The Bombay High Court (HC) has directed Maharashtra's resident doctors to immediately withdraw their statewide strike against the Maharashtra Medical Council's (MMC) decision to grant conditional registration to certain homeopathy doctors.
Taking suo motu cognizance of the matter, a Division Bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad observed that while doctors have the right to protest, they cannot do so at the cost of patients' lives. The court also warned that the salaries of striking doctors would be withheld if the agitation continued. Following the court's observations, the Maharashtra Association of Resident Doctors (MARD) assured the Bench that the strike would be called off.
During the hearing, the High Court strongly criticized the ongoing strike, asking the resident doctors: "Even if your agitation succeeds tomorrow, can you bring back the lives of patients who died during the strike?"
The Bench emphasized that the constitutional right to protest cannot override the fundamental responsibility of ensuring uninterrupted medical care for patients.
High Court May Frame Guidelines on Doctors' Strikes
While keeping the suo motu proceedings pending, the Bombay High Court indicated that it is considering framing legal guidelines to regulate or prevent strikes by doctors in the future, given their impact on public healthcare.
The court appointed Senior Advocate Vineet Naik and Advocate Amogh Singh as Amici Curiae to assist in the matter. The next hearing has been scheduled for September 8.
Court Criticizes Threat to Suspend ICU Services
The court also expressed serious concern over reports that the protesting doctors had threatened to suspend Intensive Care Unit (ICU) services if the dispute continued.
Drawing a distinction between industrial strikes and medical strikes, the Bench remarked: "If there is a strike in a factory, it results in financial loss. But if patients die because doctors go on strike, can those lives be brought back?"
The court underscored that healthcare professionals carry a unique responsibility, as their actions directly affect human lives.
Maharashtra Government's Stand
Advocate General Milind Sathe informed the court that it had earlier declined to stay the MMC's decision to grant conditional registration to BHMS doctors who have completed the Certificate Course in Modern Pharmacology (CCMP).
The primary petition challenging the policy remains pending before the High Court and is expected to be heard later this month.
Sathe also told the Bench that the Maharashtra government has appealed to both the Indian Medical Association (IMA) and MARD to withdraw the strike in the interest of public healthcare.
Why Were Resident Doctors on Strike?
The protest stems from an MMC notification issued on June 30, which allows BHMS (Bachelor of Homeopathic Medicine and Surgery) graduates who have successfully completed the CCMP course to receive conditional registration and prescribe certain modern medicines.
Opposing the decision, nearly 7,000 resident doctors across Maharashtra launched a statewide strike, arguing that the move compromises patient safety and blurs the distinction between different systems of medicine.
The strike significantly affected healthcare services at government hospitals across Maharashtra, with Outpatient Department (OPD) services bearing the brunt of the disruption.
Although emergency services, surgeries, and Intensive Care Units (ICUs) continued to function, thousands of patients faced long waiting hours, while many others had to leave hospitals without receiving medical consultation or treatment.
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