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Quacks cannot escape criminal proceedings, implies HC

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Chennai: Taking a very tough stance against quackery as well as crosspathy, the Madras High Court, has refused to quash Criminal proceedings against a Siddha Practitioner who had claimed to be possessing “divine powers”, including mystical powers, to cure all diseases.

The order came with regards to court cases, which were filed in 2010 against one Vijayakumar, a Siddha Practitioner who had appeared in a television programme claiming his ‘magical powers’ to cure ills, and stating he had the grace of Goddess Meenakshi. Following the claims, many patients approached him and had paid huge sums of money demanded by him for curing their ailments. In one of the cases, his daughter and son-in- law joined him in fleecing those who came for treatment. When the victims realized that they were being taken for a ride, an FIR was registered and Vijayakumar was arrested reports  the Hindu.

Recently, during the hearing on one such cases, the counsel for the practitioner submitted that the doctor had returned the money to the complainants and hence, the prosecution against him and the co-accused must be quashed.

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The court however, taking a strong stance refused to quash any criminal proceedings against him, rather directed the central crime branch police Chennai to expedite the investigations against the accused.

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The court observed

…..On a reading of the FIRs in each of the cases, this court finds that each of the victims had approached Vijayakumar with serious ailments… he had relieved them of huge sums of money……..

…..Return of money cannot efface the offence of fraud and cheating committed by quacks…….

During the proceeding the issue of quackery as well as crosspathy came up, with the Vijayakumar stating that he was a qualified siddha doctor and that he could not be prosecuted for an offence under the Medical Council of India Act for practising allopathy, as he did not practice allopathy.

Rejecting his defense, the court stated, “The issue as to whether a native doctor can practice Allopathic treatment or any other system of medicine came up for consideration before the Supreme Court in Private Medical Practitioners Association vs. State of Tamil Nadu and others [(S.L.P. (Civil) Nos.1162 of 2004) which made it clear that these doctors cannot be permitted to practice either modern medicine or any other system of medicine.”

“Since each of the FIRs discloses commission of fraud and cheating, the same cannot be quashed in the light of the law laid by the Supreme Court in State of Haryana vs. Bhajan Lal [1992 Supp (1) SCC 335],” the court said.

Source: with inputs
3 comment(s) on Quacks cannot escape criminal proceedings, implies HC

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    dr usual Kumar ghosh October 9, 2016, 2:27 pm

    Quack have political clout

  2. in India , every thing will be possible .. In a present trend , Those who are qualified , fail to enter the particular field .. Especially in medical field , politicians interfere and try to make a big profit which is unimaginable to pay by normal economic people..Those politicians does not have any awareness of medical knowledge nor they are doctors .Most of the colleges in India are private which is not recognized by WHO or IMED (international medical education directory). On other hand , Foreign medical graduates are blocked by unfair and non transparent exam . Exam conducted by National board of examination (NBE) . level of examination are above pg level in the name of MBBS. NBE fail to maintain blueprint given by information bulletin . NBE fail to provide question paper and answer key after examination session complete. NBE states that if the question paper and answer key given to students , then it will create a negative impact on public . NBE also state that question paper and answer key can\’t be given since there exists a limited subjects and question banks . For Indian medical medical graduates , They are conducted with only 5 subjects for final year exam. Foreign medical graduates are conducted with 21 subjects varying from 1st year to final year. so Syllabus are not limited. More over NBE deny to provide information without giving any reason through RTI (Rights to Information )and CIC (Central information of commission ).In front of court , NBE stated that they conducts fair and transparent exam , but behind the screen , they conducts this exam more worst. Medical council of India fail to provide study resources to student attending FMGE. And MCI comparing their standards with US , UK , Canada , Aus and NZ. By recognizing these English country , India is still not able to increase the number of doctors . Education cost is about more than a crore. Those English countries are meant to settle for Indian doctors. They never return to India back . So India is not benefited by Recognizing USA , UK , CANADA, AUSTRALIA and NZ.
    so how MCI and NBE can name foreign medical graduates are quacks by conducting unfair and non transparent and by keeping more garbage in their own country ? . Both MCI and NBE has damaged the name of Foreign medical graduates by spreading Rumors in Newspapers that all doctors graduated from Russia , China , Ukraine and Philippines are quacks. When the same conditions for Indian medical graduates , MCi is keeping their mouth shut. They never take any action quickly to reform . If they conduct FMGE transparently and systematically, Easily they can increase the doctor :patient ratio .
    I would like to compare Foreign medical institute with Indian medical institute. Foreign medical institute in Russia , Ukraine follows Bologna Process ie European Education pattern .It has a good lab facility and syllabus updates every 5 year. Every student in Russia and Former USSR has to attend classes and clear all oral test in order to get permission for writing semester exam . Student has to pass state exam during final year and then he is awarded with General MD Physician. Philippines follows USMLE pattern for education . All the hospitals are 1000 bedded and are well equipped . Teacher is to student ratio is 1: 10 to 15 and are practical oriented . Not theoretical oriented
    In India , the syllabus was lastly updated on 1994 . very top 20 medical colleges have good facility , but most of the colleges in India doesnt have good facility. Education system in India is not Uniformly maintained compared to Russia , Ukraine ,China and Philippines.. Teacher is to Student Ratio is 1 : 100 and are Theoretical oriented . Not practical oriented.
    So Politicians in India along with MCI and NBE cleverly managing their profit by obstructing Foreign medical graduates from Registering as a practitioner by failing them in FMGE .
    Most of the foreign medical graduates turning quacks due to loss of continuity of practice after graduate leading to Frustration and Drug addiction and suicidal attack . This is all due to stumbling block so called MCI screening test.

  3. Bravo doctor well written, its sad to see the state of affairs in India. If you really look at the ratio of qualified doctors to quacks, you will be amazed to see quacks more than qualified doctors. Every patient has started approaching other pathies because of the bad name being given to the allopathic medicines. Where as these quacks by the same allopathic medicines powder them and charge a phenomenal amount which we can\’t even imagine. The misuse of cough syrup & steroids has reached phenomenal heights. All the administrative machinery turns a blind eye towards these quacks as they are all receiving their packets. All rules are in books they are brought to highlight if the required amount of bribery doesn\’t reach them. Mera Bharat Mahan

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