A copy of circular from MCI to State Medical Councils has been making rounds in social media. The language of MCI is ambiguous and non committing. The SC order of 11th November, 2014 that this circular refers to is in response to PIL filed as Civil Writ petition no. 253 of 2013 by a group called PBT. Hon. Supreme Court has stated that in past there was
opinion that one should approach MCI or state councils for taking actions if there are strikes by doctors.
Thus this is a mere observation by Hon. SC and no judgement. There are no previous case laws also in this regards. The Code of Medical Ethics of 2002 is absolutely silent on strikes by registered members of MCI. MCI has unnecessarily issued this circular when there is no such directive by SC. Even state laws like one for Gujarat Medical Council are also silent so far as strikes by doctors are concerned. Lawful protest is a fundamental right and I would strongly suggest IMAHQ to file a writ of special nature in SC to demand order from SC agaiinst MCI for total withdrawal of this circular. It is in violation of Constitution of India, and could also be contempt of Hon. SC by misrepresenting the order of Hon. SC.