"AYUSH" Drs cannot practice Allopathy.- Hon. Delhi High Court.

Vetes, Homeopaths, Ayurvedic Drs or Drs practicing Siddha or Unani system cannot practice Allopathy - Hon. Delhi High Court.

Adv. ROHiT ERANDE.©

This is a very important judgment delivered by Hon. Delhi high Court in the case of Delhi Medical Association V/s. Principal Secretary, Health. See the following link and part of it has been reported in AIR 2016 DEL. 106

http://lobis.nic.in/ddir/dhc/RSE/judgement/09-04-2016/RSE08042016CW78652010.pdf

Facts in nuthshell;

1. It was contended by the Petitioner - THE Delhi Medical Association (DMA)  that practitioners of the Indian System of Medicine (i.e. Drs. including Vets., Homeopaths, Ayurvedic, Siddh and Unani) and who are members of DBCP, have been illegally indulging in the practice of prescribing Allopathic Medicines despite being not registered and thus this amounts to quackery and agsint the provisions of Law.

2. The orders of various High Courts, including that of Madras High Court, Gujrath High Court, Allahabad High Court and the High Court of Himachal Pradesh  were sought to be relied wherein it has been observed almost similarly that it is not open to medical practitioners of other systems of medicine to claim right to practice in modern medicine without qualification in the said system and that the practitioners of Indian System of Medicine though entitled to practice Indian System of Medicine cannot practice modern system of medicine;

Defense in Short :

1. The Associations of the practitioners of Indian System of Medicine or by NGOs/Trusts contended that petition has not been filed in public interest but out of professional jealousy and to circumvent the orders  passed in previous matters.

2. That the DBCP Act authorizes the practitioners of Indian system of medicine to have the practice of modern scientific system of medicine in as much as they are taught and trained in integrated course of medicine;

3. It was also contended that there is dearth of qualified Doctors for rural areas and the qualified doctors are not inclined to serve in rural areas or in slums or the economically weak and backward areas.

Held (in short) :

Their Lordships (HON’BLE THE CHIEF JUSTICE  & HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW) in thier 47 pages judgment, after going through the documents, arguments and legal provisions, have held in favour of Petitioners and against the practitioners of the Indian System of Medicine.

1. It declared that no practitioner of Indian System of Medicine or holding a qualification as listed in the Schedule to the Indian Medicine Central Council Act, 1970, even if it be of in integrated medicine as defined in Section 2(h) of the Delhi Bharatiya Chikitsa Parishad Act, is entitled to practice modern scientific system of medicine as defined in the Indian Medical Council Act, 1956 read with Indian Medical Degrees Act, 1916 and as has come to be known as Allopathic system of medicine.

2. It directed concerned Authorities to take steps for preventing such practice of Medicine. 

3. Even if a degree in integrated course to practice modern scientific system of medicine is obtained as per provisions IMC Act, it does not give permission to practice Allopathay.

4. Such Drs cannot prescribe Allopathic Drugs. 

This Judgment, though applicable in Delhi, will have greater effect in India. The Implementation of this judgment is a real task ahead. It's quite likely that this Judgement will be challenged or must have been challenged. 
It has also been observed by Hon. Supreme Court (3 judges bench) in the case of Dr. Mukhtiar chand V/s. State of Punjab (AIR !999 SC 468) that "Aurvedic Vaids and Unani Hakims cannot practise allopathic medicine unless such right is conferred by State law"

 I am open to correction, but Different States have different policies in this regard. So the applicability of this judgement would depend upon such policy if any.
But Central Govt. should look into it and as a school of thought says, combine all the Medical Branches and give proper education, so that the ultimate beneficiary i.e. patient should be benefited.  One should always remember that Medical is an incomplete science.

Thanks and Regards

Adv. Rohit Erande

Pune.©