The Supreme Court has issued a firm ultimatum to the Central Government, States, and Union Territories (UTs) to fully implement the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021, by October 12, 2024. The directive comes after the Court expressed dissatisfaction over the slow progress in enforcing the Act, which has been in force since May 25, 2021.

Despite the Act’s enactment three years ago, only 14 states and UTs have established the required state councils, a key mandate of the law. This has prompted the Apex Court to take a strong stance, threatening coercive measures if the necessary actions are not taken promptly.

The three-judge bench, led by Chief Justice of India DY Chandrachud, emphasized the critical need for a legislative framework to prevent the unchecked proliferation of illegal allied healthcare institutions. The bench pointed out that both the Union and state governments have failed to fulfill their statutory obligations, despite the Act being in place.

In response to a Public Interest Litigation (PIL) filed by the Joint Forum of Medical Technologists of India (JFMTI), the Court has directed the Health Ministry to convene an online meeting with all state health secretaries within two weeks to devise a clear roadmap for the Act’s implementation. This meeting aims to ensure that the provisions of the NCAHP Act are operationalized in both letter and spirit across the country.

The Court has set a deadline of October 12, 2024, for the full implementation of the Act and has mandated that all states and UTs submit compliance reports to the Ministry of Health and Family Welfare (MoHFW) before the next hearing. Failure to adhere to this deadline could result in coercive actions, the Court warned.

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The NCAHP Act was established to regulate and maintain the standards of education and services provided by allied and healthcare professionals. It also seeks to assess institutions and maintain central and state registers for these professions. The Act covers a wide array of healthcare professions, including medical laboratory sciences, physiotherapy, and trauma care, among others.

The Supreme Court’s order is seen as a significant step towards ensuring that the Act’s provisions are effectively implemented, thereby safeguarding public interest and enhancing the quality of allied healthcare services across India. The next hearing will closely monitor the progress made by the governments in fulfilling their obligations under the Act.

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