Recent criminal charges against a doctor who was discovered practising allopathy medicine and was registered with the State Homoeopathic Medical Council were dismissed by the Madras High Court stating that based on their course training, registered homeopathy and ayurveda practitioners in Tamil Nadu are permitted to practise allopathy. The matter was between Dr.R.Senthilkumar v. The State and others (Crl. O.P. No.23128 of 2018) and was presided over by Hon’ble Mr. Justice RMT. Teekaa Raman.
FACTS OF THE CASE:
A raid was conducted in the premises of the petitioner namely, “Shree Senthil Balaji Polyclinic” found that the petitioner having studied BHMS Homoeopathy Medicine had been practising in Allopathy Medicine and seized Allopathy Medicine from the clinic of the petitioner. Thereby, a complaint was registered against the petitioner under Section 15(3) of the Indian Medical Council Act, 1956 and under Section 420 of the Indian Penal Code. Challenging the same, a Criminal Original Petition is filed.
JUDGMENT:
The Hon’ble Court observed and agreed that the petitioner had completed BHMS (Bachelor of Homoeopathic Medicine and Surgery), from the Tamil Nadu Dr.M.G.R.Medical University and registered himself in the Tamil Nadu Homoeopathy Medical Council and thus, the petitioner is a registered medical practitioner in Indian System of Medicine.
The court took notice of the circular wherein the Government had held that as per section 17(3) B of the Indian Medicine Central Council Act, 1970 the institutionally qualified practitioners of Siddha, Ayurveda and Unani Tibb Homeopathy are eligible to practice respective systems with modern scientific medicine including Surgery and Gynecology Obstetrics, Anesthesiology, ENT, Opthalmology, etc based on the training and teaching.
Based on the training and instruction they received throughout the Course, it was noted that practitioners of Homeopathy, Ayurveda, Siddha, and Unani who are registered with the Tamil Nadu Board of Indian Medicine are qualified to practise in the aforementioned systems alongside Allopathy. The court did issue a warning that these people could not only practise allopathy.
The court deemed it fit to quash the charge sheet against the petitioner and thus allowed the plea of the doctor.
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JUDGMENT REVIEWED BY ADITI PRIYADARSHI
