• May 23, 2026

Kerala High Court wants govt to declare nursing as essential service amid statewide strike

Kerala High Court wants govt to declare nursing as essential service amid statewide strike

KOCHI May 23: Kerala High Court has urged the State government to consider declaring nursing services an essential service amid the ongoing statewide strike by private hospital nurses, stressing that uninterrupted healthcare delivery is vital to the public interest.

A single-judge Bench led by Justice P Gopinath made the observations while hearing a batch of petitions related to the indefinite strike called by the United Nurses Association (UNA). The Court orally observed that the government could not remain a “silent spectator” when critical healthcare services were disrupted because of industrial action.

The petitions were filed by the Kerala Private Hospital Association (KPHA), which sought directions to the State government to invoke the Essential Services Maintenance Act (ESMA) and the Kerala Essential Services Maintenance Act (KESMA) to curb strikes affecting hospital operations.

According to the petitioners, the agitation had severely affected the functioning of private hospitals, leading to delays in surgeries and disruption of patient care.

During the hearing, the Bench asked the State government whether nursing services could be formally notified as essential services under the existing legal framework. The Court observed that nurses form the backbone of the healthcare system and that any disruption in their services directly affects patients’ right to timely medical treatment.

The strike was launched by the UNA demanding revision of minimum wages and improved service conditions for nurses employed in private hospitals across Kerala. While acknowledging the nurses’ right to raise legitimate employment-related grievances, the Court said industrial action in the healthcare sector must be balanced against broader public interest concerns.

The High Court had earlier directed the State government and police authorities to ensure the smooth functioning of hospitals and prevent obstruction or intimidation near hospital premises.

The matter remains pending as discussions continue over possible government intervention and mediation between hospital managements and the nurses’ association.

In a related petition filed by the Kerala State United Nurses’ Association, the Court issued notices to the Secretary of the State Council for Clinical Establishments, the Secretary of the Health and Family Welfare Department, and Jubilee Mission Hospital over allegations that unregistered persons were being appointed as nurses at Jubilee Mission Hospital and Amala Institute of Medical Sciences during the ongoing strike.

The association argued that such appointments violated provisions of the Kerala Nurses and Midwives Act, 1953, and the Kerala Clinical Establishment (Registration and Regulation) Act.

The Court orally remarked that while it was not justifying the actions of either the hospitals or the association, certain professions — including doctors, nurses and lawyers — should not resort to strikes that disrupt essential public services. The Bench suggested that nurses could hold protests outside working hours and sought the State government’s stand on declaring nursing an essential service.

Counsel for the petitioner association argued that only members of the association were participating in the strike and that other nurses remained available for duty. It was also submitted that one-third of the staff continued to work in essential units.

Nurses at the two Thrissur hospitals have been on strike since March, demanding fair wages and better service conditions. After mediation efforts failed, the High Court earlier issued an interim order allowing hospitals to initiate disciplinary proceedings against striking nurses while permitting the association to continue its protests.