RAJESH KUMAR SRIVASTAVA Vs. A P VERMA

JUDGEMENT

(1.) THE proceedings in this contempt petition were initiated, to enforce and to monitor the orders passed by Hon'ble Supreme Court in D. K. Joshi v. State of U. P. , (2000) 5 SCC 80, by which the Supreme Court had taken notice of the distressing situation of public health in the state of U. P. and inaction of the State Government to stop the menace of the unqualified and unregistered medical practitioners proliferating all over the State. The Supreme Court had directed to Secretary, health and Family Welfare Department. State of U. P. to take all necessary steps to stop the unqualified and unregistered medical practitioners in carrying on the medical profession and the District magistrates and the Chief Medical Officers were directed to identify within a time limit to be fixed by the Secretary, Health and Family welfare Department, all the unqualified and unregistered medical practitioners and to initiate legal action against these persons immediately. The Secretary was required to give publicity to the names of such persons. All the District Magistrates and Chief Medical officers were required to monitor the action taken against such persons.

(2.) A Contempt Petition No. 292/2001 filed by Sri Rajesh Kumar srivastava in the Supreme Court was dismissed on 8-10-2001, with liberty to move to the High Court for the relief sought for. Consequently Sri Rajesh Kumar Srivastava, a Public Spirited Citizen and a Reporter of National Daily (Rashtriya Sahara) approached this court and that is how these proceedings were initiated in which about 20,000 unregistered medical practitioners have been identified and criminal prosecutions have been started against them. During the course of proceedings the Court has issued orders for registration of all the qualified and authorised medical practitioners in the State with the chief Medical Officers of the concerned Districts and has passed several orders in the last two years for identifying and to stop the unauthorised medical practitioners. Directions have also been issued to improve the public health facilities with special emphasis to health care system in rural areas as the surveys and reports demonstrated that wherever the public health system has failed the quacks have proliferated.

(3.) IN this Miscellaneous Application, the Court has been called upon to consider and decide whether 'faith Healing' practiced by the unqualified and unregistered persons with no fixed identity and qualifications at all at a public place after charging consideration amounts to unauthorised medical practice (quackery) and whether such practice is permissible under our Constitutional and Legislative scheme.