Kerala HC urges Govt to consider declaring nursing services essential amid strike
Kerala High Court
Kochi: Amid the indefinite strike by nurses working in private hospitals across Kerala, the Kerala High Court has urged the State government to explore declaring nursing services as an essential service to ensure uninterrupted healthcare delivery.
The observation was made by Justice P. Gopinath while hearing a batch of petitions related to the agitation led by the United Nurses Association (UNA). The Court observed that uninterrupted healthcare services are crucial to the public and that the government cannot remain a passive observer when vital medical services are affected.
Also Read:Kerala HC directs Nurses Union to defer strike till March 19, calls for mediation
The petitions were filed by the Kerala Private Hospital Association (KPHA), which sought directions to the State government to invoke provisions of the Essential Services Maintenance Act (ESMA) and the Kerala Essential Services Maintenance Act (KESMA) to prohibit strikes that disrupt hospital functioning.
According to the petitioners, the ongoing strike has adversely affected operations at private hospitals, leading to delays in surgeries and disruptions to patient care services.
During the hearing, the Bench questioned the State government on whether nursing services could be formally notified as essential services under the existing legal framework. The Court observed that nursing care forms the backbone of the healthcare system and that any interruption in such services directly impacts patients’ right to timely medical treatment, reports India Legal.
The strike was launched to demand higher minimum wages and better working conditions for nurses employed in private hospitals. While acknowledging the nurses’ right to raise genuine employment concerns, the Court stressed that protests in the healthcare sector must also take into account the larger public interest.
Earlier, the High Court had directed the State government and police authorities to ensure the smooth functioning of hospitals and prevent obstruction or intimidation near hospital premises.
Medical Dialogues had previously reported that the Kerala High Court has directed that all strike actions by nursing staff in private hospitals be suspended until 19 March 2026. Justice Mohammed Nias C.P. urged both hospital managements and nurses to seek an “amicable resolution” through formal mediation, citing the “considerable hardship” hospital disruptions can cause to the public.
The matter remains pending as discussions are underway regarding possible government intervention and mediation between hospital managements and the nurses’ association, reports India Legal.
