SC Seeks Responses on Implementation of Healthcare Professions Act

The Supreme Court recently sought the response from the Attorney General for India R. Venkataramani, as well as all States and Union Territories, in a plea seeking the enforcement of the National Commission for Allied and Healthcare Professions Act, 2021 (NCAHP Act).

A bench comprising Chief Justice of India DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, has issued notice returnable in three weeks. The petition before the Court expresses concern that the non-implementation of the NCAHP Act allows substandard institutions to provide allied health and education services in India.

The plea also notes that there is a lack of consistency in the professional qualifications required for entry-level positions in various allied healthcare professions. Additionally, there is a lack of clarity regarding the scope of practices in various allied health fields, which significantly impacts healthcare services throughout the country.

The NCAHP Act establishes a regulatory body and State-level councils for all allied healthcare professions that were not previously governed by the National Medical Commission, Dental Council of India, Indian Nursing Council, or Pharmacy Council of India Acts.

The petition further alleges a discriminatory and biased approach by the government towards healthcare professionals in this regard. “Even after acquiring the desired professional qualifications, their right and scope of practice has been snatched away due to the absence of statute, while on the other side, similar health professionals like Doctors, Pharmacists, Dentists, Nurses, etc., enjoy the freedom of independent practice in their profession due to the existence of their respective councils,” the plea states.

The poor quality of allied health education, which includes life-saving skills, directly impacts the quality of healthcare services, according to the plea.

“It should not be considered merely as an industry for job creation like other service sectors by introducing very short certificate programs in healthcare,” the plea emphasizes.