A bench headed by Chief Justice SH Kapadia, however, refused to issue notice on the petition filed by representative bodies of nurses, namely the Indian Professional Nurses Association, the Pravasi Legal Cell and the Malayali Nurses Welfare Association.
Senior advocate Colin Gonsalves highlighted the serious fundamental rights violation posed by the action of the private clinics and hospitals. In the absence of any law to tame these clinics, he alleged that the nurses were virtually under "bonded labour" since they cannot leave the job owing to their certificates being seized. Some hospitals demanded a sum of Rs 50000 to Rs one lakh for redeeming the certificates, he added.
The Court observed, "No doubt it's a social problem" but a solution was not in sight. Finding Additional Solicitor General (ASG) Gourab Banerjee sitting in Court, the bench requested the law officer to take instructions on whether the Centre could address the concerns of nurses by issuing a notification or circular.
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