Kerala HC seeks affidavit from Centre on implementation of Act —: The wider industry impact

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Kochi : The high court, in a PIL seeking a regulatory mechanism for counselling and allied mental health services, has directed the central govt to file an affidavit regarding the implementation of the National Commission for Allied and Healthcare Professionals Act, 2021. Additionally, the petitioners pointed out that the National Medical Commission Act, 2019 and the Rehabilitation Council of India Act, 1992 safeguard patients as those laws apply to recognised medical and rehabilitation professions but do not extend to the broader category of persons providing counselling services. The court adjourned the PIL to Oct 7 for further hearing.

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There has been an alarming proliferation of unqualified and self-proclaimed counsellors, psychologists, therapists and mental health influencers operating through various social media and digital platforms without the requisite educational qualifications, professional competence, statutory recognition or ethical accountability, according to them. A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar was considering a PIL filed by the Lady Lawyers Association of Wayanad. The petitioners alleged that, in the absence of licensing, registration and professional accountability of counsellors and psychotherapists, vulnerable persons were exposed to unqualified practitioners. They further raised concerns over confidentiality, informed consent, professional competence, conflicts of interest, record-keeping, supervision and disciplinary accountability. Accordingly, the petition sought a directive to the central govt to introduce a comprehensive legislative framework to address the issue. Download the TOI App.