Laws Relating to Nursing in India: A Medico-Legal Study

Abstract

Nursing plays an important role in health sciences. Jurist Prof. C.P. Sheoran says, "Every Profession has their supreme value and both doctors with nursing assistant play their important role in welfare of humanity."

Hukam Singh Yadav (Principal, Smt. Shanti Devi School of Nursing, Rewari) also assert that Nursing is also important in maintaining health standards, each profession is necessary and no one can be considered as high profession or low profession as every profession is independent from other in their entity. It may be said that every profession is related to other. But some consider it as assisting profession and it is of low standard from the other. It is not true and only nurses and persons related with this profession are responsible for the prevailing situation and with more hard work (striving for excellence) can raise the standard of the profession. In India INC (Indian Nursing Council) regulate the nursing education and for this purpose Indian Nursing Council, 1947 act has been passed. Provisions have been also inserted for regulation of State Nursing Councils. Indian Nursing Council Act, 1947 contains 17 sections. Nurses are expected to do their job with absolute liability and there are tortuous as well as criminal liability arises when any mistake occurs and even it is expected that they may not commit any mistake inadvertently and extra care by them is expected as compare to the ordinary persons. The main aim of Indian Nursing council is to maintain the standard and up to much extent we are striving to maintain the standard.

The Act is not exhaustive and there must be some strong provisions for the augmentation of the standard of nursing profession with the help/ recommendation of Law Commission of India (LCI). For this purpose LCI will work on the same and produce its report before Parliament and study the world/ Universal/ foreign laws relating to Nurses. It is the need of hour to appoint LCI for this task or it is to be recommended by apex courts or representatives of the society.

Keywords: nursing, India, law relating to nursing