Right To Life In Jeopardy Because Of AYUSH 'Doctors' Practising Modern Medicine: SC Issues Notice On Plea By Association Of Medical Consultants

A Division Bench of the Supreme Court of India on Monday issued notice on a writ petition filed by the Association of Medical Consultants, Mumbai challenging the constitutionality of specific provisions of the National Commission for Indian System of Medicine Act, 2020 and the National Commission for Homeopathy Act, 2020 as well the 2020 amendment to Regulation 10(9) of the Indian Medical Central Council (Post Graduate Ayurveda Education) Regulation, 2016. These provisions, introduced in 2020, formed the keystone of the Centre's decision to integrate different kinds of alternative medical systems, such as Homeopathy and Ayurveda with modern or mainstream medicine, commonly referred to as Allopathy, by allowing practitioners of alternative medicine to hold office as surgeons and practice modern medicine, and in certain cases, be trained in and perform a number of surgeries. The Union Government has claimed that this integrative health system, christened 'One Nation One Health System' would promote "inclusive, affordable, evidence-based, person-centric healthcare" and help address the nationwide shortage of doctors. However, the government's push for what has been pejoratively termed "mixopathy" or "crosspathy", has been criticised by doctors and medical associations. In the present petition, AMC Mumbai has also claimed – "The nature of injury caused to or likely to be caused to the public is grave and bearing serious repercussion on public health, medical infrastructure and right to life including the right to correct and prompt medical aid as enshrined under Article 21 of Constitution of India." The Bench comprised Justices Hemant Gupta and Sudhanshu Dhulia. Background In 2020, the Parliament enacted the National Commission for Indian System of Medicine Act, 2020 and the National Commission for Homoeopathy Act, 2020 which allowed practitioners of the Indian System of Medicine (including Homoeopathy) to hold office in the capacity of a surgeon and practice modern medicine. The National Commission for Indian System of Medicine Act, 2020 has repealed the erstwhile Indian Medicine Central Council Act, 1970. In the same year, the Central Council of Indian Medicine (CCIM), which is the statutorily constituted body under the Ministry of AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homeopathy), promulgated the Indian Medicine Central Council (Post Graduate Ayurveda Education) Amendment Regulations, 2020, authorising post-graduate practitioners in shalya and shalakya streams of Ayurveda to be trained to perform 39 general surgery procedures and 19 other procedures such as excisions of benign tumours, nasal and cataract surgeries, excision or amputation of gangrene, excision of benign lesions, cysts, or tumours of the breast. As a result of this amendment, the post-graduate scholars of these streams were authorised to independently perform these surgeries or procedures after the completion of their degree. Although the Indian Medicine Central Council Act has now been repealed, the regulations framed under it shall remain in force and continue to operate till new regulations are formulated under the National Commission for Indian System of Medicine Act. These provisions have been introduced by the Bharatiya Janata Party-led government to inaugurate an integrated system of medicine, to be fully in place by 2030, that combines modern and traditional systems of medicine. However, critics and analysts have noted that there is a lack of unanimity and coherence between states, the Central government and within the National Medical Council on this issue. The Madras High Court in 2018, while quashing the criminal proceedings against a doctor registered with the State Homeopathy Medical Council who was found practising modern medicine, held that registered AYUSH practitioners were eligible to practice "Allopathy medicine" if trained along with their respective systems, but not exclusively. [R. Senthilkumar v. The State, 2022 LiveLaw (Mad) 325] The matter has been agitated again by the Association of Medical Consultants, which is an association of specialist doctors in Mumbai, comprising eleven thousand members. The petitioner has approached the apex court praying for certain provisions of the aforesaid Acts and regulations to be struck down. Grounds of Challenge The petitioner has challenged Section 34 of the National Commission for Indian System of Medicine Act, 2020, Section 34 of the National Commission for Homeopathy Act, 2020 as well the 2020 amendment to Regulation 10(9) of the Indian Medical Central Council (Post Graduate Ayurveda Education) Regulation, 2016. The petitioner, while noting that the purpose of the impugned legislations was to fill up the shortages of doctors in India by merging alternative medicine with mainstream medicine, has claimed that the legislations have failed to keep a check on incidents of ...

Right To Life In Jeopardy Because Of AYUSH 'Doctors' Practising Modern Medicine: SC Issues Notice On Plea By Association Of Medical Consultants

Awstika Das

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