The Supreme Court of India expressed its concern on Monday regarding the non-implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021, and has directed the Centre, states, and union territories (UTs) to ensure its full implementation by October 12, 2024. Failure to comply could lead to coercive action, the court warned.
During a hearing of a Public Interest Litigation (PIL) filed by the Joint Forum of Medical Technologists of India (JFMTI), the bench, including Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, expressed dissatisfaction with the slow progress in establishing the required regulatory frameworks under the Act. The law, which came into effect on May 25, 2021, mandates the formation of regulatory bodies and state-level councils for all allied healthcare professions not previously covered by existing bodies like the National Medical Commission and the Dental Council of India.
The Act is aimed at “regulation and maintenance of standards of education and services by allied and healthcare professionals,” including those in fields such as medical laboratory sciences, physiotherapy, trauma care, and more. It also requires the maintenance of a Central Register and State Registers for these professions.
Despite the legislation’s intentions, implementation has been sluggish. According to the Supreme Court, only 14 states have established the requisite state councils, and these are not fully operational. The proliferation of unregulated institutions offering training in these critical areas has raised significant concerns, prompting this legislative effort to standardize and regulate the sector.
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The Court has ordered the Union Ministry of Health and Family Welfare (MoHFW) to convene an online meeting with health secretaries from all states within two weeks to draft a roadmap for the Act’s implementation. All states and UTs are required to submit compliance reports in a tabular format to the secretary of the MoHFW before the next hearing.
