Court Orders

  • In 1977, the “30th World Health Organisation ( WHO) assembly adopted a historic resolution urging interested Governments to give” adequate importance to the utilization of their Traditional systems of medicines with appropriate regulations to suit their National Health Needs. Both developing greater interest and awarness in using traditional and indigenous health care resources in the implementation of their National Health Programmes. It has also emphasised the need for Alternative / Traditional medicines to be evaluated given due recognition and developed so as to improve its efficacy, safety availability and wider application at low cost and advocating for the incorporation of these medicine in the Government health Systems so that health can be provided to all by 2000 A.D. Most of the advanced and developed countries have already accepted these resolutions and have set up various Research Institutions for Alternative Medicines in their countries and have accepted this medicines as an Universal Remedy. The WHO Experts have reported that there are about 152 Alternative Systems of Medicines in the world. Which are being practiced presently in various countries including India such as Acupuncture, Acupressure, Ayurveda, Aromatherapy, Bio- chemic , Bach Flower Remedies , Magnet therapy, Electro- homoeopathy etc.,
  • Indian Medical Council Act 1956 - scope of the ACT - A System of Medicines known as Alternative System of Medicines devoid of any therapy by Chemicals and a System to get cure by controlling diets, sense and curing does not contravene any provisions of the Act.
  • Indian Medical Degrees Act - 1916 - confering , certificates, diplomas, degrees, to successful students taught to cure diease by controlling diet, breathing etc, without any chemical therapy is not illegal. It contravenes no provision of the Act.
  • Thus Ayurveda and Homoeopathy which are recognised by the two Acts of 1971 and 1973 mentioned above are infact system of Alternative Medicines. They were recognised by parliamentary acts only as recently as the begining of the last decade. But before they were practiced only as system of Alternative Medicines without any formal recognition by the Indian Medical council or any University.
  • The Hon’ble Deputy Minister for Health and Family Welfare, Govt. of IndiaSri Paban Singh Ghotowal has given his statement which has been published in “Pioneer Kanpur” on 07.08.1995 stating that “ The Government of India is going to create seperate Department to be headed by a Secretary to popularise and promote various alternative system of Medicines in India”.
  • The Hon’ble High court of Calcutta in its final Judgement “ Constitution writ Jurisdiction” matter no 546 of 1988 dt. 07.05.1990, which has been reported in Calcutta Law Journal 1991 ( 2) CLJ Page No.173 to 187 held the following important points regarding the constitutional rights and legal validity of Alternative systems of Medicines in India.
  • The Hon’ble High court of Karnataka in its final judgement writ petitions no.17534 - 96 / 94 and no 36960 /94 noted the constitutional validity of section 16(2) , 16(2A) etc., in order to develop, propagate and promote any alternative systems of medicines no permissions is required under any statute.
  • The Hon’ble supreme court of Delhi, stated in its final judgement of a case on alternative system of Medicine that “the Judegement of Hon’ble High court of Delhi must be strictly followed by the Govt. of India within Eight weeks” to regularise and recognise the alternative system of medicines.
  • It is especially in such a context that alternative medicines are relevant as they are a cost - effective medical science for one and all. It has the advantage of being for more inexpensive than modern medicine, has virtually no side - effects is more acceptable to people.

Government Letters To Download

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