Indian System of Medicine practitioners cannot practice allopathy
The practitioner of ‘Bharatiya Chikitsa’ – Indian System of Medicine – such as Ayurveda, Siddha, Tibb and Unani medicine cannot practise modern scientific system of medicine including prescribing allopathic medicines, the Delhi High Court has said.
A division bench of Chief Justice G. Rohini and Justice Rrajiv Sahai Endlaw said that allowing persons not holding qualification in modern scientific system of medicine to practise this system of medicine can play “havoc with the health and lives of citizens” of the city.
The order said: “Allowing persons not holding qualification in modern scientific system of medicine to practise the said system of medicine… can play havoc with the health and lives of citizens of the city.”
The court’s order came on a petition filed by Delhi Medical Association (DMA), which is an association of registered medical practitioners of Allopathic System of Medicine affiliated to the Indian Medical Association (IMA), saying practitioners of ‘Bharatiya Chikitsa’ in the capital were prescribing allopathic drugs, jeopardizing the health of residents of the city.
It said that the Delhi Bharatiya Chikitsa Parishad (DBCP) was relying on a Section of DBCP Act defining “integrated medicine” to claim that its members are entitled to prescribe allopathic drugs.
In the order, the court said those having qualification in “integrated medicine” under the DBCP Act could make use of the modern advances in various sciences such as Radiology Report, X-Ray, Complete Blood Picture Report, Lipids report, E.C.G a for purposes of practising in the Indian system of medicine.
“To hold otherwise would blur the otherwise well defined boundaries between the two systems of medicine,” it added.
The bench further said: “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… of the DBCP Act, 1998, is entitled to practice modern scientific system.”
The summary of the Judgement passed by the Delhi High court is
(A) By declaring 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, 1998, 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.
(B) By directing all the authorities concerned with enforcement of the provisions of the Indian Medical Council Act, 1956, Delhi Medical Council Act, 1997, Indian Medicine Central Council Act, 1970 and the Delhi Bharatiya Chikitsa Parishad Act, 1998 and/or entrusted with the task of preventing persons not holding qualification as mentioned in the Schedules of the Indian Medical Council Act, 1956 from practicing modern scientific system of medicine, to not allow any person holding qualification in Indian Medicine as described in the Schedule to the Indian Medicine Central Council Act, 1970, even if holding a degree in integrated course as defined in the Delhi Bharatiya Chikitsa Parishad Act, 1998, from practicing modern scientific system of medicine.
(C) By declaring that Section 2(h) of the Delhi Bharatiya Chikitsa Parishad Act, 1998 or any other provision thereof or of the Indian Medicine Central Council Act, 1970 does not permit any personholding qualification in Indian Medicine as prescribed in the Indian Medicine Central Council Act, 1970 even if a degree in integrated course to practice modern scientific system of medicine in terms of Indian Medical Council Act, 1956 read with Indian Medical Degrees Act, 1916 and Delhi Medical Council Act, 1997.
(D) By declaring that the Notification dated 10th February, 1961 of the Delhi Government issued in pursuance to Rule 2(ee) of the Drugs and Cosmetics Rules, 1945 does not entitle any person not holding a qualification listed in the Schedules to the Indian Medical Council Act, 1956 and whose name is not entered in the State Medical Register under the Delhi Medical Council Act, 1997 to prescribe Allopathic drugs.
(E) By declaring that the Notification dated 19th May, 2004 of the Central Council of Indian Medicine does not entitle the practitioners of Indian Medicine within the meaning of the Indian Medicine Central Council Act, 1970, even if holding degree in integrated medicine within the meaning of the Delhi Bharatiya Chikitsa Parishad Act, 1998 to practice modern scientific system of medicine / Allopathic system of medicine within the meaning of Indian Medical Council Act, 1956 read with Indian Medical Degrees Act, 1916.
Reference:
https://indiankanoon.org/doc/95645241/
http://www.ima-india.org/ima/left-side-bar.php?scid=245
