Alternate Medicine Judgements
Alternate Medicine Judgements
Last uploaded on 23 April 2022
The following books have been released by the Council
Alternate Medical Doctors Law Volume I – Alternate Medical Council of India (Rules, Regulations, Notifications, Circulars, Acts and Laws from British era and as enacted by the Government of India till today
Alternate Medical Doctors Law Volume II – Alternate Medical Council of India (Judgements passed by the Hon’ble Supreme Court of India and various Hon’ble High Courts across India).
In this process Govt. has considered the Orders dated 18.11.98 of the Hon’ble High Court of Delhi in CWP No.4015/96 & OM NO.8468/97, which has inter-alia, directed the Central / State Govts., to consider making legislation to grant of licenses to the existing and new institutes etc. to control & regulate the various “unrecognised” streams of alternative medicines and also to give adequate publicity through media informing public about the Registered Alternate Medical Practitioners and similar other institutes for being recognized by the Government and affiliated with any of the Councils.
The Government constituted a ‘Standing Committee of Experts’ under the Chairmanship of Director General, Indian Council of Medical Research and members were drawn from various fields of medicine to consider and give its recommendations to the Government. on the efficacy / merits of various streams of alternative medicine and also examine feasibility of making legislation as suggested by the Hon’ble Court. The Committee developed essential & desirable criteria for grant of recognition to a new stream of medicine and analysed the different streams of ‘Alternative medicine’ viz. Ayurveda, Siddha, Unani, Homoeopathy, Yoga & Naturopathy, Elecropathy / Electrohomoeopathy, Acupuncture, Magnetotherapy, Reiki, Reflexology, Urine Therapy / Autourine Therapy, Hypnotherapy, Aromatherapy, Colour Therapy, Pranic Healing, Gems & Stone Therapy and Music Therapy.
The Committee has recommended that certain practices, not included in Ayurveda, Siddha, Unani, Homeopathy and Yoga & Naturopathy, such as Acupuncture and Hypnotherapy which qualified as modes of therapy, could be allowed to be practiced by registered practitioners or appropriately trained personnel, which were found to fulfill the essential & desirable criteria developed by the Committee for recognition of a system of medicine. The Committee further suggested that all those Systems of Medicine not recognized as separate Systems should not be allowed to continue full time Bachelor and Master’s degree courses and the term “Doctor” should be used only by practitioners of Systems of Medicine recognized by the Government of India. Those considered as Mode of Therapy can be conducted as Certificate courses for registered medical practitioners to adopt these modes of therapy in their practice, whether modern medicine or Indian Systems of Medicine and Homoeopathy.
After carefully examining the various recommendations of the Committee, the Government accepted these recommendations of the Committee. Accordingly, it is requested that the State/UT Govt. may give wide publicity to the decision of the Govt. They may also ensure that Institutions under the State/UT do not grant any degree / Diploma in the stream of medicine which have not been recommended for recognition and the term ‘Doctor’ is used by practitioners of recognized system of medicine
No Harassment To Alternative Medical Practitioners, Hon’ble Supreme Court Of India
The Police is having no right to injunct or prevent the Practitioner from practicing the Alternate System of Medicine within the scope of the Certificate. Non-compliance amounts to Contempt of Court (In the judgment and Order dated 18.11.1998 in F.A.O. NO.205/92 of the Hon’ble Supreme Court of India)
Latest contents of judgment of Hon’be Supreme court of India SLP (Civil) No. 11262/ 24/11/2000 (In the judgment and order date 18/11/1998 in F.A.Q. No.205/92)
For want of certain clarification etc. Delhi govt. & union of India (ministry of health & family welfare) has filled an appeal (SLP) in the Hon’ble supreme court of india challenging the order of Hon’ble Delhi high court dated 18/11/1998upon hearing on 12/11/2000. The division bench of Hon’ble justice R.C. Lahoti & Hon’ble justice Shivraj V. Patil has rejected the plea of Delhi govt. & union of India and finally on 24/11/2000 the bench of the Hon’ble court comprising justice Rajendra Babu and B.N. Agarwal has directed to entertain the matter and SLP Filled by petitioner (Delhi govt. & union of India ) has been dismissed. The Hon’ble supreme court of India also maintained that status quo of Hon’ble Delhi high court (FAO205/92) dated 18/11/1998 by which it has been ordered that any legally constituted institution imparting education facilities in the field of Alternative medicines may issue diploma / certificate and holder of such diploma / certificate are entitled to practice the particular faculties covered by the said diploma / certificate.
1. According to the judgment of high court Chennai, planning commission report & the latter of govt. (No.110/8/4/77MPT/ME(P)1979&No.4-6/70 MPT of govt. of India) The RMP certificate holder can practice in alternative medicine only he can’t practice in surgery , obstetrics & radiation therapy in any form. He can not prescribed any medicine includes G,H&L of drugs & cosmetics rules 1945 and other dangers drug at any cost.
2. Council of Alternative System of Medicines run by Iatros medical society has conferred with the Establish & run alternative medicine & paramedical college’s, science and technological institutions , hospital, research center in all over India.
3. To promoting research & development of alternative medicine and paramedical science for diffusal of literary and scientific knowledge.
