In a latest ruling, Delhi courts bars them from prescribing allopathic drugs

NEW DELHI : Ayurved, unani and homeopathy practitioners prescribe Allopathic medicine despite not being qualified to do so and despite half a dozen High Courts ruling that they cannot, the latest ruling coming from Delhi High Court last Friday.

In a major decision impacting 7.9 lakh registered homeopathy, ayurved and unani doctors and many more unregistered, Delhi High Court barred them from prescribing the Allopathic medicines to patients, holding that they can be prescribed by only doctors registered in the state medical register under the Medical Council of India (MCI) Act.

Though the Bench of Chief Justice G Rohini and Justice Rajiv Sahay Endlaw gave the ruling on a PIL (Public Interest Litigation) by Delhi Medical Association to stop the alternative medicine practitioners from including allopathic medicines in their prescriptions, a High Court verdict automatically becomes applicable across the country until stayed by the Supreme Court.

The High Court held in its 47-page order that it cannot allow the alternative medicine doctors to “play havoc with the health and lives of citizens of the city.”

It declared that no practitioner of the Indian system of medicine or holding a qualification as listed in the Indian Medicine Central Council Act, 1970, even if qualified in integrated medicine, is entitled to practice modern scientific system of medicine as defined in the IMC Act 1956, read with the Indian Medical Degree Act, 1916.

The PIL was filed to challenge a notification by the Central Council of Indian Medicine (CCIM) issued on May 19, 2004 which created confusion as the practitioners of the Indian system of Medicine cited it to claim a right to practice in the Allopathic system of Medicine. They harped on the notification stating that “the qualified practitioners of Ayurvedic/Unani/Siddha/Tibb are eligible to practice respective systems of modern scientific medicine.”

In fact, persons having a degree in Indian system of Medicine tried to claim themselves as qualified MBBS doctors.

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