Kerala High Court Intervenes to Safeguard Hospital Operations During Nurses' Strike
In a significant development, the Kerala High Court has issued a directive to the state government and the state police chief, mandating the issuance of appropriate instructions to police officers. The order aims to ensure that the functioning of hospitals affiliated with the Kerala Private Hospital Association is not obstructed or disrupted in any manner due to the ongoing state-wide nurses' strike.
Petition Filed by Hospital Association
The bench of Justice C P Mohammed Nias passed this order in response to a petition filed by the Kerala Private Hospital Association. The Association sought a directive to the state government to take appropriate action under the Essential Services Maintenance Act. Specifically, they requested that hospital services be declared as essential services and that strikes and disruptive activities affecting these services be prohibited.
Background of the Nurses' Strike
The petitioners approached the High Court in light of the strike called by the United Nurses Association (UNA). The nurses are demanding a hike in the minimum monthly salary to Rs 40,000, along with other benefits. The Association claimed that the ongoing strikes in private hospitals across Kerala are causing significant hindrances to the smooth functioning of these healthcare facilities.
The petition also sought a directive to prevent any obstruction, intimidation, dharna, or demonstration at hospital premises by the striking nurses or their supporters. Additionally, it requested protection for nurses and other hospital staff who are willing to attend duty.
High Court's Emphasis on Patient Rights
Taking note of the gravity of the situation and the potential impact on patients' right to access timely medical care, the High Court ordered the government and police chief to issue appropriate instructions. These instructions are to be directed to district police chiefs and other concerned police officers to ensure that the functioning of private hospitals is not obstructed by protesters.
Key directives from the High Court include:
- Police shall ensure that free and unobstructed access to hospitals is maintained at all times.
- No blockade, intimidation, or interference of any nature is permitted at or near hospital premises.
- Police must ensure that nurses and other staff willing to discharge their duties can do so without any threat, coercion, obstruction, or interference from the Nurses Association or its supporters.
Adjournment and Future Proceedings
The High Court has adjourned the petition to March 13 for further hearing. This interim order underscores the judiciary's commitment to balancing labor rights with the critical need for uninterrupted healthcare services, especially during times of industrial action that could jeopardize public health and safety.
