Govt says NMC rules allow complaints against doctors

Govt says NMC rules allow complaints against doctors 

But Committee Cites Act To Reject All Patient Appeal Cases

Rema.Nagarajan@timesofindia.com  04.08.2025

Responding to a Parliament question on whether the National Medical Commission (NMC) was biased towards doctors, the health ministry has stated that the ethics regulation of 2002 provided for complaints against doctors. However, NMC’s ethics section has been rejecting all patient appeals, claiming the NMC Act prevails over the 2002 ethics regulation. 

The NMC Act states that doctors can file appeals against state medical council decisions. Referring to this, the ethics section has been dismissing all appeals filed by patients, claiming only doctors can file appeal, even though it is against the law. The NMC Act itself clearly states that “the rules and regulations made under the Indian Medical Council Act, 1956, shall continue to be in force and operate till new standards or requirements are specified under this Act or the rules and regulations made thereunder.” Since the Indian Medical Council Regulations, 2002, has not been replaced, it still stands. Clause 8.8 of the 2002 ethics regulation states, “Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council.” 

Yet, over 162 appeals of patients have been rejected by the NMC. Union minister of state for health Anupriya Patel stated that “to ensure that the NMC functions in a transparent and fair manner”, the central govt appoints the chairperson and presidents of four autonomous boards as per the NMC Act, 2019. However, there is no transparency as even the minutes of meetings of the NMC and its autonomous boards are not available in the public domain, as used to be the case with the erstwhile Medical Council of India. Moreover, all autonomous boards, including the presidents posts are currently almost entirely vacant. 

The few minutes of the commission’s meetings accessed using RTI show that most nondoctor ex-officio members hardly ever attend meetings and, hence, most decisions are taken by commission members, almost most of whom are doctors. “I have complained to the health ministry and the law ministry by registered post about NMC rejecting patient appeals and hence I have proof. So, the health ministry cannot claim to have not received any complaints,” said Gokul Aneja, husband of a victim of alleged medical negligence, who appealed against the decision of the Punjab state medical council, only to have his appeal rejected twice.