Police duty-bound to provide protection ensuring fundamental rights under Articles 19 and 21 during strikes obstructing hospital access.

JUDGMENT

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reliefs:

a) Issue a writ of mandamus or other appropriate writ or order directing respondents 2 to 4 to provide adequate and effective protection for the smooth functioning of the petitioner’s establishment, Jubilee Mission Medical College and Research Institute, without let, interference or obstruction at the hands of the

1st respondent, its supporters and sympathizers, b) A declaration that the 1st respondent, its members, supporters and sympathizers have no right to obstruct or blockade the functioning of the petitioner’s establishment by squatting on the pavement in front of the Hospital compound and shouting slogans.

2. The petitioner herein is Jubilee Mission Medical College &

Research Institute, Thrissur. The said hospital is a super speciality institution providing critical care and life saving treatment to the patients. The learned counsel for the petitioner has pointed out that a section of Nurses affiliated to the 1st respondent, Kerala State United Nurses Association, have resorted to strike since 07.04.2026, demanding hike in their wages, despite issuance of Ext.P2 notification under the Code on Wages proposing enhancement. It is further pointed out that by Ext.P3 order of this Court, there is a positive direction to the police to ensure that the functions of the hospitals are not to be disrupted due to the strike. Therefore, the petitioner seeks a direction to the respondents 2 to 4 to ensure sufficient protection for the ingress and egress of the doctors, patients, staff as well as ambulances.

3. Heard.

4. I have carefully considered the submissions advanced and perused the records. The right to life and liberty of the individuals are to be protected by the law enforcing agency with utmost care and caution. The Police is duty bound to protect the fundamental rights guaranteed under Article 19 and 21 of the Constitution of India.

5. According to the learned counsel for the petitioner, despite the filing of Ext.P5 representation seeking the Police Protection, there is no positive response from the Police Officials.

Considering the facts and circumstances of this case, I am of the view that this Writ Petition can be disposed of with a direction to the official respondent to ensure necessary, adequate and effective Police Protection to the petitioner.

The Writ Petition is disposed of.