Supreme Court Issues Notice to Union, States on Contempt Plea Over Delay in Implementing NCAHP Act, 2021

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The Supreme Court has issued notice to the Union of India and the States/Union Territories on a contempt petition. The petition alleges non-compliance with earlier judicial directions that required implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta passed the order on a petition filed by the Joint Forum of Medical Technologists of India (JFMTI). JFMTI claims that authorities failed to follow the Court’s directions issued in a connected public interest litigation, which required time-bound implementation of the Act.

Alleged non-compliance with earlier directions

JFMTI submits that Parliament enacted the NCAHP Act in March 2021. However, the Union and the States did not take effective steps to operationalise it. The forum says this inaction led to the filing of a connected PIL in 2023.

The petitioner further states that in August 2024, the Supreme Court directed the Union and the States to implement the Act by October 12, 2024. The Court also required them to make the statutory institutions under the law functional within that timeline.

JFMTI alleges that the situation has not changed even in 2026. It points to the alleged incompleteness of the National Commission’s composition as an example of continuing non-implementation.

Court exempts personal appearance for now

Considering the allegations, the Bench issued notice on the contempt petition. At this stage, the Court exempted the personal presence of the respondent-contemnors.

Background of the connected PIL

The connected PIL highlighted that the NCAHP Act came into force on May 25, 2021. Yet, the petitioners said authorities did not implement its provisions for over two years. They also stated that the law contemplated State Councils within six months. However, the Central Government allegedly extended timelines multiple times, which prolonged implementation.

Case Title: Joint Forum Of Medical Technologists Of India (JFMTI) & Ors. v. Union of India & Ors., W.P.(C) No. 983/2023 (and connected case)

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