstances, to take away or disturb even the right of other citizens who are not directly or indirectly concerned with their grievances. Paragraph: 4: “No doubt, citizens have certain rights but these rights are not absolute ones. The Chariot of right is drawn and ran by two horses of “Duty” and “Responsibility”. What is the “Right”??!! It is nothing but the reward of the “Duty”. Accordingly, in absence of duty, there is no justification of any ‘Right’. A person might have a right to brandish the sword, but that right of brandishing can be permitted to the limited extent only, that is to say, when it injures none. A right to brandish a sword ends where the limb of other person is about to come in contact. In this view of the matter, prima facie, finding public servants denying their discharge of legal duties to be performed to the hospitalized citizen, who has also a constitutional right to life and a better life, it would not be proper for this Court, as the Statutory Functionary, to remain unconcerned with the problems of these patients, I, under the circumstances, earnestly request and appeal the concerned employees to resume their duty in the name of humanity by calling off their strike and get resolved their differences and arrive at some solution where the interest of patients is not jeopardized.” In above view of fact situation, I earnestly hope that the doctors of the Gujarat state and all throughout the country, involved in this mass movement against the reservation will indeed do well to refrain from strikes so as to avoid anarchy and dissatisfaction amongst the patients requiring an instant medical attention. It is hoped that my doctor friends will take the aforesaid suggestion in a sporting manner and the right spirit for which the medical community is known through out the world. To summarize it lastly, I would like to point out that every such agitation needs to be discreetly focused and should be designed and planned in such a way that it neither harms anyone nor does it backfire and/or prove counter productive for the agitators. As an example, in this case, suppose if, a patient, due unattendance by these striking doctors, dies or suffers a permanent disability of any kind, and the relatives of the abovesaid patient, take the same stand as the doctors have taken against the politicians and resort to violence of violative actions against doctors, then in that case, who will survive to keep this agitation on???? Let us bear in mind while taking any such steps to express our agitation the famous saying that, a remedy should never become worse than the disease itself.
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Justice K. J. Vaidya(Former Judge, Gujarat High Court) |
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