The Supreme Court on Monday sought responses from the Ministries of Law, Health and Family Welfare, and AYUSH on a public interest litigation (PIL) seeking directions to declare AYUSH doctors as registered medical practitioners (RMPs) under the law, similar to allopathic doctors.
The petition also urges the court to direct the constitution of an expert committee to review and update the schedule of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, in light of scientific advancements. The objective, the plea states, is to regulate advertisements of medicines in certain cases more rationally.
A Bench comprising Chief Justice Suryakant and Justice Joymalya Bagchi heard the submissions of advocate Ashwini Upadhyay, who appeared for the petitioner, law student Nitin Upadhyay, and issued notice in the matter.
The plea seeks inclusion of AYUSH doctors within the definition of “registered medical practitioner” under Section 2(cc) of the 1954 Act. It argues that the law, enacted to curb misleading medical advertisements, is now being applied in a manner that restricts even scientifically valid information.
The petitioner contends that Sections 3(d) and 14 of the Act impose a blanket ban on advertisements related to serious diseases without distinguishing between false claims and authentic medical information. This, the plea claims, deprives the public of access to accurate information about available treatments and reflects the limitations of an outdated law.
