The National Medical Commission (NMC) has faced scrutiny regarding its handling of appeals against decisions made by State Medical Councils (SMCs) over the past five years. Data indicates a stark contrast in the outcomes of appeals filed by doctors versus those filed by patients or their families.
During this period, the NMC considered 185 appeals from doctors, entertaining all appeals by the Ethics and Medical Registration Board (EMRB). However, the commission reportedly rejected all 256 appeals submitted by patients. This disparity raises questions about equitable access to grievance redressal within the medical system.
The NMC's stance on patient appeals has seen some changes. Initially, the NMC Act of 2019 appeared to limit the right to appeal to medical professionals only, citing Section 30(3) of the Act. This section explicitly allowed medical practitioners to appeal SMC decisions but did not mention a similar right for patients. Consequently, the NMC rejected patient appeals, arguing they lacked the legal standing to challenge SMC rulings.
However, in a meeting held on September 23, 2024, the NMC seemingly reversed its position, deciding to allow patients to appeal against rulings of state medical councils. The EMRB would entertain all appeals received. In cases where state medical councils fail to act on complaints from patients or their families—even after multiple reminders—the EMRB may take over the case and resolve it directly. This decision aimed to enhance accountability and strengthen patient rights. Dr. B Srinivas, NMC Secretary, stated that the commission resolved to uphold the right of patients to seek accountability.
Despite this decision, there have been instances where the NMC has continued to reject appeals from patients. For example, on February 21, 2025, the NMC rejected an appeal by a patient from Punjab's Amritsar. This inconsistency has led to confusion and questions about the NMC's commitment to its stated policy.
Adding to the complexity, in 2023, the central government put a proposal to amend the NMC Act 2019, allowing patients and their relatives to challenge the decisions of the State Medical Councils (SMCs) before the NMC Ethics Board, on hold.
The contrasting treatment of appeals from doctors and patients has drawn criticism and prompted calls for greater transparency and fairness in the handling of grievances within the medical profession. It remains to be seen how the NMC will reconcile its stated commitment to patient rights with its past record and legal interpretations. Some experts anticipate potential legal challenges and adjustments needed by state medical councils to adapt to this evolving landscape.
