In a significant order, the Allahabad High Court last week directed the Chief Medical Officers (CMOs) and the District Magistrates (DMs) to initiate prosecution against those ISM practitioners who administer modern medicine to their patients by prescribing drugs and carrying out surgeries in their nursing homes.
The Court also ordered to conduct raids in such nursing homes and prohibit those persons from practising modern system of medicine. The judgement said besides initiating prosecution, an FIR should be lodged and those clinics/nursing homes should be sealed. There were reports in the media that large number of unauthorized, unqualified and unregistered persons and physicians in homoeopathy, Unani, Ayurveda and Siddha are practising modern system in several places in the state.
In the judgement it is noted that there was allegation that the quacks were practising modern medicine in connivance with the chief medical officers and their staff.
In his judgement on the contempt application filed by one Rajesh Kumar Srivastava, Justice Sunil Ambwani also directed the chief secretary and the principal health secretary to comply with the earlier orders passed by the Court prohibiting those persons, who are unqualified and unregistered, from practising modern medicine. The court reminded the state’s chief bureaucrats of its earlier orders and directed them to submit a compliance report in the court by July 13, 2012.
In February 2010, in a similar case, the High Court of Madras in an order restrained the ISM practitioners from practising allopathic system. Passing the order, Justice K K Sasidharan had held that police could take action against those who practise modern system without qualification. Following this order, the state police had started widespread crack down on ISM practitioners for practising allopathy.
Desperate over the police action the traditional physicians approached the High Court and on July 30, Justice FM Ibrahim Kalifulla ruled that the registered practitioners in Siddha, Ayurveda, Homoeopathy and Unani were eligible to practice surgery, obstetrics and gynaecology, anaesthesiology, ENT, ophthalmology, etc. and said penal action against such practitioners should be dropped immediately. The court took note of section 17 (3) B of the Indian Medicine Central Council Act, 1970 to issue the order.
After the order came out, the state government wrote to the state police that the institutionally qualified and registered practitioners of Ayurveda, Siddha and Unani could practise their respective systems with modern scientific medicines including surgery, gynaecology & obstetrics, anaesthesiology, ENT, ophthalmology, etc. based on their training and teaching in the course. This was based on section 17 (3) B of the Indian Medicine Central Council Act, 1970.
Later the Tamil Nadu branch of the Indian Medical Association (IMA) appealed against the verdict before the High Court and the case is still pending with the court.
Source:Pharmabiz
The Court also ordered to conduct raids in such nursing homes and prohibit those persons from practising modern system of medicine. The judgement said besides initiating prosecution, an FIR should be lodged and those clinics/nursing homes should be sealed. There were reports in the media that large number of unauthorized, unqualified and unregistered persons and physicians in homoeopathy, Unani, Ayurveda and Siddha are practising modern system in several places in the state.
In the judgement it is noted that there was allegation that the quacks were practising modern medicine in connivance with the chief medical officers and their staff.
In his judgement on the contempt application filed by one Rajesh Kumar Srivastava, Justice Sunil Ambwani also directed the chief secretary and the principal health secretary to comply with the earlier orders passed by the Court prohibiting those persons, who are unqualified and unregistered, from practising modern medicine. The court reminded the state’s chief bureaucrats of its earlier orders and directed them to submit a compliance report in the court by July 13, 2012.
In February 2010, in a similar case, the High Court of Madras in an order restrained the ISM practitioners from practising allopathic system. Passing the order, Justice K K Sasidharan had held that police could take action against those who practise modern system without qualification. Following this order, the state police had started widespread crack down on ISM practitioners for practising allopathy.
Desperate over the police action the traditional physicians approached the High Court and on July 30, Justice FM Ibrahim Kalifulla ruled that the registered practitioners in Siddha, Ayurveda, Homoeopathy and Unani were eligible to practice surgery, obstetrics and gynaecology, anaesthesiology, ENT, ophthalmology, etc. and said penal action against such practitioners should be dropped immediately. The court took note of section 17 (3) B of the Indian Medicine Central Council Act, 1970 to issue the order.
After the order came out, the state government wrote to the state police that the institutionally qualified and registered practitioners of Ayurveda, Siddha and Unani could practise their respective systems with modern scientific medicines including surgery, gynaecology & obstetrics, anaesthesiology, ENT, ophthalmology, etc. based on their training and teaching in the course. This was based on section 17 (3) B of the Indian Medicine Central Council Act, 1970.
Later the Tamil Nadu branch of the Indian Medical Association (IMA) appealed against the verdict before the High Court and the case is still pending with the court.
Source:Pharmabiz
Comment by dr sk chaudhary
ReplyDelete2012-06-25 21:22:01
very disappointing order of allahabad high court against ayush doctors.it is a clear cut indication how allopathic doctor’s association(IMA/MCI) is afraid of the knowledge & skills of ayush doctors.IMA/MCI both are making all efforts to cut down the rights of ayush doctors by making continuous pressure on government,by misguiding courts & higher authorties to pass strict orders against ayush doctors ,and .No body is going through the syllabus of BAMS/MD/MS (ayurved) before passing any order against these doctors.according to syllabus we have studied ayurved with morden medicine and got 6 months training in district allopathic hospital as internship IMA/MCI both are manipulating & misleading courts and government and have misconception towards ayush doctors.its a monopoly of allopathic doctors.they are earning lot of money & making their son and daughters an allopathic doctor after paying a big amount as donation in private colleges of india & abroad(russia/china/kazakistan and many more places where language,diseases,climate all are different from our country.there is no facility&faculty for teaching &practical training properly. students are only passing time there & getting degree) at UG and PG level so that they earn more and more money from poor people of country.our government are welcoming such type of doctors in govt job and issuing licence to play with the health of citizens.and on the other hand ayush doctors who have studied & got traning in india from authorized institutions according to syllabus are job less,unauthorized,quacks,& govt has no budget for them &courts are passing continuously orders against them. what is this???? its a conspiracy of IMA/MCI, it is punishment to be an ayush doctor or its punishment for providing treatment on minimal cost to poor & low/medium class of society mostly living in rural areas where allopathic doctors never wish to go.More than 70% of our population is unable to pay high fees& costly treatment of such allopathic doctors.why judicial system &higher authorties of government are not solving this problem.govt is under pressure of IMA/MCI about threat to go on strike.ccim is totally failled body .it is effortless to save the rights of its doctors.it is only making syllabus but not pursuing it in front of court&government. it is injustice!!!!!!!!!!!!!!!!!!!!!!!!!!