CHENNAI: The Madras high court has held that institutionally qualified AYUSH practitioners are eligible to practise allopathy along with their respective systems of medicine.
But they cannot practise allopathy medicine exclusively, said Justice R M T Teekaa Raman.
Citing a state government circular dated October 15, 2010, the judge said: “In the light of the circular, it is imperative that no proceedings can be initiated against any of those registered practitioners in siddha, ayurveda, homeopathy and unani who are eligible to practice, irrespective of the respective system, modern scientific medicine including surgery and gynaecology obstetrics, anaesthesiology, ENT, ophthalmology etc.”
The judge was passing the order quashing a criminal proceeding initiated against a homeopathy doctor R Senthilkumar for practising allopathy. The Salem police raided his premises in October 2019 and seized allopathy medicines from him.
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Senthilkumar relied on the circular which said: “Institutionally qualified practitioners of ayurveda, siddha and unani, who are registered in the Tamil Nadu Board of Indian Medicine, Chennai, are eligible to practise in the respective system with allopathy based on the training and teaching they had in the course. But they cannot exclusively do the practice in allopathy medicine.”
Moreover, in the circular, a specific request had been made by the commissioner of police to his subordinates not to intervene with the practice of registered practitioners of AYUSH who are registered in the Tamil Nadu Siddha Medical Council, Tamil Nadu Board of Indian Medicine and Tamil Nadu Homeopathy Medical Council.
Hence, it is clear that without following the direction, the present case has been registered by the Salem police against the petitioner, the court said and quashed the proceeding pending against the petitioner.
On October 9, 2017, Salem police conducted a raid on the premises of the petitioner and found that the homeopath had been practising allopathy and seized allopathy medicine from the clinic.
Based on a complaint from the block medical officer an FIR was registered against the petitioner under Section 15(3) of the Indian Medical Council Act and Section 420 of IPC.