SC To Hear PIL Demanding Enforcement Of Allied Healthcare Law

On Tuesday, the Supreme Court agreed to hear a public interest litigation (PIL) filed by the Indian Association of Physiotherapists (IAP), which calls for the full and effective enforcement of the National Commission for Allied and Healthcare Professions Act, 2021 (NCAHP Act).

A bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran responded to senior advocate Anindita Pujari’s concerns over the continuing absence of regulatory systems for allied health professionals despite the Act being in force for more than four years.

The court issued notices to the central government, all states and union territories, the National Commission for Allied and Healthcare Professions, the University Grants Commission (UGC), and the All India Council for Technical Education (AICTE).

The case has also been clubbed with a similar pending petition.

Filed under Article 32 of the Constitution through advocate Rohit Kumar, the petition argues that several key elements of the NCAHP Act remain unimplemented, particularly the establishment of State Allied and Healthcare Councils.

This, it said, has led to fragmented standards and unclear professional pathways in the allied healthcare sector.

Crucial Roles Remain Under-Regulated

The petition highlighted the impact on a wide range of healthcare workers, including physiotherapists, speech therapists, lab technicians, and radiology technologists, whose roles are crucial but remain under-regulated.

“This lack of implementation (of NCAHP Act) has resulted in significant inconsistencies in professional qualifications and unclear scopes of practice across the healthcare sector, negatively impacting the quality of healthcare services in India,” the petition stated.

The petition further noted that countries like the UK, the US, Australia, and Nepal have already established robust regulatory systems for allied health professions.

“In contrast, India has regrettably failed to implement such regulatory bodies, resulting in substandard quality of paramedical education, diagnostic, and clinical services in both private and government healthcare establishments, due to the absence of statutory requirements for accreditation, registration and licensing in the relevant professional streams,” the petition asserted.

It added that both the Union and state governments have not implemented the certification and licensing systems required by the NCAHP Act.

The PIL calls for a writ of mandamus directing the central and state governments, along with concerned regulatory bodies, to implement the NCAHP Act in full, establish the necessary councils, and enforce uniform professional standards across the allied healthcare sector.

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