ELECTROPATHY MEDICOS OF INDIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner before us is a society registered under the Societies Registration Act and the Bombay Public Trust Act, 1950. The petitioner society claims that it has been established with a view to promoting and developing the so called new branch of medical science called "electropathy" which is distinct from other medical sciences like allopathy, Ayurved and Unani. The petitioner is conducting 3 years diploma course in Bachelor of Electropathy, Medicine and Surgery (B. E. M. S.) and one year diploma course in M. D. E. H. for degree holder in Allopathy, Ayurved etc. The petitioner claims that it is a perpetual institution to which several colleges/institutions imparting education and training in electropathy system are affiliated.

(2.) IN effect and in substance what is sought in the petition is that the petitioner should be allowed to conduct the courses in the subject called electrohomeopathy/electropathy without any let or hindrance from the Government or any statutory authority and to confer diplomas and degrees pursuant to such courses being conducted by the petitioner. In particular, exception is being taken to an order dated 17-11-1987 issued by the Deputy Director, Homeopathy, Maharashtra State to the effect that the course of electropathy/electrohomeopathy is not recognised either by the State Government or Central Government and that such courses should be immediately closed. It is alleged that pursuant to the said order dated 17-11-1987 the Sub-Divisional Officer, Malkapur directed to close one of the colleges affiliated to the petitioner namely Datta Medical College of Electropathy at Malkapur.

(3.) IT is averred in the petition that electropathy is most efficacious amongst the systems of treatment. To quote the words of the petitioner, "electropathy is uptodate, harmless, natural, and scientific system of medicine. " It is stated that this system was invented by Dr. Count Mattei in 1865 in Italy based on the principle of "complexa, Complix and Curantur" which means that our complex body requires complex medicines to cure the diseases. It is stated that in electropathy system medicines are selected according to the similarity and theory propounded by Dr. Mattei is that all diseases find their origin from the vitiation of blood and lymph in human organism and electropathy medicines have maximum capacity to renew the lymph and blood. Then, in paras 3 and 4 of the petition alleged added advantages of the electropathy system are narrated. It is emphasised that the medicines are cheap and inexpensive and they have no side effects on human body. It is also contended that electropathy is distinct and independent of Homeopathy system which is founded by Dr. Hahnemann.