Crosspathy allowed in Tamil Nadu, High Court quashes criminal proceedings against Homeopathy doctor
o proceedings can be initiated against any of those registered practitioners in Siddha, Ayurveda, Homeopathy and Unani, who are eligible to practice irrespective of the respective system also with Modern Scientific Medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology etc
New Delhi: In a major decision relating to the issue of crosspathy, in particular, the practice of Allopathy by practitioners of Indian Systems of Medicine, the Tamil Nadu High Court recently quashed criminal proceedings against a Homeopathy doctor for practicing Allopathy Medicine.
In doing so, the HC bench comprising of Justice RMT. Teeka Raman laid reference on an order issued by the State Health Department back in 2010, where it had been mentioned that "the institutionally qualified Practitioners of Ayurveda, Sidddha and Unani, who are registered in the Tamil Nadu Board of Indian Medicine, Chennai are eligible to practice in the respective system with Allopathy based on the training and teaching they had in the Course. But they cannot exclusively do the practice in Allopathy Medicine."
The bench was considering a plea filed by a Homeopathy doctor, who after completing BHMS (Bachelor of Homoeopathic Medicine and Surgery), from the Tamil Nadu Dr.M.G.R.Medical University had registered himself in the Tamil Nadu Homoeopathy Medical Council. It had been alleged that the doctor was practicing Allopathy medicine. Consequently, when the Block Medical Officer of Government Primary Health Centre, Panamarathupatty conducted a raid at "Shree Senthil Balaji Polyclinic", the premises of the petitioner, it was found that the petitioner had been practicing Allopathy Medicine, despite the fact that he had studied BHMS Homeopathy Medicine. During the raid, Allopathy Medicine had also been seized from the petitioner doctor's clinic.
On the basis of this complaint, the State had registered an FIR against the doctor on 09.10.2017 under Section 15(3) of the Indian Medical Council Act, 1956 and under Section 420 of the Indian Penal Code. Challenging the same, the doctor moved the High Court and filed the plea under Section 482 of Criminal Procedure Code, praying to quash the Charge Sheet registered in the concerned case.
After taking note of the submissions, the HC bench took note of the circular issued by the State Health Department in 2010, in which the State had allowed institutionally qualified Practitioners of Ayurveda, Siddha and Unani practitioners, registered in the Tamil Nadu Board of Indian Medicine, to practice in the respective system with Allopathy on the basis of the training and teaching they had undergone. However, the circular had clarified that the doctors cannot exclusively practice in Allopathy Medicine.
Arguing that the petitioner Homeopathy doctor could use Allopathy medicines, the counsel for the doctor referred to a circular dated 19.06.2010 in this regard. In the said circular, the Director General of Police had clarified that Indian Medicine practitioners were eligible to to practice respective systems with modern scientific medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology etc based on the training and teaching.
Referring to this, the 2010 circular had stated, "In the reference cited, the Government have stated that the Police Department in the course of their action against the Quacks has inspected the clinics run by the registered medical practitioners in Siddha, Ayurveda, Homoeopathy and Unani and arrested some of them as if they had practiced Allopathy System of Medicine. The Government have informed that as per section 17(3) B of the Indian Medicine Central Council Act, 1970 the institutionally qualified practitioners of Siddha, Ayurveda and Unani Tibb Homeopathy are eligible to practice respective systems with modern scientific medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology etc based on the training and teaching."
"Hence all Commissioners of Police/Inspectors General of Police, Deputy Inspector General of Police and Superintendents of Police are requested to instruct the Police Officers in the Cities and Districts not to intervene with the practice of registered practitioners of Siddha, Ayurveda, Unani, Homeopathy and Naturopathy who are registered in the Tamil Nadu Siddha Medical Council, Tamil Nadu Board of Indian Medicine and Tamil Nadu Homeopathy Medical Council. If any cases of the Doctors who are already under arrest may be reviewed with reference to the above clarification," it had further directed the concerned police officials.
Taking note of this circular, the HC bench noted, "In the light of the said circular, it is imperative that no proceedings can be initiated against any of those registered practitioners in Siddha, Ayurveda, Homeopathy and Unani, who are eligible to practice irrespective of the respective system also with Modern Scientific Medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology etc,."
"Such registration of the medical practitioners with Tamil Nadu Siddha Medical Council, Tamil Nadu Board of Indian Medicine and Tamil Nadu Homeopathy Medical Council as well as such of those qualified doctors who were recognised as such by the Madurai Kamaraj University and Tamil Nadu Dr. MGR Medical University who have been qualified respectively in the system of bachelor of Siddha Medicine and Surgery," held the HC bench
Holding that the police did not comply with the 2010 circular while registering the case against the petitioner Homeopathy doctor, the HC bench observed, "In the said circular, a specific request has been made by the Commissioner of Police to his subordinates not to intervene with the practice of registered practitioners of Siddha, Ayurveda, Unani, Homeopathy and Naturopathy who are registered in the Tamil Nadu Siddha Medical Council, Tamil Nadu Board of Indian Medicine and Tamil Nadu Homeopathy Medical Council. Hence, it is clear that without following the said direction, the present case has been registered by the respondent police."
Apart from this the HC bench also referred to the judgment reported in CDJ 2010 MHC 6560. Referring to the previous order, the bench quashed the chargesheet against the doctor and noted, "In view of the settled preposition of law, as stated in the above decision and also taking note of the factual position that the petitioner herein is a qualified medical practitioner and after seeing the seizure mahazar, I find that the law laid down in the above said decision, squarely covers the factual position and therefore, I have no hesitation to quash the charge sheet. Accordingly, the Charge Sheet registered in C.C.No.8 of 2018, dated 25.01.2018 on the file of the learned Judicial Magistrate No.1, Salem, is quashed and the Criminal Original Petition is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed."
To read the HC order, click on the link below.
https://medicaldialogues.in/pdf_upload/madras-hc-crosspathy-182112.pdf
