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Nurses and Their Legal Framework: Rights, Duties, and Developments 

Adv. A. S. Mulla
October 29, 2025
lifeandlaw 29.10.25

Nurses play an important role in healthcare, working tirelessly to safeguard patients’ health and give treatment. Their dedication is a critical foundation of the broader health system, as seen during the COVID-19 pandemic, which highlighted the hazards they endure and the value of their service. Despite their critical role, nurses’ rights, responsibilities, and legal protections are largely unknown.

Various laws govern issues such as working hours, safety, fair pay, mental health, harassment prevention, and job conditions. In recent years, important law revisions have improved these safeguards, guaranteeing a safer and more equal work environment for nurses.

Rights of Nurses

  1. Right to Workplace Safety.
    Nurses are entitled to a safe and healthy work environment. Patient care involves hazards such as infectious diseases, chemical exposure, and accidents, thus access to personal protective equipment (PPE), sterilisation tools, and emergency support is critical. Legal protections such as the Occupational Safety, Health, and Working Conditions Code, 2020, and the Health Service Employee Protection Act, 2020, are critical to guaranteeing nurse workplace safety.
  2. Right to a fair salary and respect.
    Nurses’ hard and service-oriented work requires suitable compensation, including minimum wage and overtime pay. Equal remuneration for equal effort is legally required in order to recognise their contributions. These rights are guaranteed under the Minimum Wage Act of 1948, the Payment of Wages Act of 1936, and the Equal Remuneration Act of 1976. Proper compensation and recognition increase motivation and recognise the importance of nursing services.
  3. Right to Reasonable Work Hours
    Nurses are entitled to set working hours, proper relaxation, and leave. To avoid burnout, persons working in high-stress workplaces require adequate relaxation intervals, weekly days off, and pay for extra work (overtime). The Factories Act of 1948 and the Occupational Safety, Health, and Working Conditions Code of 2020 establish explicit standards for work hours and leave entitlements.

     4. Right to be protected from harassment and violence.
    Nurses are legally protected from physical, emotional, and sexual harassment while providing patient care. Harassment, abusive behaviour, or physical harm by coworkers, patients, or family members is strictly prohibited. The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, plays an important role in protecting nurses from workplace harassment.
  4. Right to health insurance and welfare schemes.
    Nurses are entitled to schemes that provide financial and social security for themselves and their families. These include health insurance, maternity benefits, accident insurance, retirement pension plans, and the Provident Fund (PF). The Employees’ State Insurance Act of 1948, the Maternity Benefit Act of 1961, and the Employees’ Provident Fund and Miscellaneous Provisions Act of 1952 all give legal protection for these rights.

Duties of Nurses

  1. Duty of Care.
    Nurses’ major role is to care for patients’ health and be diligent in their treatment. They must comprehend each patient’s situation and offer appropriate medical treatment and services. Professionalism, ethics, and dedication are critical for patient safety. Neglecting this duty may result in legal implications for medical negligence.
  2. Duty of Confidentiality
    Maintaining the confidentiality of patients’ personal and medical information is an important responsibility. It may be illegal to disclose health-related information without the patient’s consent. The Information Technology Act of 2000 (IT Act of 2000) likewise endorses this protection.
  3. Duty to Respect Patients’ RightsPatients have the right to make an educated decision regarding their treatment. Nurses must avoid performing medical operations without the patient’s consent and show respect for their dignity, autonomy, and choices.
  4.  Duty of Documentation and Reporting
    Nurses must keep clear, accurate, and timely records of patient care, including prescriptions, condition updates, and emergencies. Proper documentation prevents legal difficulties and assures accountability.
  5.  Duty to Follow the Code of Ethics
    The Indian Nursing Council’s professional code of ethics applies to all nurses. This includes being honest, respectful, and fair to patients, coworkers, and society, as well as demonstrating integrity and accountability in professional conduct.

Recent Legal Developments

  1. The Epidemic Diseases Amendment Act of 2020
    The COVID-19 outbreak resulted in an increase in violence and harassment against healthcare personnel. In response, the Indian government modified the law in 2020 to impose harsh penalties for violence against physicians, nurses, and other healthcare professionals. Convicts may face imprisonment and fines, with extreme crimes garnering up to 7 years of incarceration.
  2. The Occupational Safety, Health, and Working Conditions Code, 2020
    This rule ensures a safe and healthy workplace, particularly for nurses. It contains provisions for safety equipment, rest breaks, health screenings, emergency facilities, regulated working hours, and streamlined maternity benefits, which improves both safety and welfare.
  3. The Indian Nursing Council updated its code of ethics and professional standards.
    The Indian Nursing Council has modified its professional code of conduct, emphasising patient confidentiality, consent-based care, ongoing professional skill development, and compliance with international norms. Nurses are legally mandated to update their knowledge and skills.
  4.  Equal pay and Women’s Safety
    Judicial decisions and policy clarifications have improved equal pay and workplace safety for women. Measures are being implemented to guarantee that nurses are paid the same as their male counterparts and are safeguarded from sexual harassment, thereby fostering fairness and workplace decency.

Conclusion

Nurses’ rights and duties are critical to providing safe and effective healthcare. They are entitled to a safe working environment, fair remuneration, enough rest, and overtime compensation, as well as the responsibility to safeguard patient confidentiality, respect patient rights, and adhere to professional ethical standards.

Recent legal improvements, such as the Health Service Employee Protection Act and the Occupational Safety, Health, and Working Conditions Code, have improved nurse safety and welfare. Through his legal insights on www.asmlegalservices.in and  www.lifeandlaw.in, Adv. Abdul Mulla emphasises these safeguards and their implications on professional nurses.

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