he President of the United States is supposedly
the most powerful person on earth. Wherever goes, he is famously
accompanied by a small black box – actually a leather briefcase – which
is supposed to contain the hi-tech equipment required to launch a
nuclear attack on any target on his command. With one press of the
button, he has the capacity to annihilate humankind. Hence this
proverbial button has come to symbolize coercive power of the nth
degree.
Doctors possess no such devastating power. To us,
knowledge is power and we may use it only to heal and cure humanity of
bodily suffering. However, in recent times, we have come to employ a
less glamorous, yet in many ways an equally mighty weapon – and by this
I mean The Doctors’ Strike. Medical personnel going on strike was at one
time an almost unheard of phenomenon. But today we can see that it is
gaining currency and making newspaper headlines from time to time.
Typically it results in a crisis in the healthcare system and causes
anxiety to the patient community. This in turn draws criticism from the
society as a whole and exposes us to all sorts of vitriolic attack.
In this write-up, I describe the phenomenon of
Doctors’ Strike, and come up with a reasonable stand on whether it is
ethically and practically right for us to resort to this practice, which
can be termed as nothing short of a medical equivalent of the nuclear
button.
Strikes - A General Overview
‘Strike’ is a general term referring to various forms
of protest resulting in stoppage of work for brief or long periods. Its
objective is to meet redressal of a grievance. It usually takes milder
forms in the initial stages such as stopping work for a few hours or
holding a protest by shouting slogans. General stoppage of work is
usually reserved as a last resort in order to disrupt normal functioning
of the organization and force the management to surrender to the demands
of the aggrieved parties.
The first historically recorded strike is said to
have taken place under Pharaoh Ramses III in ancient Egypt on 14th
November 1152 BC. The artisans of the Royal Necropolis at Deir el-Medina
walked off their jobs because they had not been paid. They promptly got
what they wanted and resumed work. But as a rule, strikes were not
common in the unorganized societies of the past. General strikes, as we
know them today, are a remnant of the industrial age of the 18th and
19th century. This was the time when labor became an organized force to
reckon with.This period spawned trade unionism and a strike culture that
thrived for almost up to the last lap of the past century. With the
advent of the knowledge age and the digital revolution, strikes have
faded into the background, helped partly by the improved economic
conditions and the flexibility available in the employment market.
However, strikes are now considered to be a
legitimate democratic tool of collective bargaining. It is also viewed
as a human right and a manifestation of absolute constitutional rights
such as the right to freedom of assembly, the right to freedom of
association, and the right to freedom of speech.
Doctors on Strike
While strikes by industrial labor force are
officially recognized and regulated under various labor laws in India,
the subject of strike by medical personnel has a near taboo status.
Society does not equate medical service providers with industrial labor
and constantly looks for sinister motives behind any act of rebellion by
doctors. In fact, the larger portion of Indian society is accustomed to
worshiping doctors by placing them on a pedestal, and it disturbs their
sacrosanct relationship with the profession when doctors decide to go on
strike. It kills their respect for doctors a bit.
In the eyes of the public as well as the law, doctors
and hospitals provide essential services for the well-being of society,
and it is expected that such services are available on 24x7 basis.
Healthcare services are liable to be covered under the provisions of The
Essential Services Maintenance Act 1968 (ESMA), which allows the
government to ban strikes in essential sectors like public utilities,
public transport, healthcare and sanitation. In the ‘Code of Ethics and
Regulations’ framed under the Medical Council of India (MCI) Act, it is
unconditionally stated that medical doctors cannot refuse treatment to
any patient who is in need of emergency medical care, and once a
physician has undertaken a case, he or she should not neglect the
patient, nor he/she should withdraw from the case without giving
adequate notice to the patient and the family.
On an ethical plane, doctors’ strike potentially
conflicts with the Hippocratic Oath, by which all medical personnel make
a sworn commitment to unconditionally dedicate themselves to the service
of the sick. To quote Edmund D Pellegrino, "When the Oath is proclaimed,
if it is taken seriously as a binding commitment to place one’s special
knowledge and skill at the service of the sick, the graduate has then
made his ‘profession.’ He or she enters the company of others with
similar commitments. At this moment, one enters a moral community whose
defining purpose is to respond to and to advance the welfare of patients
– those who are ill, who are in need of help, healing, or relief of
suffering, pain or disability [1]."
The Indian Scenario
Strike in healthcare sector is becoming increasingly
commonplace all over the world. The frequency of protest has been
increasing in India in the last few years. The reasons for the shut-down
are wide ranging: wage hike, lack of safety and security at the work
place, government policy issues, institutional capacity issues and so
on. The modus operandi is based on measured escalation. It does not
begin with sudden abandonment of the patient; instead it could begin
with simple slow-down, then move on to curtailment of non-critical
services, limited shut-down for few hours etc. A general shut down is
usually the last resort and for limited period of one or more days with
sufficient prior notice given to the public. Even then the back end
cadres continue to attend to emergency services and inpatients. By and
large, the patient is not allowed to be needlessly victimized for the
sake of a protest which is directed at a third party [2].
Despite these safeguards, it is a sad reality that
the poor patients end up having to fend for themselves. Indian
demography comprises of very large segment of poor patients who seek
free treatment. The penetration of health insurance and social security
is dismal, resulting in poor patients having to bear the brunt of any
disruption in healthcare services such as those caused due to a doctors’
strike. During such times, the media goes hyper, and reports unabashedly
about the large number of patients ‘killed’ by the strike. Though it can
be equally argued that such reports are exaggerated and that many
so-called deaths can be perfectly explained and fall within normal
statistical reality, one will find the public unwilling to buy such
rationalization.
The Way Forward
In the light of the above, we can reasonably conclude
that strikes are an avoidable course of action for doctors, however
compelling the reasons may be. Whenever, such a hard course of action is
to pursued, a cost benefit analysis should be made before hand to
determine whether the need justifies the means. So far very few of the
reasons for general strike have had to do with selfish gains like better
salaries and most of the times, the strikes have been motivated by
genuine factors such as the need to confront and reshape unreasonable
government policy or for demanding greater safety and better facilities
at the work place. Many a times the strikes have been successful in
gaining favorable response from government and other intended parties.
But the collateral damage in terms of needless suffering inflicted on
the patients and the damage done to our public image has also been very
high.
Hence even when a general strike by the healthcare
fraternity is considered to be inevitable, lot of planning and
preemptive measures have to be put in place before we actually get down
to the streets. Gandhian means of protest like Satyagraha and
non-cooperation should be considered as alternatives. Sufficient
pre-publicity to our cause and active engagement with the media should
be undertaken to win public support, which will also serve to increase
pressure on the decision makers on the other side. Such rigorous
homework will at best result in having our demands met in the last
minute even before the strike is to commence; at the least it will
maximize the gains and minimize the negative impact in the later phases
and make the exercise worthwhile.
So, on the whole, I feel that we should treat a
general shut-down of medical services as the ultimate weapon – the
nuclear button – which is meant to be only kept in reserve and never
used. A weapon to deter and not one to strike with.
References