Delhi High Court tells Centre to decide plea to set up National Nursing and Midwifery Commission

The Delhi High Court has directed the Central government to decide within two months a plea seeking the constitution of the National Nursing and Midwifery Commission (NNMC) [Indian Professional Nurses Association (IPNA) Vs Union of India & Anr].

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 within two months.

“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,” the Court said.

The IPNA is a 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 the 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 these functions, even though a law provides for its replacement.

The IPNA stated that the delay in the constitution of NNMC was arbitrary and discriminatory since regulatory commissions for other healthcare professionals have already been constituted. In this regard, the IPNA pointed out that the 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.

"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 the government had invited applications for appointment of the members of NNMC in 2024, the appointments were yet to be finalised and the commission yet to be constituted.

The IPNA, therefore, urged the High Court to intervene and direct the government to do the needful to set up the NNMC.

The Court has now asked the Central government to decide on the matter within two months. IPNA was also given liberty to re-approach the Court if their grievances are not addressed.

Advocate Robin Raju appeared for IPNA.

Central government standing counsel Manisha Agrawal Narain, government panel counsel Harshit Joshi with advocates Nipun Jain and Deepender Banger appeared for the Centre.

Advocate VSR Krishna appeared for the Nursing Council.

[Read order]