Madras HC issues notice on appeal seeking permission for AYUSH doctors to perform ultrasound on pregnant women

Chennai: The Madras High Court issued notices to the officials of the central and the state government on Thursday while hearing a writ appeal filed by Tamil Nadu Ayush Sonologist Association over not allowing AYUSH doctors to perform ultrasound or ultrasonograms and other diagnostic procedures on pregnant women.  

The association had filed the appeal against a single judge verdict by Justice S.M. Subramaniam in May, who had held that degree holders under Ayurveda, Unani, Homeopathy, Siddha and Naturopathy are not entitled to perform ultrasonogram or ultrasound techniques and related diagnostic procedures on pregnant women.

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The court had rejected the stand of the National Commission for Indian System of Medicine had stated that the graduates can perform the procedures since the BAMS, BUMS, and BSMS courses cover the basics of ECG, USG, X-ray, CT scan, and MRI. 

He had held that the AYUSH medical practitioners are not entitled to perform the procedure as they are not authorised under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. 

The notices were issued by the First Division Bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu to the Union Ministry of Health and Family Welfare, Ministry of AYUSH, Central Council of Indian Medicine, Director of Medical and Rural Health Services and the Tamil Nadu Board of Indian Medicine among others. The officials have to file a response by 25th September 2023, as per a media report in the Hindu. 

The counsel for the petitioner, senior counsel Nalini Chidambaram said that there would not be any harm in allowing the petitioners to perform the procedures as long as they do not perform sex determination tests. She reiterated the stand taken by the National Commission for Indian System of Medicine who had held that the basics are already covered in the syllabus of the Ayush doctors. She contended that doctors under the Indian systems of medicine should be allowed to perform ultrasound techniques. 

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