Right to life

Case Name and Number: Intern Doctor’s Strike Case, Writ Petition No. 4319 of 2010
Parties: Ain o Salish Kendra Vs. Bangladesh and others
Court: High Court Division of the Supreme Court.
Judges: Mr. Justice Md. Imman Ali and Mr. Justice Obaidul Hassan.
ASK’s Role: Petitioner
Conducting Lawyer: Sara Hossain.
Subject Matter: Continuous failure of the state and its authorities to take prompt and effective action to investigate the complaints of misconduct of intern doctors in the form of abstinence from work or strike which causes violation of right to access to health even to some extent right to life.
Court’s Response: On 30.05.2010 the Court passed a Rule Nisi calling upon the respondents to show cause as to why their failure to take any action in particular pursuent to the Bangladesh Medical and Dental Council Act and the Code of Conduct for the intern doctors framed by the Ministry of Health and Family Affairs to investigate the allegations of strikes being called by intern doctors in different hospitals across the country , resulting in the death of patients and deprivation of citizens from access to emergency healthcare, should not be declared illegal and without lawful authority and unconstitutional being in violation of the fundamental rights to life including the right to health and as to why Bangladesh Medical and Dental Council and  its Chairman should not be directed to comply with their duties under the Bangladesh Medical and Dental Council Act, 1980 to take appropriate action against those found to have participated in such strikes in violation of the Code of Medical Ethics and the said Code of Conduct of 1998, and why the respondents should not be directed to submit reports on the steps taken by them to adopt and implement the said Code of Conduct of 1998 to dated and to investigate the allegations of misconduct by the intern doctors as detailed in the annexures to take action against those responsible pursuant the Bangladesh Medical and Dental Council Act 1980 and the said Code of Conduct of 1998.
Current Status: The case is pending.
ASK Contact: Abu Obaidur Rahman, Deputy Director, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net