SC refuses to stay nation-wide doctors' strike

June 25, 2012

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New Delhi, Jun 25: The Supreme Court today refused to stay the day-long nation-wide strike called by the Indian Medical Association to protest against certain reforms initiated by the Central Government in the medical field.

A bench of justices H L Gokhale and Gyan Sudha Misra, however, hoped the doctors would desist from going ahead with the proposed strike in the interest of the general public.

"We find force in the submission made by senior counsel M N Krishnamani that the strike would cause serious difficulties to the people. We expect that the doctors would not go on strike," the bench observed.

The apex court felt that it was too late to stay the strike as it would be difficult to ensure compliance but issued notice to the Centre on the petitioners' plea that the doctors going on strike would be illegal and unconstitutional.

The apex court also asked senior counsel T S Dhobia, appearing for the Centre, as to why the government failed to take any preventive steps despite the petitioners making a representation to it.

"Why don't you respond. They (petitioners) had earlier made a representation for preventing the strike. You could have acted," the bench observed.

The Centre's counsel merely stated that the strike was impermissible and the government was not in favour of it.

The apex court was hearing a petition by an NGO, People for Better Treatment (PBT), opposing the doctors' strike and seeking it to be declared as illegal.

PBT has submitted to the apex court that the proposed strike violates, apart from the Hippocrates Oath, several other provisions in the Medical Council of India (MCI).

The Indian Medical Association(IMA) had called the strike to protest against the Union government's decision to set up a National Commission for Health and other policy decisions affecting the medical profession.According to the IMA, the Centre has set up a National Commission for Health and has brought under its umbrella the National Council for Human Resource in Health, Bachelor of Rural Health Care and MCI.

The government has also proposed some amendments in laws related to clinical establishment and private practise which is being resented by doctors.

The People for Better Treatment submitted in its petition that the proposed strike also violates medical principles like those of the "Code of Ethics and Regulations", "Maintaining good medical practise", "Obligation to the sick" and "The patient must not be neglected."

The PBT said the past experiences shows that the doctors’ strike has proved disastrous for the poor and the needy patients.

It had urged the apex court to issue a direction to the Centre to hold that any call for "doctors' strike" should be held as unethical, immoral and against the law.

It further wanted disciplinary steps to be initiated against those breaching ethics and law.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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News Network
April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

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News Network
April 16,2024

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New Delhi:  Twenty-nine Maoists, including a senior rebel leader - Shankar Rao, who had a bounty of ₹ 25 lakh on his head - were killed by security forces during an encounter in Chhattisgarh's Kanker district on Tuesday afternoon. A huge quantity of weapons, including Ak-47 and INSAS rifles, were recovered. 

Three security personnel were injured in the gunfight, which took place in forests near the village of Binagunda after a joint team of District Reserve Guard and Border Security Force were attacked.

Two of the three injured are from the BSF. Their condition is stable but the third - from the DRG - is in critical care. All three received treatment at a local hospital and are to be shifted to a larger facility.

Sources said the fighting began at around 2 PM, when a joint DRG-BSF team was conducting an anti-Maoist operation. The DRG was set up in in 2008 to combat Maoist activities in the state, and the Border Security Force has been deployed extensively in the area to for counter-insurgency ops.

There was another encounter in the district last month, in which two people - a Maoist and a cop - were killed, and security forces recovered a gun, some explosives, and other incriminating materials.

Personnel from the DRG and Bastar Fighters, both units of the state police force, with the Border Security Force, were involved in that operation, officials told news agency PTI. The patrolling team was cordoning off a forested area when fired on indiscriminately, leading to the gun battle.

In November last year, while the state was voting in the first phase of an Assembly election, a gunfight broke out between security forces and Maoist rebels in the same district.

An Ak-47 rifle was recovered from the encounter site.

On the same day, while polling was taking place, Maoists fired at DRG personnel deployed near a polling station in Banda in Dantewada district.

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