Delhi High Court Urges Prompt Action on Nursing Commission Formation
The Delhi High Court has mandated the Central government to expedite its consideration of a plea advocating for the establishment of the National Nursing and Midwifery Commission (NNMC). This directive comes in response to a petition filed by the Indian Professional Nurses Association (IPNA) against the Union of India and others, which highlights prolonged delays in the commission’s formation.
Presiding over the case, Justice Swarana Kanta Sharma instructed the Union Ministry of Health and Family Welfare to address the concerns raised by the IPNA within a two-month timeframe. This order, dated August 17, underscores the court’s recognition of the urgency and significance of this matter.
Justice Sharma articulated, “This Court finds it appropriate to direct that the present petition filed before this Court be treated as a representation on behalf of the petitioner, and the respondents are directed to decide the same, within a period of two months from date, under intimation to the petitioner herein.”
Background of the IPNA’s Plea
The IPNA, a Delhi-based NGO dedicated to the welfare and advancement of nurses in India, raised concerns over the delayed implementation of the National Nursing and Midwifery Commission Act, 2023. This legislation, effective from 2024, mandates the replacement of the Indian Nursing Council with the NNMC to regulate nursing and midwifery education, training, and professional practice across India.
Despite the law’s enactment, the NNMC remains unconstituted, with the Indian Nursing Council still fulfilling its regulatory duties. The IPNA contends that this delay is discriminatory and arbitrary, especially given the formation of regulatory bodies for other healthcare professions, such as the National Dental Commission and National Medical Commission, among others.
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The petitioners argue that the exclusion of the nursing profession, which represents a significant portion of the healthcare workforce, contravenes Articles 14 and 21 of the Indian Constitution, which guarantee equality before the law and the right to life, respectively.
Government’s Current Position
In response to the IPNA’s plea, the government acknowledged the invitation for applications to appoint NNMC members in 2024. However, the appointments and subsequent commission formation remain pending.
The Delhi High Court’s latest directive grants the IPNA the liberty to revisit the court if the grievances remain unaddressed. The case saw representation from Advocate Robin Raju for the IPNA, while Central government standing counsel Manisha Agrawal Narain, along with Harshit Joshi and advocates Nipun Jain and Deepender Banger, represented the Centre. Advocate VSR Krishna appeared for the Nursing Council.
