Nurses, especially working under the bond system are treated like slaves by various hospitals in India and the sufferings of nurses resemble the age-old concentration camps. They are treated not only like slaves but also made victims of almost all the treatment failures of hospitals. They are mentally tortured through intimidation and victimisation. Nurses are overburdened with unlimited hours of duties with low wages.There exist various violations of labour laws, human rights and various provisions of Indian Constitutional Law. Bond system is barbarous which prevents freedom of work, movement and labour. Nurses are held up in hospitals where bond system exists. A number of nurses have put an end to their life due to the cruel activities of the hospital authorities and a good number of nurses have run away from their profession itself leaving their original certificates with all their ambitions in life. Thus, nursing field has become a burial ground of a number of unnoticed martyrs.The case No. W.P.C. 2450/2011 and C.M. No. 5226/2011 before the Delhi High Court has originated from within the iron curtain of a famous accredited hospital in New Delhi. The cause of action of the case is the key to the refusal to give back the original certificate of the petitioner illegally kept by the hospital.The so-called bond system itself is illegal. The agreement or undertaking, whatever it may be, made between the dominant and the subordinate which has to be made at the time of admission of a bond staff is apparently an innocent procedure at the beginning. It is unilateral in effect and made under coercion and undue influence, when it is made between an employer and employee. Here the applicant is an aspirant for a job. This subordinate situation is utilised by the dominant under the pretext of an ‘agreement’ called bond. This illegal execution which forces the subordinate to sign in a printed form presented by the dominant lacks the essential ingredient of a contract - consensus ad idem. There is no free will in the execution. It is nothing but an abuse of the legal principle volenti non fit injuria. There is no ‘volens’ in the undertaking. The above mentioned illegal procedure is annexed with another illegal practice - demanding the original certificates to be kept in the custody of the hospital. Nurses are forced to surrender their original certificates which are very vital to them. Thus the noble profession of nursing is made a bonded labour. Bonded labour is the reason for the circular issued by Indian Nursing Council.Indian Nursing Council has power only to direct the hospitals who conduct nursing schools and colleges. They have no power over other hospitals where bond system is followed. Bond is bondage and bonded labour cannot be permitted in any establishment or any hospital in India. Government of India has to give clear direction to eradicate the illegal practice of bond system in all the hospitals in India. Nurses should not be tied up by illegal undertaking and by surrendering of their original certificates which are very vital to them.This illegal undertaking and surrender of original certificates become later the real weapon in the hands of the hospital.Torture starts. It includes extending of duty hours without limit, non-payment for additional work, intimidation, victimisation, punishment duties, denial of eligible leave, overburdening, denial of accepting resignation, denial of giving experience certificates etc...Thus, nursing becomes a cursing job. Bond system becomes the killer of a noble profession. Perhaps, it happens only in India. (The writer is a lawyer)
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