No Ban on Electro-Homeopathy but Practitioners Can't Use 'Doctor' Prefix: Allahabad HC
Allahabad: In a recent judgment, the Allahabad High Court bench clarified that even though Electro Homeopathy is not banned in Uttar Pradesh, such practitioners of electro-homoeopathy cannot use the 'doctor' prefix before their names.
Addressing the issue of Electro Homeopathy practice, the HC bench comprising Justices Vivek Chaudhary and Om Prakash Shukla noted that the practice will be governed by the Government order issued on 25.11.2003.
"Having traced the relevant orders and clarifications issued by the Central Government, State Government as well as the Supreme Court from time to time, this Court arrives at an inescapable conclusion that although no institution can confer a diploma or degree in Electro Homeopathy, however, as there is no ban, the petitioners can always practice Electro Homeopathy as an alternative therapy within the parameters of order dated 25.11.2003. This Court also finds that in the absence of any statutory provisions, there could not be any conferring of diploma or degrees in Electropathy or Electro Homeopathy in India, however, there is no bar in issuance of Certificate for the said study," the Court mentioned in the order.
This observation was made by the HC bench while considering a plea by the Electro Homeopathy practitioners, seeking permission to practice in Uttar Pradesh.
While considering the plea, the bench held
"...the petitioners can practice Electro Homeopathy so long as it is not banned by any competent authority. They, however, cannot use the prefix "Doctor" before their name."
The petitioners obtained a Certificate from the Count Mattei Association to practice Electro Homeopathy System of Medicines. According to the petitioners, by virtue of the said certificate, they are allowed to practice Electro Homeopathy System of medicine in Punjab, Delhi, Maharashtra, West Bengal, Kerala and other states. However, they claimed that with the said certificate, they were not permitted to practice in Electro Homeopathy System of Medicine in Uttar Pradesh as till date UP has not made any law in this regard.
Approaching the HC bench, they prayed for a direction for non-interference by the authorities and the consequential relief of permitting them to practice Electro Homoeopathy system of alternate Medicine in Uttar Pradesh till the competent authorities frame the rules in that regard.
They also prayed for quashing the order/circular dated 25.11.2003 issued by the Union Government and the Government Order dated 01.06.2004 issued by the State of Uttar Pradesh. Through the order dated 25.11.2003, the Union Government had clarified that Electropathy/Electro Homeopathy System of medicines were not recommended as an alternative system of medicines. It had also directed the institutes under the State/ Union Territories not to grant any degree/diploma in the various unrecognized streams of alternative medicines including Electro Homeopathy System of medicines.
Referring to the Government Order dated 21.06.2011, the petitioners' counsel argued that the order dated 25.11.2003 and order dated 05.05.2010 were instructions relating to practice, education and research for alternative system of medicine like Electropathy, Electro-Homeopathy etc. The counsel argued that as per the order dated 21.06.2011, there was no legal impediment in imparting education as long as no degree-diploma was awarded/issued for that course and that the Electro Homeopathy practitioners were not allowed to use the prefix 'doctor' before their name.
The petitioners' counsel also relied on the memorandum dated 13.04.2023 by the State Government, which said that the right to make rules and regulations for Electropathy was vested in the Central Government and if the Central Government made rules/regulations regarding this, the State would follow the same. It further mentioned that the State Government was not authorized to make/enforce rules/regulations regarding the practice, education, development and promotion of electro-homeopathy.
While considering the matter, the HC bench noted, "the right to make Rules and Regulations for practice for Electropathy including Electro Homeopathy is vested with the Central Government."
Further, the Court noted that the Central Government had not established any council for recognising the Electro Homeopathy system of medicine in the country and only various orders were issued by the Central Government in this regard from time to time.
Regarding the Government Order dated 25.11.2003, the Court observed that "Electropathy/Electro Homeopathy System of medicines was not recommended as an alternative system of medicines and all the State/Union territory Governments were directed to give wide publicity to the said decision of the Government of India and would also ensure that the institutions under the State/ Union Territories do not grant any degree/diploma in the various unrecognized streams of alternative medicines including Electro Homeopathy System of medicines, which have not been recommended for recognition and the term ‘Doctor’ can be used by the practitioners of the recognized system of medicines." However, the Court noted that they did not put any restriction on practising the said alternate method of treatment.
The High Court also observed that through the order dated 05.05.2010, the Union Health Ministry, Department of Health Research, Government of India clarified that "there is no proposal to stop persons like the petitioners from practising in Electropathy or imparting education" as long as it was done within the provision of the order dated 25.11.2003.
Further, the bench observed that following the Allahabad High Court's order in the case of Electro Homeo Medical Association of India Vs. State of U.P. & others, the Central Government considered the representation submitted by the Secretary of Electro Homeo Medical Association of India, Lucknow and issued an order dated 21.06.2011, clarifying that the Ministry of Health and Family Welfare order dated 25.11.2003 and the order dated 05.05.2010 would be treated as instructions of the Government of India, related to the practice of education and research concerning alternative system of medicines like Electropathy, Electro Homeoopathy etc.
The Court also referred to the Supreme Court order in the case of Sutapa Singh Vs. State of U.P. and others, where the Apex Court allowed the appellant to provide alternative therapy i.e. Electro Homeopathy as there was no ban by any competent authority. Back then, the Supreme Court had clarified that the practice of electropathy or imparting education should be done within the provisions and parameters of the order dated 25.11.2003 issued by the Central Government.
Relying on these judgments, orders and clarifications issued by the Central and State Government and the Supreme Court, the High Court bench concluded that although no institution can confer a diploma or degree in Electro Homeopathy, as there was no ban, the petitioners could always practice Electro Homeopathy as an alternative therapy within the parameters of the order dated 25.11.2003.
"This Court also finds that in the absence of any statutory provisions, there could not be any conferring of diploma or degrees in Electropathy or Electro Homeopathy in India, however, there is no bar in issuance of Certificate for the said study," observed the Court.
"In view of the aforesaid, it is held that the petitioners can practice Electro Homeopathy so long as it is not banned by any competent authority. They, however, cannot use the prefix “Doctor” before their name. Accordingly, a direction for noninterference by the respondents/authorities concerned and consequential relief of permitting the petitioners to practice Electro Homeopathy system of medicine in the State of Uttar Pradesh, till the rules in that regard is framed by the competent authority, is also issued," it further mentioned in the order.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/allahabad-hc-electro-homeopathy-238990.pdf
