Plea seeks Implementation of National Commission for Allied and Healthcare Professions Act, SC issues notice

New Delhi: While considering a Public Interest Litigation (PIL) seeking implementation of the National Commission for Allied & Healthcare Professions Act, 2021, the Supreme Court bench termed it as an important issue and issued notice in the matter.

Filed by the Joint Forum Of Medical Technologists Of India (JFMTI), the plea specifically prayed for the establishment of the respective Profesional Councils and State Allief & Healthcare Councils, as mandated by Section 22(1) of the NCAHP Act, 2021.

Issuing notice in the matter on Friday, the Supreme Court bench comprising Chief Justice D.Y Chandrachud, Justice J.B.Pardiwala and Justice Manoj Misra sought the response from the Union Government and the respective State Governments/Union Territories.

The bench mentioned in the order dated 22.09.2023, "Issue notice, returnable in three weeks. Liberty to serve the Central Agency, in addition. We request the Attorney General for India to depute any Additional Solicitor General to assist this Court since the petition relates to the non-compliance with the provisions of the National Commission for Allied and Healthcare Professions Act 2021. Liberty to serve the Standing Counsel for the States/UTs."

In order to regulate and standardize the allied healthcare sector in India, the petitioner association has demanded an urgent implementation of the NCAHP Act. 

Referring to the fact that the NCAHP Act came into force on May 25, 2021, the petitioner Forum submitted that even after two years, its provisions have not been implemented.

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The petitioner asserted that according to the initial timeline, the respective State Councils should have been set up within six months. Further, the Forum referred to the fact that the Central Government repeatedly extended the timeline for its implementation, with five such extensions granted to date.

As per the latest media report Verdictum, the PIL stated, "Despite being a major support pillar of the healthcare sector, there has not been any council in the Country for the Allied and Healthcare Professionals that would establish a robust regulatory framework, which will play the role of a standard setter and regulator for Allied Healthcare, and Professionals in the Country."

The Forum further highlighted the fact that even though steps were being taken to regulate the allied healthcare sector, several institutes started mushrooming across the Country giving out diplomas and certificate courses to students without having any regulatory control or teaching pattern in the allied healthcare sector.

Therefore, through the PIL, the Forum has prayed to the Court to ensure that the Act gets implemented in letter and spirit and stated that the World Health Organization projects a demand for 1.5 crore allied health professionals globally in the coming years, offering significant opportunities for employment. However, the Forum pointed out that absence of standardization and mutual recognition of qualifications internationally due to the lack of a regulatory council serves as a deterrent.

Further, the Forum mentioned that absence of an institutional framework to certify degrees and diplomas from recognized institutes results in a hurdle for job opportunities in India. Therefore, the requirement to standardize the syllabi, curricula, teaching staff and institutes became evident and it lef to the proposal for setting up a council to set standards for previously unregulated categories.

"Health workforce in Indian healthcare system has been defined with focus limited to few cadres such as doctors, nurses and frontline workers, wherein, several other healthcare professionals being the Allied Health professionals remained unidentified, unregulated and underutilized over these years. The persistent demand for a regulatory framework to ensure appropriate regulation and standardization of such professions has been seen for several decades," stated the PIL.

Apart from this, the Forum has also pointed out that till now the Central Government has not even created a website for the National Commission. Apaty from the implementation and availability of the State Councils, the PIL further sought to set up procedures for the registration and licensing of Allied and Healthcare Professionals, as per the NCAHP Act.