: The practitioners of Indian systems of medicine, such as Ayurveda, Siddha, Tibb and Unani, cannot practise modern scientific system of medicine, including prescribing allopathic medicines, the Delhi High Court has ruled in a significant judgment. The verdict came on a public interest litigation filed by the Delhi Medical Association (DMA).
“Allowing persons not holding qualification in modern scientific system of medicine to practise the said system of medicine, which is contrary to law, can play havoc with the health and lives of citizens of the city,” said a Division Bench of the court in its judgment delivered on Friday.
The Bench, comprising Chief Justice G. Rohini and Justice Rajiv Sahai Endlaw, held that a person holding qualification in Indian medicine, even if it is a degree in integrated course, could not be registered under the Medical Council of India Act.
The DMA, an association of registered medical practitioners of allopathic system of medicine affiliated to the Indian Medical Association, said in its petition that the practitioners of “Bharatiya Chikitsa” in the Capital were prescribing allopathic drugs, jeopardising the health of residents of the city.
The petition pointed out that the Delhi Bharatiya Chikitsa Parishad (DBCP) was relying on a Section of the DBCP Act, 1998, defining “integrated medicine” to claim that its members were entitled to prescribe allopathic drugs.
In its 47-page judgment, the court said those having qualification in integrated medicine under the DBCP Act could make use of the modern advances in various sciences such as radiology report, X-ray, complete blood picture report, Lipids report, ECG, etc., for purposes of practising in their own system.
“To hold otherwise would blur the otherwise well defined boundaries between the two systems of medicine,” said the Bench.
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 integrated medicine, is entitled to practise the allopathic system of medicine, ruled the court.
The court directed the authorities concerned with the enforcement of the Indian Medical Council Act, Delhi Medical Council Act, Indian Medicine Central Council Act and the Delhi Bharatiya Chikitsa Parishad Act, to not allow any person holding qualification in Indian medicine to practise the allopathic medicine system.
