Madras High Court Orders Police Action Against Unqualified Alternative Medicine Practitioners, Says State Must Act Against Unrecognised Institutes

Justice SM Subramaniam said it is the duty of the State to ensure that these unrecognised institutions are dealt with properly and such invalid diploma certificates are cancelled.

"Health being an integral part of Article 21 of the Constitution of India, the 'State' is duty bound to ensure that the unrecognised institutes are dealt with properly in accordance with law and the invalid diploma certificates issued by those unrecognised medical institutions are cancelled and the persons secured such certificates are prevented from practising medicine in the society."

The court thus directed the Director General of Police to issue appropriate circulars to all District Superintendents of Police and Commissioners of Police and other competent authorities to conduct periodical inspections and collect information regarding unregistered/unrecognised medical practitioners. The court also suggested taking legal action against such practitioners in accordance with law.

In the present case, the 61 petitioners claimed that they were practicing alternative medicine like Acupuncture, Electropathy, Hypnotherapy, Egnettherophy and Yoga etc. They had obtained diploma in Community Medical Service Certificate Course (CMS). The petitioners approached the court when they were obstructed by the Police from practicing alternative medicine. The petitioners thus sought for directions to the police not to obstruct their practice and further to recognise their medical practice.

The court noted that the right to practice medicine was given only to qualified practitioners. In the present case, the petitioners had not registered themselves as per the provisions of the Indian Medical Council Act 1956. Though the petitioners claimed that they had obtained diploma certificate from National Board of Alternate Medicine, the legality of the same had to be enquired into, the court said.

The court added that since the petitioners do not have a valid medical degree or enrolment as medical practitioners, they are not entitled to practice medicine. The court thus directed the authorities to ensure that the petitioners do not continue practice in any form of medicine

"The writ petitioners herein are neither holding any valid medical decree nor their names are enrolled as medical practitioners in the Tamil Nadu Medical Council. Thus, they are not entitled to practice alternate medicine or any other practice in the medical field."

Case Title: Periya Elayaraja and others v. The District General of Police and others

Citation: 2023 LiveLaw (Mad) 95