Indian System of Medicine not Getting Audience Internationally for Want of Adequate Research: Madras HC

Madurai: Emphasizing the need for research in the field of the Indian System of Medicine, the Madras High Court bench recently observed that due to the failure to conduct any clinical trial and adequate research, this medicinal system is not getting the required audience internationally.

"The fact remains that even after 75 years of independence, we have not conducted any clinical trial and got recognized / approved in this system of medicine. For want of adequate research, our system of Medicine is not getting required audience at the international level," observed the Madurai bench of the High Court further adding that "The development of Indian System of Medicine would not only benefit the mankind, but also take the pride of this country to the entire world."

These observations were made by the HC bench comprising Justices SS Sundar and B Pugalendhi while considering a plea by the Tamil Nadu Government praying to the court to lift the prohibition order allowing the demolition of the old Government Siddha Medical College at Palayamkottai. The State Government proposed setting up a University for the Indian System of Medicine in Chennai.

Although the HC bench praised the State for its attempts to introduce Tamil Nadu Siddha Medical University Act 2022 it further suggested the State to reconsider its decision to set up the new University in Chennai.

"...while lauding the Government for having initiated steps to bring-in a legislature, viz., Tamil Nadu Siddha Medical University Act, 2022, which is now said to be pending with the Hon'ble Governor for his assent, we request the Government to reconsider the decision of establishing the Siddha University near Chennai and shall find a suitable place near the Western Ghats where this system actually blossomed and where it can reach its glory. The development of Indian System of Medicine would not only benefit the mankind, but also take the pride of this country to the entire world," observed the bench.

"Even during the British period, the Indian System of Medicine, including Siddha, was recognized as a medicine in the Government Indian Medical School, which was established in the year 1924. Unfortunately, there is no proper patronage after independence. The first College for Siddha was established in the year 1956 at Courtallam on the Western Ghats, realizing the importance of a college for Siddha only on such places like Courtrallam or Pothigaimalai. However, now the policy decision has been taken to establish the University near Chennai, in a 30 acres of land," it further noted.

The Government Siddha Medical College at Palayamkottai is the first of its kind in Siddha medicine in India. Although originally the college was functioning at Courtallam, it was later shifted to Palayamkottai in November 1964 as a temporary measure.

However, the temporary campus did not have the required land as per the Indian Medicine Central Council Act. Further, the college also lacked proper infrastructure including an herbal garden, playground, and auditorium for the Students. This resulted in an agitation by the students demanding the necessary infrastructure.

The agitation of the students drew the Government's attention and the State assured that necessary infrastructure would be made available to them. Therefore, the State mooted the proposal to set up a separate University for Siddha and other systems of Indian Medicine.

Back in 2014, during the Golden Jubilee Year of the institute, the State proposed to demolish the Pediatric Ward, Green House, Car Shed etc. to set up a Golden Jubilee building. Meanwhile, since no action was taken to construct a separate university, a former student approached the High Court, which in turn directed the State to implement the Government Order for setting up a separate university.

However, without proceeding with the establishment of the University, the State attempted to renovate the existing building at Palayamkottai. Therefore, the same petitioner i.e. the former student of Government Siddha Medical College filed another plea as a Public Interest Litigation for a mandamus forbearing the officials from demolishing the existing building at Government Siddha Medical College, Palayamkottai, till such time they establish a University for Indian Medicine at Chettikulam, Tirunelveli District.

Subsequently, the Court passed an order forbearing the State from demolishing existing buildings. Following this, the State filed the plea before the High Court praying to modify the earlier order and enable the Government to demolish the building.

While considering the matter, the HC bench noted that the college was allowed to continue in the temporary place for the past 60 years for the convenience of the professors and the staff. Further, the bench observed that the present main campus at Palayamkottai is less than 5 acres which is inadequate for a Siddha Medical College.

"Even during the year 2012, the Central Council for Indian Medicine refused permission to the Government Siddha Medical College, Palayamkottai, on the ground of lack of infrastructure. The Students approached the Principal Seat of this Court and by order dated 12.03.2012, this Court set aside the order of the Central Council of Indian Medicine and saved the institution," noted the Court.

The bench observed that the State itself has admitted that the space available in the existing campus was very limited, there was no scope for expansion and they cannot comply with the norms laid down by the Central Council of Indian Medicine.

"When the Government has taken such a stand in the earlier writ petition, we are not able to understand as to why they are keen in spending more amount to the existing campus, which would not fulfill the requirements...Any further spending of money in the existing place would not serve the purpose for which the College was established. This System of Medicine emerged from the Western Ghats and the space originally identified at Courtallam has to be restored by utilizing the funds available for renovating the College," observed the bench.

Ruling that the existing campus can be used as a Siddha Hospital and the college has to be established in the original place at Courtallam or at the place which was initially identified for Siddha University at Chettikulam, the bench ordered, "Decisions have to be taken in the interest of the Society at large, instead of the convenience of the Professors and Staff and therefore, we are not inclined to modify the earlier order dated 15.12.2020. The existing campus can be used as a Siddha Hospital and the College has to be established in the original place at Courtallam or at the place which was initially identified for Siddha University at Chettikulam, which meets the present norm requirements and also have sufficient scope for future expansion as well."

Regarding the State's proposal for setting up the University in Chennai, the bench noted, "We feel that the projects are often taken to Chennai for the convenience of the Administrators, rather than the requirements of the projects. Siddha medicine is basically of herbs, which would be available in plenty in forests. Not only the College, the University also requires a proper infrastructure of sufficient land space with a garden of medicinal plants and sufficient space for research facilities. By providing proper infrastructure alone, the required object can be achieved."

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/madras-hc-indian-system-of-medicine-234932.pdf

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