The Supreme Court of India on Tuesday directed 19 states and union territories to consider declaring cancer a “notifiable disease” to facilitate early detection and improved patient care. The directive followed a public interest litigation (PIL) filed by Dr. Anurag Srivastava, an academic surgeon and researcher who previously worked at the All India Institute of Medical Sciences in Delhi. The court emphasized the urgent need for a uniform policy across the nation to manage the rising number of cancer cases and enhance healthcare outcomes. The bench, led by Chief Justice of India Surya Kant and comprising justices Joymalya Bagchi and V Mohana, noted that 17 states and union territories had already notified cancer as a notifiable disease based on recommendations from the Parliamentary Standing Committee of the Ministry of Health and Family Welfare. These states included West Bengal, Tripura, Punjab, Assam, Mizoram, Haryana, Karnataka, Arunachal Pradesh, Gujarat, Manipur, Tamil Nadu, Sikkim, Rajasthan, Kerala, Andhra Pradesh, Odisha, and Himachal Pradesh. In April 2026, Telangana became the latest addition to this list. The court expressed concern over the lack of a unified approach, pointing out that health is primarily a state subject under the Constitution. Therefore, the remaining states and union territories were urged to act in accordance with the committee’s recommendations and submit a compliance report. The additional solicitor general, Anil Kaushik, representing the central government, argued that cancer, being a non-communicable and non-contagious disease, does not meet the criteria for notifiable diseases under existing laws such as the Epidemic Diseases Act, 1897, or the National Disaster Management Act, 2005. He also highlighted that the Centre believes mandatory notification for non-communicable diseases is neither necessary nor practical, citing concerns over unsustainable financial obligations related to ex-gratia compensation. Dr. Srivastava’s petition underscored the severity of the cancer burden in India, noting that cancer accounts for approximately 8-9% of annual deaths. According to his submission, the number of new cancer cases is projected to rise from nearly one million in 2012 to over 1.5 million by 2035, while cancer-related deaths are expected to surpass one million during the same period. He emphasized that cancers affecting the breast, uterus, and mouth account for nearly 34% of all cancer cases, highlighting these as critical public health priorities. Studies by the Indian Council of Medical Research (ICMR) and the National Cancer Registry Programme (NCRP) indicate that the true incidence of cancer is likely much higher than officially reported figures. This discrepancy is attributed to chronic underreporting and the absence of a statutory requirement for mandatory cancer notifications. Dr. Srivastava pointed out that the failure of major states such as Uttar Pradesh, Madhya Pradesh, and Maharashtra to notify cancer leads to delays in diagnosis and insufficient resource allocation for prevention, screening, and treatment. Consequently, many individuals remain unresponsive to early detection and timely medical interventions, weakening national efforts to combat the increasing cancer burden. The court acknowledged the strong recommendations from the parliamentary committee, which called for nationwide notification to ensure accurate data collection, promote screening, and support follow-up care. The bench stressed that there is no justification for excluding cancer from the category of notifiable diseases, especially given the scale of the problem. The ruling aims to bridge gaps in cancer surveillance and improve public health infrastructure across the country.
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