Kochi, Kerala:
In a significant observation amid an ongoing nurses’ strike in Kerala, the Kerala High Court has orally questioned why nursing services have not been classified as an “essential service”, highlighting the critical role nurses play in the healthcare system.

The remarks came while hearing a petition filed by the Kerala State United Nurses’ Association (KSUNA) against the appointment of allegedly unregistered individuals as nurses at Jubilee Mission Hospital and Amala Institute of Medical Sciences in Thrissur during the ongoing strike by qualified nursing staff.

The association argued that employing unregistered personnel in nursing roles violates provisions of the Kerala Nurses and Midwives Act, 1953, as well as the Kerala Clinical Establishments (Registration and Regulation) Act. According to the petitioners, patient safety and professional standards could be compromised if unqualified individuals are allowed to perform nursing duties.

During the proceedings, the High Court clarified that it was not endorsing the actions of either the hospitals or the striking nurses. However, the court observed that certain professions providing essential public services—including doctors, nurses, and lawyers—cannot simply cease functioning due to their direct impact on public welfare.

The bench also suggested that nurses could continue their protests after working hours while ensuring uninterrupted patient care. Seeking clarity on the broader issue, the court asked the State Government to present its position on whether nursing should be formally categorized as an essential service.

Responding to the court’s observations, the nurses’ association stated that the strike does not involve all nursing personnel and that adequate staff remain available for critical healthcare services. The association further claimed that nearly one-third of the workforce continues to serve in emergency and essential units to prevent disruption of patient care.

The dispute stems from a strike launched in March by staff nurses at the two hospitals, who are demanding fair wages and improved working conditions. Attempts at mediation reportedly failed, leading to continued industrial action.

Earlier, the High Court had issued an interim order allowing hospital authorities to initiate disciplinary proceedings against nurses participating in the strike, while simultaneously recognizing the association’s right to continue peaceful protests.

The case has reignited a broader national debate on balancing healthcare workers’ rights to protest with the need to maintain uninterrupted medical services. The court’s remarks on declaring nursing an essential service could have far-reaching implications for labor policies and healthcare administration across the country.

The matter is expected to be heard further after the State Government submits its response regarding the status of nursing services and the legality of the appointments challenged by the association.

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