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High Court issues notice to Govt, Docs' bodies over Right to Health Bill

 

 Rule of Law : Indian Perspective | ProBono India

On Friday, the High Court of Rajasthan issued notice to the State Govt, the agitating private doctors' association, & Rajasthan Medical Council, among others, on the ongoing strike by doctors against the Right to Health (RTH) Bill passed by the Assembly recently.

Hearing a Public Interest Litigation filed by Pramod Singh, a division bench of acting Chief Justice MM Shrivastav & Justice Anil Upman directed the government to furnish the minutes of the talks held with the doctors to break the deadlock in the next hearing slated for April 11.

 

The HC also took to task the petitioners, saying the PIL was not properly researched & filed to get publicity, adding that the petition did not contain even newspaper clippings to substantiate the points raised. The court also observed that the lawyers have lost all moral authority to appear in cases related to strikes as they have themselves been on strike for over a month recently.

Appearing for the government, Advocate General Mahendra Singhvi sought that the ongoing strike by doctors be declared illegal. He said the RTH Bill was passed after extensive discussions with the doctors & scrutiny by the standing committee of the Assembly. He said the Bill was passed unanimously by the Assembly on March 21.

The petition urged the HC to direct cancellation of the licence/ registration of doctors on strike & the recognition of private diagnostic centres which are supporting the strike. The petition asserted that there is currently a healthcare crisis in the state due to the strike by doctors & that it is causing loss of lives.

Rajasthan is the first state in the country to come up with legislation like the RTH Bill, under which neither government hospitals nor private hospitals can refuse any person emergency treatment, the petition pointed out. Emergency treatment includes accident care, snakebite, & childbirth services, for which patients need not worry about expenses & could get health service at the nearest health centre. The government would reimburse the expenses to the healthcare provider, which is in the public interest, said the petition. It pointed out that the ongoing strike by the doctors of private hospitals has been joined by those from government hospitals, which has hit the functioning of government-run hospitals.


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