The Kerala High Court has directed the State government and the State Police Chief to take effective measures to ensure that the functioning of hospitals belonging to the petitioner association is not obstructed or disrupted in any manner in the wake of the agitation by nurses seeking higher salary.

Taking note of the gravity of the situation and the potential impact on the right of patients to access timely medical care, it has to be ensured that free and unobstructed access to the hospitals is maintained at all times and that no blockade, intimidation or interference of any nature is permitted at or near the hospital premises.

The government and the others concerned must also ensure that nurses and the other staff willing to discharge their duties are able to do so without any threat, coercion, obstruction or interference from the agitating union, said a Bench of Justice Mohammed Nias C.P. on Tuesday.

The court was hearing a plea by the Kerala Private Hospitals’ Association, which said the functioning of hospitals across the State, including emergency and critical care services, was being adversely affected by the agitation.

The association sought a directive to the authorities concerned to take appropriate action under ESMA, 1968, and KESMA, 1994, to declare hospital services as an essential service and take necessary steps in public interest to ensure that ‘strikes and disruptive activities’ affecting hospital services are prohibited.


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