New Delhi: The Supreme Court on Monday expressed its discontent saying that for three years both the Centre and many state governments have failed to discharge their statutory duties, while directing the Union Health Ministry to convene an online meeting with all the state secretaries of the family welfare to formulate a road map for implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021. The apex court said this exercise should be done within two weeks.
A three-judge bench led by Chief Justice of India DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra said that the petitioner’s grievance is that despite the Act came into existence three years ago, most of the provisions were not implemented. Noting that it issued notice on the plea filed by the Joint Forum of Medical Technologists of India (JFMTI) in September 2023, the bench said the fact remains that provisions of the Act are still not implemented and added that proliferation of the illegal allied healthcare educational institutions and bodies is a serious concern.
The bench noted that out of 28 states and Union Territories, only 14 states have constituted state councils and even these councils were not properly functioning. The apex court made these observations while hearing a plea seeking the implementation of the NCAHP Act 2021. The bench stressed that unregulated institutes’ in the health sector are growing and the NCAHP Act was meant to create a legal framework to control this growth.
The apex court both the Centre and the states have failed to fulfil their duties in the three years. The apex court said that within two months both Centre and states should take steps to implement the Act and the Union Health Ministry should hold an online meeting with all state family welfare secretaries within two weeks to create a plan for implementing the Act.
The bench directed all states to submit a compliance report for the next hearing and the Centre should file a counter-affidavit in two weeks. The plea 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.
The plea said historically, India has leaned towards a ‘doctor-centred’ healthcare delivery, with very little attention paid to specialisation in allied health sciences. “However, 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”, said the plea.
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