Nursing Council's new registration system for nurses "pure violation of privacy": Nurses Association moves Kerala High Court

A recent Central government policy that requires nurses to provide their personal information to a "private-body" for enrollment and registration is in violation of right to privacy, a plea filed before the Kerala High Court challenging the same has alleged. .The petitioner, United Nurses Association (through its President Jasminsha M), a Kerala-based association for nursing professionals, has also challenged the registration policy prescribed by the Indian government for nurses as per which a nurse can work only in the particular State in which he or she is registered..The petition filed through Advocates Sriram Parakkat, KR Sripathi and Anupama Subramanian avers that the Nurses Registration and Tracking System (NRTS) introduced by the Indian Nursing Council is violative of the nurses' right to privacy. It set outs the twofold grievance thus: ."Firstly, there is no single registration of nurses in India. Due to this, Nurses are not free to work all over India. Secondly, what appears to purportedly solve this problem is a notification which is neither a solution nor desirable but a pure violation of privacy.".The new system under challenge was introduced on November 6, 2020, by the Secretary of the Indian Nursing Council. It requires nurses to provide personal identification details such as email IDs, mobile number, Aadhaar authentication, and photographs to the Council..The specific grievance raised by the petitioner concerns the authorisation of a third-party body, M/s FINO Paytech, to collect this data.."There is a reasonable expectation on the part of every citizen that the State will serve as guardian and protector of their rights and that except in exceptional circumstances, the right shall not be infringed, at least not by a private authority with the aid of state," the plea states..The State is expected to be a protector of its citizens' rights, the plea underscores, and a citizen's right cannot be infringed by a private authority acting at the State's behest, it is said..Asserting that allowing a third party to collect data is violative of the right to privacy, the petition seeks a less privacy-intrusive alternative to the one proposed..The second grievance raised by the Association relates to the mandate for State-specific registration of nurses. .As explained in the petitition,"The provision contained in section 10 and 11 of the Indian Nurses Council Act,1947 indicates that the eligibility criteria to work as nurse in two different States of India is similar but for the separate State-wise registration. However, each State in India practices a registration policy that allows a duly qualified nurse to practice in the respective state only after a separate registration in the particular State council.".Having such a policy of State-specific registration of nurses hampers their right to move and work in a State of their choice, the petition avers. .It has been submitted that despite the proposals to repeal the Indian Nursing Council Act, 1947 and introduce the National Nursing and Midwifery Commission Bill, 2020, the issue of State-specific registration requirements has not been addressed, the petitioner-body submits.."Burdening the health workers of comprehensive and callous administrative policies & procedures that also pose threat to their privacy will force the young and potential health workers leave their own land in search of better and safe opportunities," the plea adds..The petitioner has, therefore, prayed for quashing the November 6 notification and laying down a uniform national registration scheme that is not likely to hurt the privacy of nurses and which would ensure their right to freely move and work.