Today, the Supreme Court issued notice to the Union government and the National Medical Commission (NMC) on a plea seeking to exclude doctors and healthcare providers from the ambit of the Consumer Protection Act, 2019.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice NV Anjaria was hearing a writ petition filed by the Association of Healthcare Providers (India).

In its plea, the association has asked the Court to direct the Centre and the NMC to declare that services provided by healthcare professionals do not fall under the Consumer Protection Act. It has also sought directions to consumer forums across the country to stop entertaining complaints filed against doctors and hospitals under the consumer law.

Medical services were brought under consumer law in 1995 through the Supreme Court’s judgment in Indian Medical Association v. V.P. Shantha, which held that healthcare services fall within the definition of “service”. In May 2024, a two-judge Bench of the Court referred this ruling to a larger Bench for reconsideration. However, in November 2024, a three-judge Bench declined to revisit the decision and held that no reconsideration was required.

Challenging this position, the petitioner argued that medical practice is fundamentally different from commercial services. It said doctors often have to rely on professional judgment in uncertain situations and cannot guarantee outcomes in the way commercial services do. Treating healthcare like a consumer transaction, the plea argued, fails to recognise this reality.

The association also relied on a Supreme Court judgment which excluded advocates from the purview of the Consumer Protection Act, arguing that similar reasoning should apply to the medical profession. According to the petitioner, both professions are based on trust, skill and professional discretion rather than assured results.

It was further argued that bringing doctors under consumer law has weakened the trust-based doctor-patient relationship and has led to a rise in defensive medicine, with doctors becoming hesitant to take necessary risks, especially in emergency cases, for fear of litigation. The plea also claimed that consumer forums are not adequately equipped to handle complex medical issues.

The petitioner pointed out that doctors are already governed by a regulatory framework under the National Medical Commission, which has mechanisms in place to deal with serious cases of medical negligence.

The Court has issued notice to the Centre and the NMC in the matter.

Case: Association of Healthcare Providers (India) v. Union of India & Ors., W.P.(C) No. 110/2026