Today, On 12th August, The Supreme Court expressed serious concern over the rapid proliferation of medical institutes across the country. The Court emphasized the need for regulation and directed the Ministry of Health and Family Welfare to hold an online meeting with State authorities within two weeks.
New Delhi: The Supreme Court on Monday ordered the Union and State governments to implement the National Commission for Allied and Healthcare Professions Act, 2021 (NCAHP Act) by October 12.
A Bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, expressed strong disapproval that the law, enacted in May 2021, yet to be fully enforced.
Read Also: CJI Chandrachud: “AI to Categorise Cases in Supreme Court Shortly”
The Court observed,
“The Act became effective on May 25, 2021. The petition indicates that most of the Act’s provisions remain unimplemented. This court issued notice on September 23, 2023. Out of all states and Union Territories, only 14 states have established State Councils, and it has been noted that these councils are not operational,”
The Court also highlighted concerns over the rapid increase in institutions offering health and medical education, stating that the legislation was intended to address this issue.
The Court remarked,
“The proliferation of these institutes is a significant concern, and the parliamentary legislation was designed to establish a framework to curb this expansion. Despite three years having passed, the Union and States have not fulfilled their obligations,”
The Supreme Court expressed frustration with the Central government for delaying its response to a plea concerning the non-implementation of the National Commission for Allied and Healthcare Professions Act, 2021.
The Court remarked,
“No counter-affidavit has been filed by the Union government. The Additional Solicitor General now states that it will be filed within two weeks. We find no justification for this delay and no reason for the failure to implement the parliamentary legislation,”
Although the Court issued notice on the petition in September 2023, it noted that the provisions of the Act remain unimplemented.
As a result, the Court directed the Ministry of Health and Family Welfare to hold an online meeting with State authorities within two weeks to establish a plan for implementing the Act.
The Court ordered,
“We direct that the Union and States must, by or before October 12, 2024, take necessary steps to implement the provisions of the National Commission for Allied & Healthcare Professions Act, 2021. The Secretary of the Ministry of Health and Family Welfare shall, within two weeks, convene an online meeting with all state health secretaries to formulate a roadmap consistent with the Act,”
The Supreme Court instructed all States to submit compliance reports to the Secretary of Health and Family Welfare, with the Union Ministry responsible for compiling these reports and presenting them in Court before the next hearing.
The Court also issued a warning that failure to comply could result in coercive measures.
The case before the Court involved a plea seeking the establishment of State councils following the Central government’s formulation of rules and regulations. These councils are intended to discharge various functions, including the creation of autonomous bodies and allied health colleges.
The plea argued that the non-implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act allowed sub-standard institutions to offer allied health and education services across India. It also highlighted the lack of uniform professional qualifications required for entry-level positions in various allied healthcare professions, as well as the absence of clear guidelines on the scope of practices in these fields, which severely compromises healthcare services nationwide.
Previously, the Court issued notices to the Union and State governments in response to this plea.
During the hearing, Additional Solicitor General Vikramjit Banerjee requested additional time to file the response. In response, Chief Justice DY Chandrachud pointed out,
“Notice was issued in September 2023… what have you done so far… we now have to issue directions to ensure the Act’s implementation.”
The NCAHP Act establishes a regulatory framework and State-level councils for all allied healthcare professions that were previously not governed by other regulatory bodies such as the National Medical Commission, Dental Council of India, Indian Nursing Council, or Pharmacy Council of India Acts.
Read Also: CJI Chandrachud: “Five Minutes, Once Every 5 Years, For Our Nation”
These healthcare professions and professionals encompass:
- Medical laboratory and life sciences;
- Trauma, burn care, and surgical/anesthesia-related technology;
- Physiotherapy;
- Nutrition science;
- Optometry;
- Occupational therapy;
- Community care and behavioural health sciences;
- Medical radiology, imaging, and therapeutic technology;
- Medical technologists and physician associates; and
- Health information management and health informatics professionals.
The petition filed by advocate Joby P Varghese. Senior Advocate Gopal Sankaranarayanan, along with advocates Varghese and Upmanyu Sharma, represented the petitioner association in court.