The Supreme Court has instructed the Union Health Ministry to urgently coordinate with state governments for the implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021, which has seen significant delays since its enactment. The directive was issued by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra during a hearing on a Public Interest Litigation (PIL) that highlighted the failure to enforce the Act’s provisions.
Despite being in force for over three years, the NCAHP Act, designed to regulate the allied healthcare sector, has seen minimal implementation. Out of 28 states and union territories, only 14 have established the required state councils, and many of these are not yet operational. The Court expressed serious concern over the proliferation of unregulated institutions in the healthcare sector, which the Act was intended to curb.
The Court’s order outlined several critical directives:
- The Union and state governments must implement the Act within two months.
- The Union Health Ministry is required to convene an online meeting with all state health and family welfare secretaries within two weeks to develop a roadmap for implementation.
- All states must establish the necessary infrastructure to ensure the Act’s provisions are operational in both letter and spirit.
The Court also directed that a compiled compliance report be submitted by all states and union territories before the next hearing. Additionally, the chairperson of the National Commission is to be included in future proceedings.
Background:
The PIL was filed by the Joint Forum of Medical Technologists of India (JFMTI), which pointed out that despite the NCAHP Act being in effect since May 25, 2021, its provisions have not been implemented. The petitioners highlighted that the initial timeline required the formation of state councils within six months, but the Central Government has granted five extensions, delaying the process.
The PIL emphasised the urgent need for an institutional framework to certify degrees and diplomas from recognized institutions, which is critical for job opportunities and the standardisation of curricula, syllabi, and teaching standards in previously unregulated healthcare sectors. A similar plea was filed in 2021, advocating for the Act’s implementation to help the public, particularly in rural areas, distinguish between qualified medical practitioners and unlicensed individuals.
The Supreme Court’s directive underscores the need for swift action to establish a robust regulatory framework in the allied healthcare sector.
