In a significant move, the Delhi High Court on Friday sought responses from the Central Government and several AIIMS branches across the country regarding a plea filed by various nurses’ associations. The plea advocates for the implementation of a spousal transfer policy, which the petitioners argue is currently lacking, leading to discrimination, particularly against women nurses.
Justice Sachin Datta issued notices to the Centre and All India Institute of Medical Sciences (AIIMS) institutions in Delhi, Bhopal, Bhubaneswar, Patna, among others, requesting them to submit their replies concerning the matter.
The plea was brought forth by several associations, including the All India Government Nurses Federation, Nursing Professional Development Association of AIIMS Rishikesh, AIIMS Patna Nurses Union, and Manglagiri AIIMS Nursing Officer’s Association.
Represented by senior counsel Vibha Datta Makhija, the petitioners highlighted the absence of a formal policy for spousal transfers within AIIMS and between other significant health institutes or state government institutions. According to Makhija, this omission results in a violation of the nurses’ rights to family life, disproportionately affecting female nurses who often serve as primary caregivers.
The legal team for the petitioners, including lawyers Satya Sabharwal and Palak Bishnoi, argued that the non-implementation of the Department of Personnel and Training’s office memorandums (DOPT OM) on spousal grounds indirectly discriminates against women. They claim it is a regressive oversight that disregards societal realities, violating Articles 14, 15(1), and 16(1) of the Indian Constitution, which ensure equality before the law, prohibition of discrimination, and equality of opportunity in matters of public employment, respectively.
The petition specifically points out that the lack of a spousal transfer policy at AIIMS leads to indirect discrimination against women by forcing them to relinquish their job opportunities due to familial caregiving responsibilities, thereby breaching the constitutional guarantees of non-discrimination and gender equality.
