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PC Agrawal (PCS)     12 May 2013

Homoeopaths can’t take up allopathy, orders court

REVIEW PETITION

Homoeopaths can’t take up allopathy, orders court

Rosy Sequeira TNN Mumbai:

The Bombay high court on Friday stayed its earlier order permitting homoeopathic doctors having degree of LCEH (licentiate of the court of examiners in homeopathy) to practise allopathy. Reviewing their April 15, 2013, judgment, a division bench of Justice S J Vazifdar and Justice Mridula Bhatkar stayed the order to the government to amend the schedule of the Maharashtra Medical Council Act to allow LCEH doctors to practise allopathy.

The Maharashtra Medical Council and Indian Medical Association had filed the review petition, stating that under the provisions of the MMC Act 1965, homoeopaths having this degree cannot practise as allopathic doctors. Senior counsel S U Kamdar, along with advocate Chirag Kamdar, said homoeopaths cannot be permitted to practise modern medicine unless they are registered with the MMC and the government could not amend the schedule of the MMC Act without prior consultation of the MMC. Advocate Ashutosh Kumbhakoni, appearing for the LCEH Doctors’ Association, defended the April 15 verdict, saying that as homeopaths do an integrated course with one subject as general medicine, they are entitled to practice allopathy. “Even otherwise, they have been practising allopathy for all these years,’’ he added.

Staying their order, the judges said if homoeopaths practise modern medicine, then they will do so at their own risk. But additional government pleader G W Mattos submitted that the government will allow homoeopaths to practise allopathy. The judges clarified that the government is free to go ahead and amend the schedule to allow homoeopaths to practise allopathy.

Source: Times of India, Mumbai 11/5/2013



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 1 Replies

Tajobsindia (Senior Partner )     12 May 2013

Way back in 1996 the Hon'ble Supreme Court held that a doctor cannot practice different systems of medicine, e.g. a Allopathic doctor cannot practice Homeopathic or Ayurveda. The Supreme Court held a Homeopathic doctor criminally liable for practicing Allopathy and directed Medical Council to punish the doctor for violating Medical Council of India Act. The doctor was sentenced to 3 years imprisonment by the Medical Council of India.

Ref.: Poonam Verma Vs. Ashwin Patel and Ors. [1996 AIR 2111; 1996 SCC (4) 332; JT 1996 (5) 1 ; 1996 SCALE (4) 364]


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