Unqualified persons cannot claim any right to practice alternate medicine: Madras HC orders crackdown on unrecognised institutes, practitioners

Chennai: Denying any relief to altogether 61 practitioners of alternative medicine, the Madras High Court recently clarified that unqualified persons cannot claim any right to practice alternate medicines as its result can be disastrous. With this, the bench ordered the State to take action against unrecognised medical practitioners and institutes.

"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," observed the bench of Justice SM Subramaniam.

The court directed the authorities not to allow the petitioners to continue their medical practice either in alternate medicine or in any other form of medicine in the absence of any valid medical certificate and without their names being registered in the Tamil Nadu Medical Council.

Further, the bench expressed its concern about unrecognised institutes conducting six months medical courses and issuing diploma certificates. In this regard, the bench directed the Director General of police to issue circulars to all District Superintendents of Police and Commissioner of Police and other authorities for conducting periodical inspections, collect information regarding unregistered or unrecognised medical practitioners and initiate action against them.

The plea was filed by altogether 61 practitioners of alternative medicines like Acupuncture, Electropathy, Hypnotherapy, Egnettherophy and Yoga etc. After completing the Community Medical Service Certificate Course (CMS), the petitioners obtained a Diploma in CMS. The concerned course was for a period of six months which which included teaching and training classes. According to the petitioners, they gained experience in examining, diagnosing and treating the patients.

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However, the petitioners submitted that they are being obstructed by the Police authorities and other medical departmental authorities while practising alternate medicine in their respective locations. Since they were intercepted periodically, they submitted a representation to the Government for recognising their medical practice which is otherwise in accordance with the course undergone by them.

The counsel for the petitioners contended that they have completed six months Community Medical Service Course which is a Diploma Course and after that, they continued to practice medicine. So, the authorities must be retrained by the Court from initiating action against the petitioners while practising alternate medicine in their alternate locality.

On the other hand, the additional Government pleader contended that the petitioners are unqualified since they have not undergone any recognized medical courses. It was further submitted on behalf of the government that the concerned Diploma in Community Medical Services Certificate course issued by the National Board of Alternate Medicine is not a recognized institute itself, but a private institute. Therefore, such diplomas conducted for six months cannot be considered as a valid course for the purpose of granting permission to the petitioners to practice alternate medicine.

Further the Government submitted that the petitioners have not defined the alternate medicines or explained their idea of medical practice. They generally contended that they are practising alternate medicine which cannot be accepted. With this the Government authorities argued that the treatment provided by the petitioners cannot be trusted upon and unqualified persons like the petitioners cannot be permitted to treat the patients which would be disastrous and therefore, the plea should be rejected.

Taking note of the matter, the Court opined that even though alternate medicine is available across the country, the right to practice it was given only to qualified practitioners. In this case, the petitioners were not registered as per the provisions of the Indian Medical Council Act 1956. As per Section 15(2) (b) “no person other than a medical practitioner enrolled on a State Medical Register shall practice medicine in any state”.

Observing that the legality of the concerned diploma certificate course needs to be probed, the Court noted,

"In the present case, the certificate issued by the National Board of Alternate Medicine and its legal validity are to be enquired into by the Police Authorities. The said National Board of Alternate Medicine, granting diploma certificates for six month course or in accordance with the Statutory provisions and in consonance with the guidelines issued by the Medical Council of India are also to be looked into. If any violations, illegalities, irregularities are identified, then all necessary and suitable actions are to be initiated."

Further clarifying the need to investigate if unrecognised institutes are issuing diploma certificates, the bench observed, "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 on getting such medical certificates, practising alternate medicine or not," it further noted.

Therefore, the court issued the following orders:

(1) The relied as such sought for in the present writ petition stands rejected. 
(2) The 1 st respondent / Director General of Police is directed 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. 
(3)The respondents are directed to ensure that the petitioners do not continue their medical practice either in alternate medicine or in any form of medicine hereinafter in the absence of any valid medical certificate recognised under the Statute and Rules in force and without their names being registered in the Medical Council of Tamil Nadu.

To read the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-order-205767.pdf

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