Kerala HC directs Govt, Police Chief to ensure hospitals' smooth functioning amid nurses' strike

Thiruvananthapuram: The Kerala High Court has directed the State government and the State Police Chief to take effective steps to ensure that hospital services are not obstructed amid an ongoing state-wide agitation by nurses demanding higher salaries.

The court emphasised that hospitals must continue functioning without disruption, especially as any interference can directly affect patients’ ability to access timely medical care.

The court also directed that authorities must ensure that access to hospitals remains free and unobstructed at all times. It observed that no blockade, intimidation, or interference should be permitted near hospital premises and that healthcare workers willing to continue their duties should be able to do so without facing threats or coercion.

According to a report by The Hindu, the directions were issued by a Bench of Justice Mohammed Nias C.P. while hearing a petition filed by the Kerala Private Hospitals’ Association. The court noted the seriousness of the situation, particularly because disruptions in hospital operations could affect essential medical services and patient care.

The petition stated that the agitation by nurses seeking higher wages was affecting the functioning of private hospitals across the state. It added that several hospital services, including emergency and critical care, were being adversely impacted due to the ongoing protests.

In its submission before the court, the association sought directions to the authorities to take action under the Essential Services Maintenance Act, 1968, and the Kerala Essential Services Maintenance Act, 1994. It requested that hospital services be formally treated as essential services and that necessary steps be taken in the public interest to prevent strikes or other activities that could disrupt hospital operations.

While issuing directions, the High Court stressed the importance of ensuring uninterrupted access to medical care. The bench observed that, given the gravity of the situation and its possible impact on patients, authorities must ensure that hospital premises remain accessible and that healthcare services continue without interference.

The court further directed that nurses and other hospital staff who are willing to continue their work should be able to perform their duties without facing intimidation, coercion, or obstruction from those participating in the agitation.

According to a report by The New Indian Express, private hospitals in districts such as Kozhikode, Malappuram, Kannur, and Kasaragod are facing a shortage of nursing staff as many nurses have stayed away from duty while demanding that the minimum salary be increased to Rs 40,000.

Hospital authorities reportedly said that the shortage has forced many facilities to rely heavily on postgraduate doctors to carry out essential duties that are usually handled by nurses. Doctors working in private hospitals in Kozhikode said the situation has become increasingly challenging, with some hospitals even struggling to handle admissions in emergency departments due to insufficient staff.

Senior doctors noted that although postgraduate doctors are trained to assist with clinical work, the sudden shift in responsibilities has created significant pressure on young doctors who are already managing demanding clinical training and academic commitments. 

Hospital management groups have also warned that if the minimum salary of nurses is increased to Rs 40,000, hospitals may have to significantly raise treatment charges to absorb the additional financial burden. At the same time, doctors have urged authorities to ensure that emergency services remain exempt from strike actions so that critically ill patients do not face delays in treatment.

Protesting nurses continued their demonstrations on Tuesday in front of the Civil Station in Kozhikode. One of the nurses participating in the protest said the profession has long been undervalued despite its importance in the healthcare system. “We will not gamble with the lives of patients, but we must be given the consideration we deserve,” she said.