Madras High Court orders crackdown on unauthorised institutes, practitioners of alternative medicine

The Madras High Court recently ordered the Tamil Nadu police and the State government to crackdown on institutes offering unauthorised medical diploma courses, and persons practicing alternative medicine or offering medical treatment without requisite qualifications..In a judgement passed on March 6, Justice SM Subramaniam said that permitting unrecognised institutes to conduct short term medical courses and issue diploma certificates will have will have disastrous consequences on the society.The Court said that since a citizen's right to health was a part of Article 21, the State is duty bound to protect such right. "Allowing any unrecognised institute to conduct six months medical courses and issue diploma certificates would result in disastrous consequences in the society. Health being an integral part of Article 21 of the Constitution of India, the 'State' is duty bound to ensure that the unrecognised institutes are dealt with properly in accordance with law and the invalid diploma certificates issued by those unrecognised medical institutions are cancelled and the persons secured such certificates are prevented from practising medicine in the society. This being the Constitutional mandate of the State to ensure Right to Life under Article 21 of the Constitution of India, the present case requires an enquiry at large, so as to find out, whether many persons in the society ongetting such medical certificates, practising alternate medicine or not," the High Court said. The Court, therefore, refused to grant relief to 61 persons all claiming to be practitioners of alternative medicine, who had moved the Court seeking permission to continue their practice unhindered.The petitioner claimed to be practitioners of alternative medicine such as acupuncture, yoga etc.They prayed that the police be restrained from interfering with their right to practice and prescribe alternative medicine. .The police and the State government, however, told the Court that petitioners were not qualified medical practitioners. They said the petitioners had never been part of any recognised medical course conducted under the provisions of the statute. They had merely completed diploma in Community Medical Services Certificate Course conducted for six months by the National Board of Alternative Medicine, which was an unrecognised private institute. Such a diploma course could not be considered as a valid degree making the petitioners eligible to practice medicine and prescribe medication to others, the State said. The Court agreed with the State and said that unqualified persons could not claim a right to practice trade and profession under Article 19(1)(g) of the Constitution.."The writ petitioners herein are neither holding any valid medical decree nor their names are enrolled as medical practitioners in the Tamil Nadu Medical Council. Thus, they are not entitled to practice alternate medicine or any other practice in the medical field. Thus, the petitioners have not established any acceptable ground for the purpose of considering the relief," the High Court said. It, therefore, directed the State police to ensure the petitioners do not continue their medical practice. The Court also directed the Tamil Nadu Director General of Police to issue appropriate circulars to all the District Superintendents of Police and Commissioner of Police and to the competent authorities to "conduct periodical inspections, collect informations regarding unregistered or unrecognised medical practitioners, who all are practising medicine in any locality and initiate all appropriate and necessary legal actions against them in accordance with law." M/s N Manokaran appeared for the petitioners. Additional Government Pleader S Ravichandran appeared for the respindent State government and the police..[Read Judgment]