Kerala High Court Questions Nursing Essential Service Status
Why in the News ?
The Kerala High Court questioned why nursing services are not officially classified as an essential service while hearing a case related to the appointment of unregistered nurses during an ongoing strike in private hospitals in Kerala.
High Court Observations and Ongoing Nursing Strike
● The Kerala High Court orally observed that nursing services are critical and questioned why they have not been declared an essential service.
● The remarks came during hearings related to the ongoing strike by qualified nurses in private hospitals in Kerala.
● Nurses in hospitals such as Jubilee Mission Hospital and Amala Institute of Medical Sciences have been protesting since March.
● The nurses demanded fair wages, improved working conditions, and better labour protections.
● The court noted that healthcare strikes affect public welfare and require balancing workers’ rights with uninterrupted medical services.
Allegations Regarding Appointment of Unregistered Nurses
● The Kerala State United Nurses Association challenged the appointment of allegedly unregistered individuals as nurses during the strike period.
● The association argued that such appointments violate the Kerala Nurses and Midwives Act, 1953 and the Kerala Clinical Establishments Act.
● Notices were issued to the State Health Department, State Council for Clinical Establishments, and the concerned hospitals.
● The nurses’ association claimed that only a section of staff members are participating in the strike while emergency services continue to function.
● Earlier, the court permitted hospitals to initiate disciplinary proceedings while allowing the nurses’ protest to continue.
| About Essential Services and Nursing Regulations: ● Essential services are services considered necessary for maintaining public health, safety, and daily life, where strikes may face restrictions. ● Healthcare services are often treated as essential due to their direct impact on human life and emergency care. ● The Kerala Nurses and Midwives Act, 1953 regulates registration and professional standards for nurses in the State. ● Labour rights under the Constitution include the right to protest peacefully, but courts also balance this with public interest and continuity of essential services. ● Regulation of clinical establishments aims to ensure qualified medical personnel, patient safety, and minimum healthcare standards. |