Ensure proper implementation of National Commission for Allied and Healthcare Professions Act or face coercive action: SC deadline to Centre, States

Kolkata: Expressing concerns about the growing number of unregulated institutes in the healthcare sector, the Supreme Court recently directed the Union and State Governments to ensure that the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021 was implemented within 2 months.

The Union Health Ministry has been directed by the Court to convene an online meeting with all the State Secretaries of the Ministry of Health and Family Welfare to chalk-out a road map within 2 weeks to implement the NCAHP Act 2021.

While considering a plea seeking the implementation of the NCAHP Act 2021, the Apex Court bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra took note of the fact that despite the Act being in force for almost 4 years, many of its provisions had still not been implemented. 

The CJI further observed that out of the 28 States/Union Territories, only 14 set up the State Councils and even those councils were not functioning properly.

Expressing concerns regarding the increasing number of unregulated healthcare institutes, the top court bench stressed that the NCAHP Act was meant to create a legal framework to control this growth, further noting that both the Union and State Governments failed to fulfil their duties in the three years since the Act was passed.

"We direct - (1) Union and States within 2 months take necessary steps to implement the Act; (2) The Health Ministry shall within 2 weeks convene online meeting of all the secretaries of State For Heath and Family Welfare to lay down roadmap to implement the Acts; (3) infrastructure is set up by all states and provisions are made functional not only in letter and spirit," ordered the Court.

Also Read: Centre gives more time to states for form State Councils for allied healthcare

Thus, Concerned over non-implementation of a 2021 central law on allied professions in the field of health care, the Supreme Court asked the Centre, states and the UTs to ensure compliance of the Act by October 12 or be ready to face coercive action.

Former MoS Health Dr. Bharati Pravin Pawar had previously informed the Parliament that the Central Government enacted the NCAHP Act on 28th March 2021 to regulate the education and services of the allied and healthcare professionals, assessment and rating of all allied and healthcare institutions to ensure uniform standards and quality assurance, maintenance of live National and State Registers for registration of all allied and healthcare professionals.

The Act provides for the constitution of the National Commission for Allied and Healthcare Professions (NCAHP) and the functions of the Commission includes creation and maintenance an online and live Central Register with details of academic qualifications institutions, training, skills and competencies of Allied and Healthcare professionals related to their professions as specified in the Schedule.

Last year, the Joint Forum of Medical Technologists of India (JFMTI) filed a plea before the Supreme Court praying for the establishment of the respective Professional Councils and State Allief & Healthcare Councils, as mandated by Section 22(1) of the NCAHP Act, 2021.

Referring to the fact that the NCAHP Act came into force on May 25, 2021, the petitioner Forum had submitted that even after two years, its provisions had not been implemented. In its plea before the top court bench, the Forum had demanded to regulate and standardize the allied healthcare sector in India.

Pointing out that according to the initial timeline, the respective State Councils should have been set up within six months, the Forum had highlighted that the Central Government repeatedly extended the timeline for its implementation.

Medical Dialogues had earlier reported that last year also, providing major relief to various State Governments that had not yet established their State Councils for allied healthcare professions, the Centre had given them a two-and-a-half-year extension to form the same.

As per the latest media report by Live Law, while considering the Forum's plea on Monday, the Supreme Court bench observed,

  "Though this court entertained the petition in September 2023, the fact remains that provisions of the act are still not implemented. The proliferation of the illegal allied health care educational institutions and bodies is matter of serious concern."

"The parliamentary legislation was intended to provide a legislative framework to protect the public interest against the proliferation of illegal institutional bodies. Despite the passage of three years, both the Union Government and the State Governments have completely failed to discharge their statutory responsibilities," it further noted.

Regarding the plea seeking implementation of Section 22(1) that provides for the establishment of professional councils and State allied and healthcare councils, the bench issued the following directions to rectify the concerns:

(1) The Court has ordered that the Union and State Governments must ensure the implementation of the Act within two months

(2) The Health Ministry has been directed to hold an online meeting with all State Family Welfare Secretaries within two weeks to create a plan for implementing the Act

(3) All states must set up the required infrastructure and make the Act's provisions work in both letter and spirit.

The Apex Court bench has also directed all the States and Union Territories to submit a compliance report in a compiled, tabled format for the next hearing. Meanwhile, the bench has granted two weeks to the Additional Solicitor General (ASG) Vikramjit Banerjee appearing for the Union to file a counter-affidavit. Further, the CJI also allowed the Chairperson of the National Commission to be included in future proceedings.

Also Read: Centre gives more time to states for form State Councils for allied healthcare