The government has responded to the recent statements reported in local news dailies that the Nagaland In-Service Doctors Association (NIDA) has called upon its members to proceed on indefinite strike from 28 October 2022 by drawing attention to the Nagaland Government Servants Conduct Rules and laying out a series of instructions and measures to manage the situation.
We take a look at the situation that has taken place so far.
Background
The cause of the strike is centred around the demand of the Association on the superannuation age of medical doctors in Nagaland. On 22 October, the Association issued a 48-hour ultimatum to the government for a positive response.
However, with the failure of the government to address the issue, the indefinite strike began on the midnight of 25 October. All work was ceased with the exemption of “emergency and life saving services.”
Earlier in April 2022, the State Cabinet had decided to enhance the superannuation age of doctors from 60 to 62 years but under the condition of ‘re-employment’ which was rejected by NIDA. The Association has been seeking for a review of this condition while also demanding for the recruitment of sufficient doctors and the regularisation of all contract appointments made during the pandemic.
NSF issues statement
The Naga Students’ Federation (NSF) in this regard had issued a press release on 1 November wherein it stated: “The Federation, after a thorough perusal and consideration of the demand placed by NIDA before the state government is compelled to state that their demands are not justified as the state cabinet in its meeting held on 21st April, 2022 yielded to their previous demand”.
The Federation further appealed to the doctors on strike to re-consider their stand in the interest of the general public and to safeguard the future of the young upcoming generation.
Government of Nagaland responds
With the ongoing strike, the Government of Nagaland drew attention to Rule 25 of the Nagaland Government Servants Conduct Rules, 1968 through the issue of a notice. The rule prohibits government servants from participating in any form of strike or in any way, abet any form of strike.
The Supreme Court has also in several judgments agreed that going on strike is a grave misconduct under the Conduct Rules and should be dealt with it in accordance with law, the notice informed.
The government also drew attention to the fact that maintenance of public health and sanitation including hospitals and dispensaries are essential services under the Nagaland Essential Service (Maintenance) Act, 1978.
The proposed stir in any form is likely to cause severe disruption in medical care/public health services and is therefore, liable to endanger the life, health and security of the people of the State. This will tantamount to violating the provisions of the Act and invite penal action, it highlighted.
The Deputy Commissioners of the respective districts were also called to ensure that the Chief Medical Officers and the Medical Superintendents and their subordinate officers follow the directions and in any case of any violation submit reports on the matter to Government through Commissioner forthwith for further action.
Furthermore, vide No HFW(A) MISC- 12/38/16/524 dated 28 October 2022, it has been directed that no government medical doctors shall communicate with members of press in matters not connected with discharge of official duty.
Measures undertaken by the state government
In order to manage and mitigate the likely impact of the strike, a state level control room with dedicated helpline shall be set up and overseen by the Principal Director of DHFW, for coordination and real time monitoring of the situation in the state.
The government further issued directives for the set up of a District Level Control Room for the monitoring of the situation.
The CMO in consultation with the Deputy Commissioner would re-deploy all available contractual/temporary and AYUSH doctors or any other health care professional in various facilities in the district to fill the gap due to anticipated unauthorized absences, the directive stated.
The Deputy Commissioners would also hold meetings with the available private hospitals/health care providers to work out the modalities for management of OPD and referral cases from the government facilities as and when required
The Deputy Commissioner would be in charge overall of ensuring implementation of instructions at the district level and take all necessary measures to ensure smooth functioning of health services without disruption, and would be assisted by the SP, CMO, MS and other officers as he may deem fit to assist him.
The Deputy Commissioner is further required to ensure sufficient security deployment along with executive magistrates at health facilities to ensure peaceful and orderly conduct of affairs.
The Principal Director (H&FW) has been made the in-charge to ensure that the strike called by NIDA has minimum impact on health services and instructions issued by the government.
Further, the Principal Director must ensure that facilities like Naga Tele health are fully operational during the period of agitation and all public health programmes remain unaffected, the directive stated.
