SC sets two-month deadline to implement Allied and Healthcare Professions Act, 2021
The court warned that failure to comply with the directive could result in coercive measures against the non-compliant parties.
The Supreme Court on Monday issued a stern directive to the Centre and state governments, giving them two months to effectively implement the National Commission for Allied & Healthcare Professions Act (NCAHP), 2021.
The court order included the establishment of the respective professional councils and state allied and healthcare councils to effectuate the central law, which provides a regulatory mechanism to streamline the education and practice of allied healthcare professionals, such as technicians, therapists and duty assistants, in the country.
Emphasising the urgency of putting the statutory and regulatory framework in place by October 15, the SC bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, expressed deep concern over the lax implementation of the 2021 law even after the court issued a notice on the matter in September 2023.
“The Act came into force on May 25, 2021. It is stated in the plea that most of the provisions have not been implemented. Notice was issued by this court on Sept 23, 2023. Out of all states and UTs, only 14 states have constituted state councils. It has been urged that the above state councils are also not functional,” noted the bench, also comprising justices JB Pardiwala and Manoj Misra.
Lamenting the state of affairs, the order added, “The proliferation of these institutes is a serious matter of concern, and the parliamentary legislation was to provide a legislative framework to prevent such proliferation. Even after three years the Union and states have failed to discharge their responsibility.”
The bench directed the Union ministry of health to convene an online meeting with the concerned secretaries of the states within the next two weeks to expedite the process, while warning that failure to comply with this directive could result in coercive measures against the non-compliant parties.
“We direct that the Union and states shall on or before October 15, 2024, take steps to implement the provisions of National Commission for Allied & Healthcare Professions Act, 2021. The Secretary in the Union ministry of health and family welfare shall within 2 weeks convene an online meeting of all the state secretaries in health ministries and devise a roadmap consistent with the Act,” directed the bench.
The directive came in response to a public interest litigation filed (PIL) by the Joint Forum of Medical Technologists of India (JFMTI), represented by advocates Joby P Varghese and Upamanyu Sharma. The PIL called for the urgent implementation of the 2021 Act to regulate and standardise the allied healthcare sector in India, thereby ensuring better quality healthcare services and education.
Contending that the provisions of the Act remain largely unimplemented till date, the petition pointed out that the original timeline required state councils to be constituted within six months of the Act’s commencement. Instead, the central government has repeatedly extended the implementation timeline, with five such extensions granted to date, the plea complained.
The PIL highlighted the critical role of allied and healthcare professionals in the healthcare sector, noting the absence of a dedicated council in the country to regulate and set standards for these professions. The lack of regulation, it added, has led to a proliferation of institutes offering diplomas and certificate courses without any standardised curricula or teaching methods.