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The Kerala High Court on Wednesday (16 September) directed that Union of India to submit an affidavit regarding the operationalisation of the National Commission For Allied and Healthcare Professionals Act, 2021(NCAHP). 

The NCAHP Act is enacted to regulate and maintain the standards of education and services by allied and healthcare professionals, assessment of institutions and provide a framework in which the professionals may be recognised and regulated. 

The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M issued the direction in a public interest litigation filed by the Lady Lawyers Association of Wayanad seeking direction for a comprehensive statutory framework to regulate counselling and allied mental health services in India, alleging that the absence of licensing, registration and professional accountability has left vulnerable persons exposed to unqualified practitioners.

According to the petition, while the psychiatrist and clinical psychologist  are subject to statutory regulations, there is no comprehensive legal framework governing general counsellors, psychotherapists or mental health coaches. 

The petitioner states that alarming proliferation of unqualified and self-proclaimed counsellors, psychologists, therapists and mental health influencers operating through various social media and digital platforms without possessing the requisite educational qualifications, professional competence, statutory recognition or ethical accountability. 

The petitioner further submits that the unchecked dissemination of psychological advice by persons without adequate qualification, poses a serious threat to public mental health and has the potential to cause irreparable harm. 

The petition also points to the growth of short-term online certification courses which, it alleges, are sometimes represented as sufficient credentials for providing mental health counselling despite not being recognised qualifications under law.

The petition also raises concerns regarding confidentiality, informed consent, professional competence, conflicts of interest, record-keeping, supervision and disciplinary accountability.

It argues that the absence of a dedicated regulatory mechanism leaves persons who suffer harm from negligent or unqualified counselling with remedies primarily under consumer or criminal law, neither of which, according to the petition, provides a professional disciplinary mechanism capable of suspending or revoking credentials.

The petitioner has cited data from the National Mental Health Survey 2015-16, the Global Burden of Disease Study and other sources to highlight the scale of mental health needs in India. The petition states that the NMHS estimated that approximately 10.6% of India's adult population suffered from a diagnosable mental disorder and cited a treatment gap ranging between 70% and 92% across different categories of mental illness.

It also refers to the shortage of qualified mental health professionals and argues that the resulting demand for services has created an environment in which unqualified persons can offer counselling services to vulnerable individuals.

The petitioner had referred to National Medical Commission Act, 2019 and the Rehabilitation Council of India Act, 1992, arguing that the safeguards under those laws apply to recognised medical and rehabilitation professions but do not extend to the broader category of persons providing counselling services.

It has further relied on the NCAHP Act, noting that its Schedule includes categories such as psychologists other than clinical psychologists, behaviour analysts and integrated behavioural health counsellors. It alleges, however, that the regulatory position concerning counselling remains uncertain.

It referred to a pending proceeding before the Supreme Court concerning implementation of the NCAHP Act, 2021. According to the petition, the Supreme Court had directed the Union and State Governments to take effective steps for implementation of the statute and place a roadmap before it.

The petition seeks to declare the access to qualified, regulated and access to qualified, regulated and accountable mental health counselling services as a fundamental right under Article 21.

It further seeks directions to the Union Government to introduce a comprehensive legislative framework either through amendments to the Mental Healthcare Act or NCAHP Act, or through standalone legislation to legally define and protect professional titles such as "Counsellor", "Therapist" and "Psychotherapist". 

It also seeks to prescribe minimum educational qualifications; establish mandatory licensing and registration; create a publicly accessible national register of licensed counsellors; frame interim working guidelines pending comprehensive legislation; and regulate online mental health services and digital counselling platforms.

The matter is now posted after three weeks for the affidavit from the Central government regarding the operationalisation of NCAHP Act. 

Case Title: Lady Lawyers Association Of Wayanad (LAWA) v Union of India and Ors. 

Case No: WP(PIL) 182/ 2026

Counsel for Petitioner: A. Parvathi Menon, P. Sanjay, Paul Varghese, Kiran Naryanan, Rahul Raj. P, Muhammed bilal.V.A, Shahala Nargees M.K, Zeba Mujeeb

Counsel for Respondent: P. Sreekumar (ASGI), 

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