Chief Justice of India, TS Thakur has raised some serious questions with respect to Ayurvedic practitioners resorting to allopathic treatment..During a hearing held this Monday, the CJI even went as far as asking,.“How many of you would go to an Ayurvedacharya for a surgery?”.The case in question is an appeal filed by National Integrated Medical Association and All India Indian Medicine Graduates Association challenging a Delhi High Court verdict barring practitioners of Indian systems of medicine from practising “modern scientific medicine”..Senior Advocates Harish Salve and Raju Ramachandran appeared for the appellants before a bench of Chief Justice TS Thakur and AM Khanwilkar and DY Chandrachud JJ..The case has its genesis in a PIL petition filed by the Delhi Medical Council seeking a ban on Ayurvedic doctors resorting to allopathic treatments..The High Court had allowed the said petition and held that no practitioner of Indian systems of medicine would be entitled to practice modern scientific medicine even if he holds a qualification as listed in the schedule to the Indian Medicine Central Council Act, 1970 (IMCC Act) or even if it be in integrated medicine as defined in Section 2(h) of the Delhi Bhartiya Chikitsa Parishad Act 1998 (DBCP Act)..The High Court had also directed the concerned authorities to take action against persons holding degrees in integrated medicine and practising modern systems of medicine..The appellants have challenged this decision, contending that the High Court misinterpreted the decision of the Supreme Court in the case of Dr. Mukhtiar Chand & Ors. v. State of Punjab & Ors. [(1998) 7 SCC 579]..“This Hon’ble Court in the said decision upheld the validity of such Notifications issued by State Governments, which permitted the practitioners of Indian medicine to practice and prescribe modern medicine in pursuance of the rules making powers under Section 33 of Drugs and Cosmetics Act, 1940.”.The appellants have contended that practitioners of Indian medicine have a statutory right to practice medicine including modern scientific medicine to the extent of knowledge and education as received by the practitioners of integrated system of medicine..This, the appellants claim, has been taken away by the High Court by reading down Section 2(h) of the DBCP Act..Besides, the appellants have contended violation of fundamental right under Article 19(1)(g). Aside from these, they have also claimed that a similar writ petition was filed by the petitioner respondents as early as 1996 and the same was dismissed by the High Court..When the matter came up for hearing yesterday, Chief Justice Thakur appeared visibly shocked at the idea of Ayurvedic practitioners conducting surgeries..“How can you practice surgeries? Are you qualified?”.The question was prompted by Harish Salve’s contention that the Ayurvedic system of surgery was highly advanced and complicated..CJI Thakur remarked,.“No one grudges a few medicines here and there, but the lines must be clearly demarcated. Ayurvedic doctors cannot become allopathic practitioners.”.The Court then asked the appellants to furnish a list of surgeries that Ayurvedic doctors can currently perform..Dr. Mandar Ranade, Chief Spokesperson of the National Integrated Medical Association (NIMA) told Bar and Bench, that the Delhi Medical Association would like to keep their monopoly over allopathic drugs, and consequently were placing Ayurvedic practitioners in a position where their functioning would be severely compromised..The case will now be heard on August 8 this year.
Chief Justice of India, TS Thakur has raised some serious questions with respect to Ayurvedic practitioners resorting to allopathic treatment..During a hearing held this Monday, the CJI even went as far as asking,.“How many of you would go to an Ayurvedacharya for a surgery?”.The case in question is an appeal filed by National Integrated Medical Association and All India Indian Medicine Graduates Association challenging a Delhi High Court verdict barring practitioners of Indian systems of medicine from practising “modern scientific medicine”..Senior Advocates Harish Salve and Raju Ramachandran appeared for the appellants before a bench of Chief Justice TS Thakur and AM Khanwilkar and DY Chandrachud JJ..The case has its genesis in a PIL petition filed by the Delhi Medical Council seeking a ban on Ayurvedic doctors resorting to allopathic treatments..The High Court had allowed the said petition and held that no practitioner of Indian systems of medicine would be entitled to practice modern scientific medicine even if he holds a qualification as listed in the schedule to the Indian Medicine Central Council Act, 1970 (IMCC Act) or even if it be in integrated medicine as defined in Section 2(h) of the Delhi Bhartiya Chikitsa Parishad Act 1998 (DBCP Act)..The High Court had also directed the concerned authorities to take action against persons holding degrees in integrated medicine and practising modern systems of medicine..The appellants have challenged this decision, contending that the High Court misinterpreted the decision of the Supreme Court in the case of Dr. Mukhtiar Chand & Ors. v. State of Punjab & Ors. [(1998) 7 SCC 579]..“This Hon’ble Court in the said decision upheld the validity of such Notifications issued by State Governments, which permitted the practitioners of Indian medicine to practice and prescribe modern medicine in pursuance of the rules making powers under Section 33 of Drugs and Cosmetics Act, 1940.”.The appellants have contended that practitioners of Indian medicine have a statutory right to practice medicine including modern scientific medicine to the extent of knowledge and education as received by the practitioners of integrated system of medicine..This, the appellants claim, has been taken away by the High Court by reading down Section 2(h) of the DBCP Act..Besides, the appellants have contended violation of fundamental right under Article 19(1)(g). Aside from these, they have also claimed that a similar writ petition was filed by the petitioner respondents as early as 1996 and the same was dismissed by the High Court..When the matter came up for hearing yesterday, Chief Justice Thakur appeared visibly shocked at the idea of Ayurvedic practitioners conducting surgeries..“How can you practice surgeries? Are you qualified?”.The question was prompted by Harish Salve’s contention that the Ayurvedic system of surgery was highly advanced and complicated..CJI Thakur remarked,.“No one grudges a few medicines here and there, but the lines must be clearly demarcated. Ayurvedic doctors cannot become allopathic practitioners.”.The Court then asked the appellants to furnish a list of surgeries that Ayurvedic doctors can currently perform..Dr. Mandar Ranade, Chief Spokesperson of the National Integrated Medical Association (NIMA) told Bar and Bench, that the Delhi Medical Association would like to keep their monopoly over allopathic drugs, and consequently were placing Ayurvedic practitioners in a position where their functioning would be severely compromised..The case will now be heard on August 8 this year.