RECOGNITION & COURT ORDERS
RECOGNITION & COURT ORDERS
“NO HARASSMENT TO ALTERNATIVE MEDICAL PRACTITIONERS,HON’BLE SUPREME COURT OF INDIA”
Latest; Contents of judgment of Hon’be supreme court of India .Dated:24.11.2000
Permission/Registration from MCI/CCIM is not required to practice the Alternative system of medicine as per their letters NO.MCI-7(10)/2016-RTI/109694/CCIM-20-50/2016(RTI)IV
No. 1-11011/1/2017-HR/eoffice-3099521 Government of india, Ministry of Health & Family Welfare (Department of Health Research)
THE ORDER ISSUED BY GOVT.OF INDIA (MINISTRY OF MH&FW) DEPARTMENT OF HEALTH RESEARCH NO. V.25011/276/2009-HR Dated.05.05.2010&C.30011/22/2010-HR Dated 21.06.2011.
( In the judgment and order Date 18.11.1998 in F.A.O. NO.205/92)
For want of certain clarification etc. Delhi govt. & union of India (ministry of Health & family Welfare) has filled an appeal (SLP) in the Hon’ble supreme court of india challenging the order of Hon’ble Delhi high court DT.18.11.1998 upon hearing on 12.11.2000.the Division bench of Hon’ble justice R.C.Lahoti & Hon’ble justice Shivraj V.Patil has rejected the plea of Delhi Govt.& union of india and finally on 24.11.2000 the bench of the Hon’ble court comprising justice Rajendra Babu and B.N.Agarwal has directed to entertain the matter and SLP filled by petitioner (Delhi Govt.&union of india) has been dismissed.the Hon’ble supreme court of india also maintained that status quo of Hon’ble Delhi high court (FAO 205/92) DT.18.11.1998 by which it has been ordered that any legally constituted institution imparting Education facilities in the field of Alternative medicines may issue Diploma/certificate and holder of such diploma/certificate are entitled to practice the particular faculty/faculties covered by the said diploma/certificate.
1. According to the judgment of high court chennai, planing commission Report &the letter of Govt.(No.110/8/4/77 MPT /ME(P)1979& No.4-6/70 MPT of Govt.of India) the RMP certificate holder can practice in alternative medicine only he can’t practice in surgery, obstetrics & radiation therapy in any for. He can not prescribed any medicine include’s ‘G,’H,& “L ,of drugs & cosmetic Rules 1945 and other Dangers drug at any cost.
2. Indian Medical Council Act 1956 – scope of the ACT – A System of Medicines known as Alternative System of Medicines devoid of any therapy by Chemicals and a System to get cure by controlling diets, sense and curing does not contravene any provisions of the Act.
3.Indian Medical Degrees Act – 1916 – conferring , certificates, diplomas, degrees, to successful students taught to cure disease by controlling diet , breathing etc, without any chemical therapy is not illegal. It contravenes no provision of the Act.
4. He/She should not prefix ‘Dr.’ before their name unless they are holding other degrees like MBBS, BAMS, BHMS, BSMS, BNYS, BUMS, BDS or PhD. They are free to work as therapists, as per the Government Order No.14015/25/96 – U & H(R) Ministry of Health & Family Welfare, New Delhi Govt. Of India dated 25.11.2003.
5. 14-02-2003 Hon’ble Supreme court of India and Medical Council of India have declared that, those who are having community Medical Science & ED Certificate (CMS) of Rural medical practitioner (RMP) can do Practice on 42 drug groups of life saving drugs in Allopath. They can only practice in deep rural areas where there is no doctors available. “Strictly not in Urban areas”.