The government is likely to introduce the contentious National Medical Commission (NMC) Bill, 2017, in the Lok Sabha on Tuesday.
When this happens, at least one group of people will be hoping that the proposed law gets stalled.
This group comprises of employees of the Medical Council of India—the organisation that the bill seeks to replace with the NMC—who stand to lose their jobs if the bill is passed.
Last week, the MCI officers and staff welfare association wrote to parliamentarians, asking them to “take up their cause” by reconsidering a clause that will render them jobless.
According to this clause, “Any officer or other employee who has been, immediately before the dissolution of the Medical Council of India, employed on regular or contractual basis by the Medical Council of India, shall on and from such dissolution, cease to be the officer or employee of the Medical Council of India and his employment in the Medical Council of India stand terminated with immediate effect.”
The NMC Bill, 2017, was introduced in the Lok Sabha in December, and following protests over several issues—particularly over the introduction of a “bridge course” for AYUSH professionals, and a national licentiate exam—was referred to a parliamentary standing committee.
On the employees' issue, the standing committee noted that the clause to retrench MCI employees' was unfair, “against the principles of natural justice” and “inhuman”. It recommended that instead of terminating their services, employees of certain categories within the council may be suitably absorbed on "compassionate grounds" in any government department.
Though the bill has certain amendments based on the standing committee's recommendations on other issues, the MCI employees fear that their concerns have not been accommodated in the latest version.
“This clause is unconstitutional as the constitution guarantees job security for government employees. Though the standing committee has said protection should be provided only to employees, it speaks only for certain categories of employees which is unfair. Protection should be extended to all employees,” said a senior official of the MCI, who did not wish to be named.
Though the bill says that those losing jobs will be adequately compensated, the official said employees wanted jobs, and not a one-time compensation. The Union ministry of health and family welfare had also observed that “in view of the past legacy of MCI, it will not be advisable to take these employees into the NMC secretariat.”
The government’s stand was not only draconian, anti-labour, unconstitutional, inhumane but also giving us all sleepless nights regarding our collective future, the employees state in their letter. Several of the employees are “the sole bread winners for their families,” they said.
Hence, they government ought to reconsider its position on the fate of the employees, the letter states.