The hon’ble High Court of Delhi
Stated in its Judgment dt. 18/11/1998 of CWP No. 4015/1996 & OM No.8468/ 1997 in which the Government has to take proper action to regularize and recognize the alternative medicine in India.
The hon’ble High Court of Calcutta
In its final judgment constitution writ jurisdiction matter no 546 of 1988 dt. 07/05/1990 which has been reported in Calcutta Law Journal 1991 (2) CLJ page No. 173 to 187 held the following important points regarding the constitutional rights and legal validity of Alternative system of Medicines in India.
The hon’ble High Court of Madras
Madras High Court has also passed an order on 28/11/2016 that as per Ministry of Health & Family Welfare Govt. of India order No. V.25011/276/2009-HR Dated 05/05/2010. The petitioner can rightfully practice Electro Homoeopathy Medicine in every state in India without hindrance. Hence, there is no need to take permission from local health authorities or joint director of health of the district of Tamilnadu. Government has already accepted this order as this order remains unchallenged by the state Govt. in Hon’ble Supreme court of India. Therefore, the state Govt. should also give honour of it.
•Electro Homoeopathy legal and scientific analysis committee setup by Rajasthan Govt. consist of the experts of botanists, pharmacologists, clinical research, electro homoeopathy expert, of other medical system viz. senior scientist-17, CMO-40, legal expert-5 and other expert including vice chancellors of the universities of Rajasthan Govt.-16. On the basis of the evidences and documents received and examined, the committee has a clear judgment that electro homoeopathy is a simple, economical, accessible and secure therapeutic approach, it must be recognized in the state. Taking into consideration the utility and merits of electro homoeopathy, the committee expresses its though conviction and strongly recommends the state Government to draft essential law and initiate the statutory administrative process to grant due recognition to electro homoeopathy in the state. Ultimately on 09/03/2018 the Assembly of Rajasthan Govt. has passed Electro Homoeopathy System of Medicine Bill No. 13 of 2018 recognizing the system in Rajasthan State. Hon’ble Govt. of Rajasthan state has already signed on the Bill on 10th October, 2018. Therefore, Electro Homoeopathy system of medicine is a recognized system in a state like Rajasthan.
The hon’ble Supreme Court of India
Stated in its final judgment of a case on alternative system of Medicine that “the judgment of Hon’ ble High court of Delhi must be strictly followed by the Govt. of India within Eight weeks” to regularise the alternative system of Medicines .
• Union of India and Delhi Govt. filed by a SLP(civil) No. 11262/2000 against the judgement and order by Delhi high court CWP No. 4015/1996 dated 18/11/1998 in FAQ 205/92. The supreme court has dismissed the SLP Of Union of India and delhi Govt. Dated 24/11/2000.
• 05-05-2010 Electro Homoeopathy is governed vide no.25011/276/2009-HR dated 5th
• 23-04-2008 Vijyanagaram Addi Judi Court Magistrate Recognized the BEMS Practice and kept it with in settled law.
• 22-12-2006 Hon’ble Bombay High court recognized the Electro Homoeopathy Practice.
• 10-01-2005 Metropolitan session court, Sec-bad Recognized MD (EH) Practice and Electro Homoeopathy Board also.
• 25-11-2003 Central Govt. of India, Ministry of Health & Family Welfare, and Department of Health Research recognized Electro homoeopathy.
• 14-02-2003 Hon’ble Supreme court of India and Medical Council of India have declared that, those who are having community Medical Service & ED Certificate (CMS) of Rural medical practitioner (RMP) can do Practice on 42 drug groups of life saving drugs in Allopathy.
•16-05-2001 Hon’ble Metropolitan session court Sec-bad Recognized the Electro homoeopathy Practice. The court also ordered that “Any Medical council, centre in India has no right to interfere in the Practice.
• 23-10-2000 XI Metropolitan court, Sec-bad recognized the Practice of Electro Homoeopathy & relevant medical college also.
The order issued by Government of India (Ministry of Health & Family Welfare Department)
• RESEARCH NO. V.25011/276/2009-HR Dated.05.05.2010&C.30011/22/2010-HR Dated 21.06.2011 – To give the rights of practicing to registered Medical Practitioners enrolled by the council as qualified physicians, without any restriction, and entitling them to issue medical certificates such as sickness, fitness etc of any other certificate required by any law. To establish the faculty to control the examinations of teaching and educational institutions or colleges etc; and to award degrees, diplomas, Certificates etc., thereof.
• It is fact that many states including Tamilnadu have implemented clinical establishment Act. 2010. All states are giving honour and weight age to the order of Central Govt. dated 14/02/2011 with regard to education and practice of Electro Homoeopathy. On the suggestion and mutual consultation of Ministry of Health & Family Welfare Govt. of India. Hon’ble Supreme Court of India has also passed order on 22/01/2015 that there is no ban on medical practice of Electro Homoeopathy.
Ministry of Health & Family Welfare Govt. of India has already clarified on 14/02/2011 that Electro Homoeopathy is not applicable under clinical establishment (Registration & Regulation) Act. 2010 for registration to the clinics of the practitioners of it but there is no practicing electro homoeopathy or imparting education as per central Govt. order V.25011/276/2009-HR Dated 05/05/2010.
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