For the well being of AIIMS Patients, Dr. Udit Raj seeks permission for Dharna

Dr. Udit Raj (Ram Raj) Member, National Integration Council (Govt. of India) National President, Indian Justice PartyNational Chairman, All India Confederation of SC/ST Organisations B-113, Sarvodaya Enclave, New Delhi-110017Tel: 26960022, 26534559
www.pro-reservation-front.blogspot.com

Press Release

For the well being of AIIMS Patients, Dr. Udit Raj seeks permission for Dharna

New Delhi, 29th May, 2006.

Dr. Udit Raj, President of Indian Justice Party and Convenor of Arakshan Samarthak Mocha, has asked the director of All India Institute of Medical Sciences to grant permission to sit on Dharna with suffering AIIMS patients from 5th June, 06.

Dr. Udit Raj said that responsible citizens, students and social-political activists feel that the striking doctors are doing great injustice to the patients of AIIMS. The patients are being denied their fundamental rights, i.e., right to life guaranteed under Article 21 of Indian Constitution. Delhi High Court specifically in case of AIIMS and Supreme Court in other matters held that doctors can't go on strike. In addition Medical Council of India's instructions say, "No physician shall arbitrarily refuse treatment of a patient." This misconduct attracts disciplinary action against striking doctors. He said that the action of doctors sitting on the lawns of AIIMS against reservation for last so many weeks is illegal for various reasons; strikes by doctors have been held to be illegal by the High Court of Delhi. Strikes by employees of AIIMS and demonstrations in and around the vicinity of AIIMS have been totally banned by the High Court. Hence such a strike amounts to contempt of the Court Order; denial of medical treatment has been held to be denial of Right to Life under Article 21 of the Constitution, by the Supreme Court; strikes by government employees have been held to be illegal by the Supreme Court. Government employees have no right to strike; the act of coercion of medical practitioners to join the strike is illegal because it constitutes inciting others to strike and is also a criminal act and striking work by doctors and neglecting patients by not extending medical services to them amounts to professional misconduct under the Code of Ethics Regulations, MCI.

Dr. Udit Raj said to his knowledge, in director's department, Dr. Venugopal, the Cardio Thoracic Vascular Surgery (CTVS), doctors had never gone on strike because of his fear but this time they are leading the agitation. Isn't it because of his tacit support? When employees for their genuine sufferings in the past, went on strike, they were suspended. Why that yardstick is not applicable to these doctors? The director is frequently leading the striking doctors to the Prime Minister Office. It means that he is encouraging them and confusing PM Office to give new assurances that the matter will be reviewed and that further enthuses striking doctors to linger on the strike whereas the matter has been settled on the part of the govt.. AIIMS Doctors have met the Health Minister to end the strike but he did not show any inclination to sit with them and solve the problems. A written complaint has been also given to him by the doctors that they were not being allowed by striking doctors to carry out the duties but no action was initiated. There are very few doctors from AIIMS sitting on Dharna, it is outsiders who are giving life to this Dharna. Without AIIMS director's permission amenities like electricity, water and sweeping could have not been provided to striking doctors.

Dr. Udit Raj further said that the High Court in the AIIMS matter in 2001 directed all authorities - the Civil, Police, Delhi Administration and Health - in case it came to their notice that it was a matter warranting action for resolving any dispute - to take immediate action on an utmost priority basis so as to give no occasion for any dispute or any disruption or prejudice to the smooth functioning of the hospital.

He said that the responsible citizens seek director's permission to sit on Dharna along with suffering patients. This action is not only in conformity with article 21 of Indian Constitution but also strengthening the directions of the courts. When the director can allow illegal action on the AIIMS premise, why can't a Dharna for rightful cause be allowed?

(Sanjay Kumar),
Media In-charge


May 29, 2006

To,
The Director
All India Institute of Medical Sciences
New Delhi

Subject: Permission to sit on Dharna for the well being of patients
on the lawn of AIIMS from 5th June, 2006.

Sir,

The responsible citizens, students and social-political activists feel that patients are being denied their fundamental rights, i.e., right to life guaranteed under Article 21 of Indian Constitution. Delhi High Court specifically in case of AIIMS and Supreme Court in other matters held that doctors can’t go on strike. In addition Medical Council of India’s instructions say, “No physician shall arbitrarily refuse treatment of a patient.” This misconduct attracts disciplinary action against striking doctors. The action of doctors sitting on the lawns of AIIMS against reservation for last so many weeks is illegal for various reasons; strikes by doctors have been held to be illegal by the High Court of Delhi. Strikes by employees of AIIMS and demonstrations in and around the vicinity of AIIMS have been totally banned by the High Court. Hence such a strike amounts to contempt of the Court Order; denial of medical treatment has been held to be denial of Right to Life under Article 21 of the Constitution, by the Supreme Court; strikes by government employees have been held to be illegal by the Supreme Court. Government employees have no right to strike; the act of coercion of medical practitioners to join the strike is illegal because it constitutes inciting others to strike and is also a criminal act and striking work by doctors and neglecting patients by not extending medical services to them amounts to professional misconduct under the Code of Ethics Regulations, MCI.

To my knowledge, in your department, the Cardio Thoracic Vascular Surgery (CTVS), doctors had never gone on strike because of your fear but this time they are leading the agitation. Isn’t it because of your tacit support? When employees for their genuine sufferings in the past, went on strike, they were suspended. Why that yardstick is not applicable to these doctors? You are frequently leading the striking doctors to the Prime Minister Office. It means that you are encouraging them and confusing PM Office to give new assurances that the matter will be reviewed and that further enthuses striking doctors to linger on the strike whereas the matter has been settled on the part of the govt.. AIIMS Doctors have met the Health Minister to end the strike but you did not show any inclination to sit with them and solve the problems. A written complaint has been also given to you by the doctors that they were not being allowed by striking doctors to carry out the duties. There are very few doctors from AIIMS sitting on Dharna, it is outsiders who are giving life to this Dharna. Without your permission amenities like electricity, water and sweeping could have not been provided to striking doctors.

The High Court in the AIIMS matter in 2001 directed all authorities – the Civil, Police, Delhi Administration and Health – in case it came to their notice that it was a matter warranting action for resolving any dispute - to take immediate action on an utmost priority basis so as to give no occasion for any dispute or any disruption or prejudice to the smooth functioning of the hospital.

We, the responsible citizens, seek your permission to sit on Dharna along with suffering patients. This action is not only in conformity with article 21 of Indian Constitution but also strengthening the directions of the courts. When you can allow illegal action on the AIIMS premise, I am hopeful that you will allow my dharna without any hesitation.

Thanking you,
Yours faithfully,


(Udit Raj)

Cc.
1. The Prime Minister House, New Delhi, with request to take appropriate action.
2. The Health Minister, Govt. of India, New Delhi, with request to take appropriate action.
3. The Police Commissioner, Delhi Police, New Delhi, with request to take appropriate action as Delhi High Court direction is clear that police can take suomotto action.
4. The DCP, South Delhi, with request to take appropriate action, as Delhi High Court direction is clear that police can take suomotto action.
5. The SHO, Defence Colony, New Delhi, with request to take appropriate action, as Delhi High Court direction is clear that police can take suomotto action.