02 July,2011 07:19 AM IST | | Priyanka Vora
BMC's medical fraternity is dumbfounded at theu00a0new bond they are supposed to sign, the clauses of which are binding upon their legal heirs!
If doctors at any of the civic-run hospitals breach the terms of their employee contract with the BMC, their legal heirs would be held responsible for it. So says a clause in the bond that the civic body, in its boundless wisdom, has drawn up for its medical teachers to sign. Understandably, the stipulation, "This undertaking is binding upon my legal heirs", has come under strong condemnation from over 1,200 medical teachers at the city's three major civic-run hospitals: Sion, Nair and KEM. They feel it is unconstitutional, inappropriate and unfair in the manner it runs roughshod over the principle of choice and freedom. The deadline for signing the bond form and submitting it expired on June 30. A majority of the bonds remained unsigned.u00a0
Inu00a0a dilemma: Doctors say the clause in the bond is ambiguous in
nature and some clarifications are required. representation pic
Absurd bond?
In 2004 the BMC had allowed its teachers to practise privately, provided they intimate the authorities by signing a bond as such teachers were not entitled to the non-practising- allowance, which is part of their salary. But owing to the boom in the private health sector and lucrative offers coming their way, many senior teachers opted for private practice, creating a dearth for medical teachers.
Consequently, in May this year, the civic body wrote up a new proviso that all private and non-private practising teachers were required to endorse. The legal clause, that makes their family a part of their professional commitment, has shocked both sets of doctors.u00a0
A senior doctor at KEM hospital, who has opted for private practice, asserted, "We accept the terms in the bond that require us to be in the hospital during the duty hours from 9 am to 4 pm and not practice privately in the hospital. But this undertaking should only be binding on me, the employee, not my legal heirs." Other provisos include being available on call 24 hours a day.
Dr Sanjay Mohite, head of the Forensic Department at Nair Hospital, said, "The document was prepared in May but we received it last week. The matter in the bond is ambiguous in nature and some clarifications are required. The bond demands that doctors be attached with just one hospital, which is not possible in Mumbai, where doctors practise in more than one hospital. Also, re-submitting the bond every year is a waste of resources for those not part of any private practice."
Dr Girish Rajyadyaksha, Nair hospital, secretary of the Welfare Association of Medical Teachers, said, "We have called for a meeting with doctors as many have expressed concern over the clause. The dead line to submit the bond was June end, but we have asked for more time."
Sion hospital's association of medical teachers has also penned a letter asking for clarity on the particular clause - what sort of an action the civic body plans to take in case an heir deviates from the clause someone else has signed on his behalf; is it even its place to take an action, and so on.u00a0
'Unconstitutional'
The contentious clause has left lawyers wide-eyed as some claim that it goes against the grain of the constitution. Fundamental Rights entitle a citizen to make their own choice as regards employment. By making the legal heir responsible, the bond infringes on their freedom to take up a profession on their own terms.
Advocate Rajesh G Bane said, "The undertaking has no relation with the legal heirs as it is a professional bond. It is a clear infringement of constitutional rights, which allows a person to select a profession of one's choice.
This seems to be an invalid contract and the employees (medical teachers) can refuse signing the bond."
Advocate Akhilesh Chaubey said, "Only a person who is individually qualified for a particular job can sign a bond of such professional nature and the family members cannot be made party to such matters. This bond is an infelicitous document."
The Other Side
Dr Sanjay Oak, dean of KEM hospital and director of major civic hospitals, said, "The drafting has been done by the legal department of the BMC. The medical teachers of the hospitals have corresponded with me about their concerns, which I have forwarded to the legal department." When MiD DAY contacted the BMC's legal department, Law Officer Vidya Khatu said, "I am not the person concerned."
