Delhi High Court Directs Centre to Decide Plea for National Nursing and Midwifery Commission
The Delhi High Court has directed the Central government to decide within two months a plea seeking constitution of the National Nursing and Midwifery Commission (NNMC)
Justice Swarana Kanta Sharma passed the order while dealing with a plea by the Indian Professional Nurses Association (INPA) flagging concerns about the delay in setting up the NNMC, which was supposed to replace the Indian Nursing Council under a 2023 law.
By its August 17 order, the Court has directed the Union Ministry of Health and Family Welfare to address these concerns raised by INPA within two months.
The IPNA is a Delhi- based non-governmental organisation working for the welfare and advancement of nurses in India.
Its plea noted that after the enactment of the National Nursing and Midwifery Commission Act, 2023 which came into force in 2024, an NNMC was supposed to replace the Indian Nursing Council when it came to regulating nursing and midwifery education, training and professional practice in India.
However, since the NNMC was yet to be constituted, the Indian Nursing Council continues to discharge those functions despite a law providing for the former to replace it.
The IPNA stated that the delay in constitution of NNMC was arbitrary and discriminatory since regulatory commissions for other healthcare professionals have been constituted. In this regard, the IPNA pointed out that National Dental Commission, National Medical Commission, National Commission for Indian System of Medicine and National Commission for Homoeopathy have already been constituted by the government.
IPNA's Submission Before Court
“Selective exclusion of Nursing Profession, which constitutes over 70% of the healthcare workforce is arbitrary, discriminatory and violative of Articles 14 and 21 of the Constitution of India,” the IPNA stated.
The IPNA further stated that though government had invited applications from members for appointment to the NNMC in 2024, the appointments were yet to be finalised and the commission yet to be set up.
The IPNA therefore prayed for the High Court to intervene and direct the government to take appropriate action to set up NNMC. The Court has now directed Centre to decide on the plea within two months. INPA was given liberty to re- approach the Court if their grievances are not heard.
Advocates Appearing Before The Court
Advocate Robin Raju appeared for IPNA.
Ms Manisha Agrawal Narain, standing counsel for central government and Manisha Agrawal Narain with government panel counsel Harshit Joshi and advocates Nipun Jain and Deepender Banger appeared for the Centre.
Advocate VSR Krishna appeared for the Nursing Council.
