Read Time: 07 minutes
Court has been told that even though the NCAHP Act was notified on March 28, 2021, not even a website for the National Commission has been created by the Central Government till date and it has taken extensions five times for the implementation of the Act in States citing a reason of COVID-19
The Supreme Court on Friday issued notice on a plea seeking implementation of the provisions of the National Commission for Allied & Healthcare Professions Act, 2021 (“NCAHP Act”).
A bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra issued notice returnable in three weeks and granted liberty to serve the states and UTs.
"We request the Attorney General for India to depute any Additional Solicitor General to assist this Court since the petition relates to the non-compliance with the provisions of the National Commission for Allied and Healthcare Professions Act 2021", court has further ordered.
Arguing that Allied Health Professionals (AHPs) play a very vital role in successful treatment delivery, the petition states that the non-implementation of the NCAHP Act is violative of Fundamental Right to practice any profession or carry out any occupation guaranteed under Article 19 (1) (g) of the Constitution of India.
"...the non-implementation of the NCAHP Act is violative of general publics’ Fundamental Right to Life and Personal Dignity guaranteed under Article 21 of the Constitution of India since substandard allied and healthcare services will lead to substandard medical services and may even worsen the health conditions of the patients if the allied and healthcare professionals commit an error or mistake with respect to the medical treatment of the patients. Further, in the absence of a regulatory body, there is no check or accountability...", the petition filed under Article 32 adds.
It has been further submitted that NCAHP Act had come into force on 25th May, 2021, however, even after 2 years the same has not been implemented.
As per the original timeline, states the petition, the State Councils ought to have been constituted within 6 months from May 25, 2021, however, instead of implementing the provisions of the NCAHP Act, the Central Government has extended the timeline for implementation of the said provisions after every 6 months and there have been 5 such extensions till date.
"..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", the Joint Forum of Medical Technologists of India (JFMTI) has added.
JFMTI has further relied on a survey titled "Allied Healthcare Professionals in India" conducted by NATHEALTH in collaboration with BCG (Boston Consulting Group) sheds light on the critical skill gap in India's Allied Health profession.
It is submitted that as per the said report, India's Allied Health capacity remains much lower than many other economies, resulting in a substantial unfulfilled demand of 30-40 per cent. The report highlights the current penetration of radio imaging tests per 1,000 people, which is 36 in India as of 2022.
Lastly, the petition submits that framing of the required rules, regulations, and guidelines, as per the provisions of the NCAHP ACT is necessary to prevent the proliferation of substandard educational institutions imparting professional education in allied & healthcare services in the Country.
Implementation of the provisions of NCAHP Act will bring about uniformity to teaching methodology, clarify protocols of certification and set national standards for regulation of allied health sciences and professionals, court has been told.
Case Title: JOINT FORUM OF MEDICAL TECHNOLOGISTS OF INDIA JFMTI & ORS. vs. UNION OF INDIA & ORS.
Please Login or Register
