A LEGAL OVERVIEW
In this process Govt. has considered the Orders dated 18.11.98 of the Hon’ble High Court of Delhi in CWP No.4015/96 & OM NO.8468/97, which has inter-alia, directed the Central / State Govts., to consider making legislation to grant of licenses to the existing and new institutes etc. to control & regulate the various “unrecognized” streams of alternative medicines and also to give adequate publicity through media informing public about the registered Alternate Medical Practitioners and alternative medical institutes.
The Government constituted a ‘Standing Committee of Experts’ under the Chairmanship of Director General, Indian Council of Medical Research and members were drawn from various fields of medicine to consider and give its recommendations to the Government. On the efficacy / merits of various streams of alternative medicine and also examine feasibility of making legislation as suggested by the Hon’ble Court. The Committee developed essential & desirable criteria for grant of recognition to a new stream of medicine and analyzed the different streams of ‘Alternative medicine’ viz Ayurveda, Siddha, Unani, Homoeopathy, Yoga & Naturopathy, Elecropathy / Electro homoeopathy, Acupuncture, Magnetotherapy, Reiki, Reflexology, Urine Therapy / Autocrine Therapy, Hypnotherapy, Aromatherapy, Color Therapy, Pranik Healing, Gems & Stone Therapy and Music Therapy.
The Committee has recommended that certain practices, not included in Ayurveda, Siddha, Unani, Homeopathy and Yoga & Naturopathy, such as Acupuncture and Hypnotherapy which qualified as modes of therapy, could be allowed to be practiced by registered practitioners or appropriately trained personnel, which were found to fulfill the essential & desirable criteria developed by the Committee for recognition of a system of medicine. The Committee further suggested that all those Systems of Medicine not recognized as separate Systems should not be allowed to continue full time Bachelor and Master’s degree courses and the term “Doctor” should be used only by practitioners of Systems of Medicine recognized by the Government of India. Those considered as Mode of Therapy can be conducted as Certificate courses for registered medical practitioners to adopt these modes of therapy in their practice, whether modern medicine or Indian Systems of Medicine and Homoeopathy. After carefully examining the various recommendations of the Committee, the Government accepted these recommendations of the Committee. Accordingly, it is requested that the State/UT Govt. may give wide publicity to the decision of the Govt. They may also ensure that Institutions under the State/UT do not grant any degree / Diploma in the stream of medicine which have not been recommended for recognition and the term ‘Doctor’ is used by practitioners of recognized system of medicine
(Government of India, Ministry of Health & Family Welfare (Research Desk) Order dated 25th November 2003, bearing No. R.14015/25/96-U&H(R) (Pt)
!!!! No Harassment to Registered Alternative Medical Practitioners !!!
The Police is having no right to injunct or prevent the Practitioner from practicing the Alternate System of Medicine within the scope of the Certificate. Non-compliance amounts to Contempt of Court (In the judgment and Order dated 18.11.1998 in F.A.O. NO.205/92 of the Hon’ble Supreme Court of India)
Legality, Validity & Utility of the training courses, practice and research in the field of Alternative Systems of Medicines are in strict conformity with the Constitution of India as per Article 19(1)(g) of the Constitution of India and the laws of the land.
Successful and trained students of the Council can practice and profess the various systems of Alternative Medicines as per the Rules and Regulation of the Indian Board of Alternative Medicines anywhere in India.
The Hon’ble High Court of Calcutta passed an Order of “Status quo” in favour of Indian Board of Alternative Medicines against the respondents namely (Department of Home (Police), Union of India; Department of Health and Family Welfare, Union of India; Medical Council of India and others). Hence the practitioners of Indian Board of Alternative Medicines can practice Alternative System of Medicines without any interference by the above named respondents.
Registration from Medical Council of India (MCI) is not required to practice the alternative systems of medicines.