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No Action against AYUSH for practicing allopathy: Supreme court

No Action against AYUSH for practicing allopathy: Supreme court

NO Coercive Action against ISM practitioners for practising Modern Medicine, says Supreme Court

New Delhi: In a major interim relief to practitioners of Integrated Systems of Medicine (ISM), who indulge in the practice of modern system of medicine and then face legal action including arrest warrants for violations of law, the Supreme court has recently held that no coercive action shall be taken against such practitioners no coercive action shall be taken against persons till a decision is reached by the hon’ble court in the matter.

The court was responding to the plea made by All India Indian Medicines Graduate Association which had filed an SLP challenging the 2016 Delhi HC order that clearly stated that ISM practitioners cannot prescribe allopathic medicines. Seeking interim relief, Sr Advocate Harish Salve who was appearing for association stated that while the during the pendency of the matter with the Supreme Court, practitioners of ISM were facing actions including penal action from the police for prescribing allopathic medicines.

The court providing interim relief to such practitioners noted,

“In the meanwhile, no coercive action shall be taken against persons who are practising the Integrated System of Medicine pursuant to degrees/diplomas that have been obtained from Universities which are recognized for teaching the same.”

Informing Medical Dialogues team about the hearing, Adv Ashish Kothari of Krida Legal, the lawyer representing allopathic practitioner association stated,” The matter came up for hearing before Hon’ble Mr. Justice Rohington Nariman and Hon’ble Ms. Indu Malhotra for admission hearing. Mr. Harish Salve, senior advocate appeared for petitioners. He informed the court that FIRs are being filed against practitioners of integrated medicine pursuant to Delhi high court order and requested for an order to protect practitioners of integrated medicine from coercive action. The Hon’ble Court acknowledged that the issue in question has been going on since last several years and needs consideration. Accordingly, the Hon’ble Court granted leave to the Petitioners and admitted the SLP. The Hon’ble Court further directed that during the pendency of the matter, no coercive action should be taken against practitioners of integrated medicine.”

This is an interim relief till the Hon’ble Supreme Court decides on the matter,” Kothari explained

Medical Dialogues team had earlier reported that In 2016, the Delhi High Court, responding to this age-old debate of whether ISM practitioners can prescribe Allopathic medicine had clearly held that “no practitioner of Indian System of Medicine or holding a qualification as listed in the Schedule to the Indian Medicine Central Council Act, 1970, even if it be of in integrated medicine as defined in Section 2(h) of the Delhi Bharatiya Chikitsa Parishad Act, 1998, is entitled to practice modern scientific system of medicine as defined in the Indian Medical Council Act, 1956 read with Indian Medical Degrees Act, 1916 and as has come to be known as Allopathic system of medicine.”

Read Also: BIMS, BUMS, BAMS cannot prescribe allopathic medicines: High Court

Challenging this judgement in the Supreme Court, the petition filed by ISM practitioners pointed out that practitioners of Integrated systems of medicine undergo training in both Modern Medicine and Indian System of Medicine during their course of study also referring to definitions in Section 2(b) and 2(h) of Delhi Bharatiya Chikitsa Parishad Act, 1998 (DBCP Act, 2018)

Source: self
25 comment(s) on No Action against AYUSH for practicing allopathy: Supreme court

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  1. user
    dr mahebub Shaikh... October 10, 2018, 11:04 pm

    Very good decision of favour of our nation at primary and in emergency treatment in peripheral area…I M A JUST doing their buiseness of oppose any statement in favour of Ayush…

  2. All suppoters all allopathy just ponder for a second and ask yourselves who saved the lives of their forefathers till about a century ago the one who was there since 5000 years ago or or the new born child One must always be grateful to our elders ( Ayurveda) Beta khabi baap se bada nahi ho sakta Hum they isleye aaj aap ho Ghamand to ravan ka bhi nahi tika Our past was glorious and our future is bright and at present we are present everywhere Sataye mev jayate

  3. Sir this is a totally senseless comment and totally out of context. There was no allopathic treatment available in ancient times. This doesn\’t mean we can allow cross pathy

  4. This all antisocial things can be stopped after 2019 , if all responsible citizens vote for wright candidates….

  5. Speak truth that you yourself takes non allopathic medicines when you’re sick ???

  6. Yess..saved our forefathers with allopathic medicines I suppose..if unable to treat and respect ones own system of medicine why study and practice that system.. instead abolish it and start following the present indemand allopathic medicine thereby destroy the very essence of our ancestoral medicinal system and be forgotten for good.True practitioners of the versatile Ayurveda knows that faith in our system and strict practices inculcated in this system alone works..all others are in their own way different and do not deserve to be merged

  7. ISM people shud take NEET, qualify for MBBS and then practice… If u ism graduates are taking crosspathy as easy way… Then remember u are not doing it legally… Neither harish salve can help you win… Wrong is wrong..

  8. MBBS k saath me exit test karalo sab clear ho jayega kon eligible hai Allopathy k liye failure to MBBS bhi ho sakte hai aur MBBS se achha BUMS, BAMS bhi kar sakte hai jo govt. colleges me combined ebtrance ke dwara admission liye hai jaise BCECE, AMU, NIUM.
    Baki old students of government colleges ka sabhi doctors ko nahi kah sakte hai and private colleges wale chahe MBBS ho ya BUMS, BAMS 80 percent are doubtful.

  9. Then a sc/st candidate or MBBS doctor from private medical college with money should not practice alopathy due to very poor merit. 😑

  10. user
    Dr. Subhash Waghe October 7, 2018, 8:03 am

    Allopathy is nothing but the enriched version of Ayurveda. Hence, practice to modern medicine in modern era is a right if every Ayurveda graduatw.

  11. user
    Dr Awanesh kumar October 5, 2018, 4:04 pm

    The decision is not for better future for the AYUSH system. It wll be harmful to the qualitative value of AYUSH System.
    Dr Awanesh BHMS

  12. user
    siddhartha karmakar October 7, 2018, 5:40 am

    isliye homoeopathy abhitak scientific treatnent hai….proof nahi kar paye hain…..isliye pichhe hi rahoge