ELECTROHOMOEPATHIC DOCTOR'S ASSOCIATION Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petition Nos. 7893 of 2002, 3261 of 2005, 7493, 13253 of 2007 and 7057 of 2009 challenging the decision of the Central Government dated 25.11.2003 and the directions issued by the Punjab Government on 29.10.2004, 1.3.2007 and consequent proceedings initiated against the petitioners either for practising the Electro -homeopathy system of medicine and/or establishing the institutes imparting courses in Electro -homeopathy system of medicines. Civil Writ Petition No. 6225 of 2007 is a writ petition filed in public interest claiming action against the institutes imparting education in Electro -homeopathy system of medicines.

(2.) FOR the facility of reference, writ petitions filed on behalf of the institutes claiming recognition and the right of the individuals to practise in Electropathy system of medicine shall be called 'the petitioners', whereas the petition filed in public interest as well as the State Governments, Central Government etc. shall be referred to as 'the respondents'. It is also undisputed that Electropathy or Electro -homeopathy is one and the same system of medicine. Some background & Facts A Division Bench of this Court in CWP No. 1696 of 1997 vide an interim order dated 4.11.1997 directed the State Government to weed out unregistered medical practitioners who are engaged in providing medical care without proper registration and appropriate qualifications. On 13.10.1998, this Court granted six months time to the respondents to implement the directions given earlier on 4.11.1997 while finally disposing of the matter. In pursuance of said directions, a circular was issued by the Director, Health and Family Welfare, Punjab on 12.3.1999, to all the Civil Surgeons in the State of Punjab, that action is required against the so called self styled Doctors under Section 15 of the Indian Medical Council Act, 1956 and under Section 26 of the Drugs and Cosmetics Act, 1950. It was circulated that if it is necessary, then help of the Station House Officers of the concerned area be taken to check unregistered medical practitioners. By another circular dated 17.10.2000, it was conveyed that if any unregistered medical practitioner is found doing medical practise, disciplinary action would be taken against the concerned medical officer. Electro -homeopathy Doctors Association Punjab filed a writ petition challenging the circular dated 17.10.2000. Learned Counsel for the State, made a statement in the said writ petition on 4.3.2002 to the effect that as per impugned instructions, action is required to be taken against those practising modern system of medicine without requisite qualification and registration under the provisions of the Indian Medical Council Act, 1956, and that the members of the petitioner Association are not to be affected by the impugned circular. The writ petition was disposed of in terms of the statement made by the learned State counsel. Thereafter, the Punjab Government on 25.03.2002 issued a circular to the effect that a practitioner doing practise in Electro -homeopathy are not covered under the instruction issued on 17.10.2000. The Government of India, Ministry of Health and Family Welfare, passed an order on 25.11.2003 to the effect that Electropathy/Electro -homeopathy are not recognized systems of medicines and the State Governments were directed to give wide publicity to the said decision of the Government of India. It was directed that the institutes under the State/Union Territory are not to grant any degree/ diploma in the stream of medicines which have not been recommended for recognition. The term "Doctor" can be used by the practitioners of recognized system of medicine only. As a consequence of the said decision of the Central Government, the Central Council of Homeopathy issued a circular on 30.12.2003, to all the State Councils and the State Governments to comply with the above orders of Government of India. On 5.4.2004, the Punjab Homeopathy Council decided in its meeting to request all the Administrative Heads/Deputy Commissioners/Senior Superintendents of Police/Sub Divisional Magistrates/Deputy Superintendents of Police to implement/comply the orders of the Government of India. The Government of Punjab issued a circular on 29.10.2004 to take necessary action against the Electropathy and Electro -homeopathy institutions and clinics operating in the areas under their respective jurisdiction. Punjab Government again issued a circular on 1.3.2007 to all the Deputy Commissioners and Senior Superintendents of Police to take necessary action against Electropathy/Electro -homeopathy institutes and clinics operating in the area as such stream of medicines have not been recommended for recognition and that the term 'Doctor' is to be used by the practitioners of recognized systems of medicine only.

(3.) IN pursuance of the above said direction of the Delhi High Court, a Standing Committee of Experts on Alternate Systems of Medicine under the Chairmanship of Director General, Indian Council of Medical Research, considered the issue of grant of recognition to Electropathy or Electro -homeopathy as a system of medicine. The said Expert Committee considered the essential criteria described as (1) Fundamental principles of health and disease must differ in concepts from those of recognized systems in the country. It should be a comprehensive systems of health care and not restricted to few diseases only; (2) Substantial literature on concepts, aetiology diagnosis and management of disease like textbooks including pharmacopoeia and formularies and preferably journals, if any should be available in the country of origin, and also in other countries, and in the countries where practised; (3) Whether it is recognized as a system of medicine in the country of origin and/or in any other country where it is currently practised; (4), Scientifically validated information on modalities of treatment may be by drugs, devices or any other methods such as diet, massage, exercise and how they differ from those in the existing approved systems of medicine; and (5) From the safety and efficacy point of view standardize methods of preparation of drugs/ devices used in the therapy and quality control of the same should be available. It also considered criteria described as desirable i.e. (1) Prescribed criteria for admission, curricula and training and details of such course and list of institutions in the country of origin/ countries where it is currently recognized system of medicine; (2) Details of continuing medical education programmes and available research/training facilities; and (3) To examine as to whether it can be taught in the recognized Institutions to produce Doctors/Practitioners in this system of medicine. The Committee in its detailed report in respect of Electro -homeopathy system of Medicine concluded as under: