SC seeks Centre, states' response on plea to implement National Commission for Allied & Healthcare Professions Act

The Supreme Court Friday issued notice to the Centre and others on a PIL for implementation of the National Commission for Allied & Healthcare Professions Act, 2021, as well as the establishment of the respective Professional Councils and State Allied and Healthcare Councils, in order regulate allied healthcare workers. A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra called the issue as an important one and sought response from the Centre and the state governments.

The bench asked the Attorney General to depute any Additional Solicitor General to assist the court.

It noted the petition related to non-compliance with the provisions of the National Commission for Allied & Healthcare Professions Act, 2021.

The plea has been filed by the Joint Forum of Medical Technologists of India (JFMTI) through the advocate-on-record Joby P Varghese assisted by Advocate Upamanyu Sharma.

It contended that allied health professionals include individuals involved with the delivery of health or healthcare related services with qualification and competence in diagnostic, therapeutic, curative, preventive and/or rehabilitative interventions. 

However, historically, India has leaned towards a ‘doctor-centered’ healthcare delivery, with very little attention paid to specialisation in allied health sciences, it said. 

"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 plea contended.

It pointed out the National Commission for Allied & Healthcare Professions (NCAHP) Act came into force in May 2021. 

However, even after two years, its provisions have not been implemented. 

“Instead of implementing the provisions of the NCAHP Act, the central government has extended the timeline for implementation of the said provisions of the NCAHP Act after every six months and there have been five such extensions till date," it said.

The last of such extensions was given on May 18, 2023 whereby it has been clarified that the State Governments/Union Territories should within two years and six months from the date of commencement of the NCAHP Act, constitute State Allied and Healthcare Councils, i.e., on or before November 25, 2023, the plea stated.