SC refuses to stay nation-wide doctors' strike

June 25, 2012

supreme

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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coastaldigest.com web desk
June 16,2020

New Delhi, Jun 16: Despite Prime Minister Narendra Modi led government’s attempt to downplay the border dispute with China, matters have heated up unprecedentedly along the Line of Actual Control (LAC)- the effective Sino-India border in Eastern Ladakh. 

The country has lost three precious lives – an army officer and two soldiers. The last time blood was spilled on the LAC, before the latest episode, was 45 years ago when the Chinese ambushed an Assam Rifles patrol in Tulung La.

India had lost four soldiers on October 20, 1975 in Tulung La, the last time bullets were fired on the India-China border though both the countries witnessed bitter stand-offs later at Sumdorong Chu valley in 1987, Depsang in 2013, Chumar in 2014 and Doklam in 2017.

Between 1962 and 1975, the biggest clash between India and China took place in Nathu La pass in 1967 when reports suggest that around 80 Indian soldiers were killed and many more Chinese personnel.

While three soldiers, including a Commanding Officer, were killed in the latest episode in Galwan Valley, the government describes it as a "violent clash" and does not mention opening fire.

New Delhi described the locality where the 1975 incident took place as "well within" its territory only to be rebuffed by Beijing as "sheer reversal of black and white and confusion of right and wrong".

The Ministry of External Affairs had then said that the Chinese had crossed the LAC and ambushed the soldiers while Beijing claimed the Indians entered their territory and did not return despite warnings.

The Indian government maintained that the ambush on the Assam Rifles' patrol in 1975 took place "500 metres south of Tulung" on the border between India and Tibet and "therefore in Indian territory". It said Chinese soldiers "penetrating" Indian territory implied a "change in China's position" on the border question but the Chinese denied this and blamed India for the incident.

The US diplomatic cables quoted an Indian military intelligence officer saying that the Chinese had erected stone walls on the Indian side of Tulung La and from these positions fired several hundred rounds at the Indian patrol.

"Four of the Indians had gone into a leading position while two (the ones who escaped) remained behind. The senior military intelligence officer emphasised that the soldiers on the Indian patrol were from the area and had patrolled that same region many times before," the cable said.

One of the US cables showed that former US Secretary of State and National Security Adviser Henry Kissinger sought details of the October 1975 clash "without approaching the host governments on actual location of October 20 incident". He also wanted to know what ground rules were followed regarding the proximity of LAC by border patrols.

A cable sent from the US mission in India on November 4, 1975 appeared to have doubts about the Chinese account saying it was "highly defensive".

"Given the unsettled situation on the sub-continent, particularly in Bangladesh, both Chinese and Indian authorities have authorised stepped up patrols along the disputed border. The clash may well have ensued when two such patrols unexpectedly encountered each other," it said.

Another cable from China on the same day quoted another October 1974 cable, which spoke about Chinese officials being concerned for long that "some hotheaded person on the PRC (People's Republic of China) might provoke an incident that could lead to renewed Sino-Indian hostilities. It went on to say that this clash suggested that "such concerns and apprehensions are not unwarranted".

According to the United States diplomatic cables, Chinese Foreign Ministry on November 3, 1975 disputed the statement of the MEA spokesperson, who said the incident took place inside Indian territory.

The Chinese had said "sheer reversal of black and white and confusion of right and wrong". In its version of the 1975 incident, they said Indian troops crossed the LAC at 1:30 PM at Tulung Pass on the Eastern Sector and "intruded" into their territory when personnel at the Civilian Checkpost at Chuna in Tibet warned them to withdraw.

Ignoring this, they claimed, Indian soldiers made "continual provocation and even opened fire at the Chinese civilian checkpost personnel, posing a grave threat to the life of the latter. The Chinese civilian checkpost personnel were obliged to fire back in self defence."

The Chinese Foreign Ministry spokesperson had also said they told the Indian side that they could collect the bodies "anytime" and on October 28, collected the bodies, weapons and ammunition and "signed a receipt".

The US cables from the then USSR suggested that the official media carried reports from Delhi on the October 1975 incident and they cited only Indian accounts of the incident "ridiculing alleged Chinese claims that the Indians crossed the line and opened fire first".

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News Network
July 20,2020

New Delhi, Jul 20: India's COVID-19 case tally crossed the 11 lakh mark with the highest single-day spike of 40,425 new cases and 681 deaths reported in the last 24 hours, informed the Union Health and Family Welfare Ministry on Monday.

Total cases in the country now stand at 11,18,043 while the death toll is 27,497.
The Health Ministry said the total number of cases includes 3,90,459 active cases and 7,00,087 patients have been cured/discharged/migrated.

Maharashtra remains the worst affected state with 3,10,455 cases reported until Sunday.
Meanwhile, as per the information provided by the Indian Council of Medical Research (ICMR), 1,40,47,908 samples have been tested for COVID-19 till July 19, of these 2,56,039 samples were tested yesterday.

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News Network
January 30,2020

Jan 30: BJP leader and West Bengal party head, Dilip Ghosh has yet again made a controversial statement. He said that one has to go to jail in order to gain respect or become a political leader.

"You will not be a leader if you don't go to jail, if Police don't take you, then you must go there yourself. If they don't give you any scope, you do something to go to jail, only then will people respect you. There is no place for soft people in politics," ANI quoted Ghosh as saying.

Earlier, Ghosh had triggered a controversy by saying that anti-CAA protestors in Assam and Uttar Pradesh were shot dead "like dogs", and similar punishment should be given to protestors in Bengal.

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