'IMA Also Needs To Put Its House In Order' : Supreme Court Flags Complaints Of Unethical Conduct By Allopathic Doctors

While hearing the contempt case against Patanjali Ayurved over publication of misleading advertisements in violation of a court undertaking, the Supreme Court on Monday (April 23) cautioned the petitioner-Indian Medical Association also with regard to complaints of unethical practices by allopathic doctors.

The bench of Justices Hima Kohli and Ahsanuddin Amanullah asked the IMA to get its "house in order".

"While the petitioner is pointing fingers at the respondent, other four fingers are also pointing at you because members of your Association have been busy endorsing medicines to their patients...for consideration which are not without any...", Justice Kohli told Senior Advocate PS Patwalia (appearing for the IMA).

Justice Kohli further asked Patwalia as to how many times the complaints were brought to notice and what the IMA was doing with respect to such member-doctors. In response, the Senior Counsel replied the IMA was "cleansing across the Board" and would look into the allegations.

Asking why the Court should not bring the IMA as well under scrutiny, Justice Kohli said, "[this] is a question we need to ask you too...It's not going to be all just that there are FMCGs, there is you and your members who are prescribing medicines on the strength of recommendations made for which there is valuable consideration - from what we understand...If that's happening, why shouldn't we turn the beam at you?"

It was further clarified that the Court was not looking at the violations of Patanjali alone: "there are others on the other side who may not be before us but after going through the kind of coverage that has recently been brought to our notice of the misrepresenting advertisements for things which are food for babies, for children (which we now understand are under scrutiny by Union), Union will have to tell us something about it".

In the order, the Court made the following observation regarding IMA :

"We are of the opinion that the petitioner(IMA) also needs to put its house in order. There are several complaints that are made with regard to alleged unethical acts of members of the petitioner-Association who prescribe medicines to the patients in the line of treatment...wherever there is misuse of their position, in recommending highly expensive medicines and/or extraneous medicines for valuable consideration".

Notably, the Court impleaded the National Medical Commission to render assistance, when it was pointed out that all allopathic doctors are registered with it and as such it would be in a better position to suggest a solution/give data.

Also from the hearing : 'Is Your Apology As Big As Your Advertisements?' : Supreme Court Asks Patanjali Ayurved

Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022

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