New Delhi: The Supreme Court on Friday issued notice on a PIL for implementation of the National Commission for Allied and Healthcare Professions Act, 2021, as well as the establishment of the respective Professional Councils and State Allied and Healthcare Councils, as mandated by Section 22(1) of the Act.
A bench led by Chief Justice of India DY Chandrachud termed the matter an important issue and sought a response from the Centre and the State governments. The bench, also comprising justices JB Pardiwala and Justice Manoj Misra, issued notice and asked the Attorney General to depute any additional solicitor general to assist this court since the petition relates 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. 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.
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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.
The plea said the National Commission for Allied and 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 every six months and there have been five such extensions till date. That the last of such extensions was given vide order dated 18.05.2023 whereby it has been clarified that the State Governments/Union Territories shall within 2 years and 6 months from the date of commencement of the NCAHP Act, constitute State Allied and Healthcare Councils, i.e., on or before 25.11.2023”, said the plea.
