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2007 DIGILAW 1737 (DEL)

WING COMMANDER H. M. SETHI v. U. O. I MIN OF HEALTH AND F. W. GOVT OF INDIA Nirman BHAWAN NEW DELHI

2007-08-29

SANJIV KHANNA

body2007
MUKUNDAKAM SHARMA, CJ, J. ( 1 ) THIS writ petition is filed by the petitioner praying for a direction to the respondents to control and regulate various unrecognised streams of alternative medicines. The present petition is directed particularly in respect of the stream of "alternative medicines" known as Electropathy / Electro homoeopathy. ( 2 ) IN support of the statements made in the writ petition, counsel for the petitioner has brought to our notice the decision of this court, which the petitioner has termed as a historic judgment, in CWP No. 4015/1996 titled Wing commander (Retired) H. M. Sethi v. Ministry of Human Resources and ors. disposed of on 18th November, 1998. He has submitted before us that this Court had issued clear mandate and directions for controlling and regulating unrecognised stream of "alternative medicines" like electropathy and electro homoeopathy. ( 3 ) WE have considered the submissions in the light of the documents available on record. The directions issued by the Division Bench of this Court are contained in the operative portion of the judgment. According to the petitioner, directions contained in the judgment have not been implemented by the respondents. ( 4 ) ON going through the records we find that subsequent to the disposal of the aforesaid writ petition, the Government of India, Ministry of Health and Family welfare considered and took note of the directions and the observations made by the Division Bench in the aforesaid judgment dated 18th November, 1998. Pursuant thereto, the Ministry of Health and Family Welfare constituted a committee of Experts for examining the issue and claims of the so-called alternative Systems of Medicines. The said Committee consisted of various eminent Doctors and Directors of various Laboratories and Research Centres. The said Committee was entrusted with the responsibility to examine as to whether or not Alternative Systems of Medicine is a well established system of medicine and as to whether or not the same could be controlled and regulated as well as feasibility of enacting legislation and need to prescribe minimum standards of eduction and regulation of such institutes. The terms and references are contained in the order which is Ex. 5 placed on record. The terms and references are contained in the order which is Ex. 5 placed on record. ( 5 ) THE said Committee, after due deliberations and consideration of the entire issue, submitted its recommendations to the Government on the efficacy / merits of various streams of alternative medicine and also examined the issue with regard to the feasibility of making an appropriate legislation, as suggested by the High Court. The Committee has given exhaustive suggestions as is reflected from the order of the Ministry of Health and Family Welfare dated 25th november, 2003. The Committee felt that different streams of "alternative medicines", other than already recognised systems of Ayurveda, Siddha, Unani, homoeopathy, Yoga and Naturopathy, lack essential and desirable criteria for recognition as a system of medicine. Certain other practices as Acupuncture and Hypnotherapy, which qualified as modes of therapy, could be allowed to be practised by registered practitioners or appropriately trained personnel. So far the other streams of medicine are concerned, the Committee suggested that they cannot be recognised as separate Systems and 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 recognised by the government of India. ( 6 ) THE Government carefully examined the said report of the Committee and accepted the report to the effect that Ayurveda, Siddha, Unani, Homoeopathy and yoga and Naturopathy, which fulfilled the essential and desirable criteria developed by the Committee, would continue to get recognition as system of medicine and certain other practices as Acupuncture and Hypnotherapy, which qualified as modes of therapy, can be allowed to be practised by registered practitioners or appropriately trained personnel. ( 7 ) EXCEPT for the aforesaid practices and forms of alternative medicines, the other systems were not given any recognition and, therefore, to control and to regulate the entire situation, the Government issued directions that the State and the UT Governments would give wide publicity to the decision of the government. It also issued directions to 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 the practitioners of recognised system of medicine. It also issued directions to 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 the practitioners of recognised system of medicine. ( 8 ) THE aforesaid decision is a conscious and considered decision of the government, which was on the basis of recommendations made by an Expert committee constituted by it. The Court cannot act as an appellate body over the findings and the recommendations given by the Expert Committee, which have been accepted by the Government. Therefore, we do not find any merit in the contentions of the counsel for the petitioner that the Government has failed to exercise control and has not taken notice and implemented the directions given by this Court in the judgment dated 18th November, 1998. The petition is dismissed.