Kerala HC on Nurses’ Essential Service

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.

Kerala HC on Nurses’ Essential Service

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.