A consumers’ right body on Monday filed a writ petition at the Supreme Court seeking annulment of the agreement signed by the Health Ministry with the Nepal Medical Association (NMA) on September 3 because it violates consumers’ rights.
Petitioner advocate Bishnu Prasad Timilsina claims implementing the agreement with NMA would violate articles 16, 17, 20, 21, 25, 27, 29, 35, 38, 43 and 44 of the constitution.
On behalf of the Forum for Protection of Consumers Rights (FPCR), advocate Timilsina, who is the forum’s secretary, filed the writ against NMA, Health Ministry, and Minister of State for Health Dr Surendra Kumar Yadav besides the Prime Minister’s Office.
Timilsina demands an interim order against the NMA to stop probable strikes in hospitals that could lead to loss of lives.
“Since the NMA has threatened to continue its strike if the government fails to address its demands by September 10, the FPCR has urged the SC to issue an interim order not to halt essential services of hospitals,” said Timilsina, and added the agreement is against consumers’ rights.
The writ says the NMA’s demand to amend the Criminal Code is against the consumers’ right because it would only benefit medical entrepreneurs. The petitioner explains in the petition how the amendment of clauses 230-40 of the criminal code would affect consumers’ rights.
Claiming Janakpur State Minister Dr Yadav, who is a physician and owns a hospital, has interest in the agreement, petitioner Timilsina urges annulling the agreement.
Timilsina claimed the government and the NMA have not given him a copy of the agreement despite several requests. The writ was filed based on reports published by different newspapers, he said.