New Delhi, Apr 25 (PTI) The Delhi High Court on Friday sought responses from the Centre and AIIMS on a plea filed by nurses’ associations seeking implementation of a spousal transfer policy saying its absence was discriminatory against women.

Justice Sachin Datta issued notice to the Centre and All India Institute of Medical Sciences (AIIMS) Delhi, Bhopal, Bhubaneswar, Patna and other places, and asked them to file their replies.

The petitioners before the court were All India Government Nurses Federation; Nursing Professional Development Association, AIIMS Rishikesh; AIIMS Patna Nurses Union and Manglagiri AIIMS Nursing Officer’s Association.

Senior counsel Vibha Datta Makhija appearing for the petitioners said the petition concerned the nurses’ right to family and there was a “vacuum” on the issue of transfer on spousal grounds as there were no existing rules for such transfer of employees of the health institutes.

The petitioners, also represented by lawyers Satya Sabharwal and Palak Bishnoi, sought transfers between two AIIMS hospitals; AIIMS and another institution of national importance; AIIMS and any institute under the Ministry of Health and welfare, and AIIMS and any institute under state government.

“By omission/non-implementation of DOPT OM(s) (Department of Personnel and Training office memorandums) on spousal grounds, it indirectly discriminates against women. Omission/non-implementation of DOPT OM(s) constitutes a highly regressive step that ignores the societal ground realities, and thus this is being violative of Articles 14, 15(1) and 16(1),” the plea said.

The plea argued absence of the transfer policy on spousal grounds by AIIMS resulted in “indirect discrimination against women” who were required to give up their employment opportunities being the “primary caregiver of a family” and it was therefore illegal, violative of the constitutional guarantee of non-discrimination under Article 14. The plea said the non-implementation was also violative of equal opportunity and gender equality under Articles 16 and 15 of the Constitution of India.

The matter would be heard next on July 30. PTI ADS ADS AMK AMK