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Date posted: July 10, 2012

A person who does not have knowledge of a particular System of Medicine but practices in that System is a Quack and a mere pretender to medical knowledge or skill, or to put it differently, a Charlatan.

Homoeopaths has permissionto practice in HOMOEOPATHY ONLY, he was under a statutory duty not to enter the field of any other System of Medicine as,admittedly, he was not qualified in the other system,

Allopathy, to be precise. He trespassed into a prohibited field and was liable to be prosecuted under Section 15(3) of the Indian Medical Council Act, 1956. His conduct amounted to an actionable negligence particularly as the duty of care indicated by this Court

Merely because the Anatomy and Physiology are similar, it does not mean that a person having studied one System of Medicine can claim to treat the patient by drugs of another System which he might not have studied at any stage. No doubt, study of Physiology and Anatomy is common in all Systems of Medicines and the students belonging to different Systems of Medicines may be taught physiology and Anatomy together, but so far as the study of drugs is concerned; the pharmacology of all systems is entirely different.

Download the judgment : www.similima.com/pdf/supreme-court-homeopathy-allopathy.pdf

Thanks to Dr Jalam SIngh Rathore for providing the judgment copy

Related article
Legal aspects of allopathic hospitals employing AYUSH practitioners
http://www.aalatimes.com/2012/05/07/legal-aspects-of-allopathic-hospitals-employing-ayush-practitioners/

Comments

23 Responses so far.

  1. Dr Jalam SIngh Rathore says:

    I think one should quote the source from where you hd collected this decision copy.
    I think one deserve acknowledgement if he give you some thing useful, Dr Mansoor

  2. Judgement is to be respected, and Homoeopathic association National/International, the official in the Ayush department, need to address this problem raising from lack of confidence among our Homoeopathic practioners especially students , this should be taken very seriously, as it could effect the very existence- as happened in other countries.

    • samir says:

      Yes, Judgement is respected and Homoeopathic practioners must be take confidence in his medicine. Do not depend on other specially on alopathy medicine because you have got study and knowledge in particular field.

  3. dr sandeep mondal says:

    If a homoeopath can so confidently practice allopathy then why they so confidently can’t practice homoeopathy.this is the basic question of concern and the answer is they had never seen the efficacy of homoeopathic results in their hospitals when they are pursuing their studies in their respective colleges .we had travelled very far as compare to opening of new colleges but we are never concerned about the quality of education we are imparting to the new students.And this is the area where the problem is. An institution never accomplished with the buildings only but it is formed from the dedicated teachers and the hard working students ,who are seeing the execution of hahnemanian principles which are converted into brilliant cures repeatedly, during their entire journey of their graduation .but it had never happened in their entire journey so wher from the confidence come .so i think what we are seeing today is nothing but the effects of faulty education which has been imparted during their graduation.I’m sorry to say but the truth is that our councils has to be blamed for all this they have never taken any firm decision as far as closing of institution is concerned because in our field there should not be any second chance .if the code of conduct is strong then there will be negligible chances of getting wrong things done.

  4. Dr Sandeep says:

    A positive judgement. Need to have more dedicated and confident homoeopaths to stop using allopathy practice. CCH should concentrate on the quality education and training of homoeopathic college to produce real homoeopaths.

  5. Dr A.Jeevan Jaya says:

    The Judgement is very clear.It is not only homeopaths but also the qualified Ayurvedic practitioners also prescribing the allopathic medicines though they are not supposed to do so.This is because the lack of confidence in them or due to easy administration of allopathic medicines.The councils while giving the certificate of registration should clearly mention in that the certificate holder is entitled to practice in which he is registered and not in other system of medicines.

  6. Dr Swarup Kumar Ray says:

    I appreciate the the decision of supreme court .Has honarable supreme court mentioned that a allopath will never prescribe any ayurvedic drug?
    In pndt act 2003 there is no mention of bhms/bams doctor . whether they are elligible for radiology ,or pathology as spesalisation ,where no pharmacology is not required .

    Dr Swarup Kumar Ray
    BHMS (HONS MEDICNE)HMO

  7. Dr Swarup Kumar Ray says:

    How the ANMs are giving allopathic drug in sub centre ?
    Why institutionaly trained doctors are not elligible to give some emergency drug?

  8. Dr XYZ says:

    JOKE=
    In One movie one actor got injury from pistol shoot, having 2 wounds. In this condition Actress use to remove the bullets from his body using a knife.

    LESSON=
    Actress done surgery though she was not a doctor, because its for his life saving. So in Emergency situation Not a Homoeopath, anybody can perform surgery too, and supreme court can not stop them.

    DECISION=
    A List of criteria (mostly emergency)should be made immediately,A List of Allopathic medicines (mostly emergency)should be made immediately, for the life saving and implement them into effects, and should be given permission to BHMS, BAMS and also to General People.We all should come out of minor changes in the traditional system.

  9. If medical doctors of systems other than conventional medicine are allowed to practice conventional medicine, they are digging their own grave. In the long run, they will meet the same fate as ayurveda and ayurvedic doctors had in india. Beware Homeopaths

    legally, Ayurvedic doctors are allowed to prescribe life saving drugs only but those practising actually they are prescribing many more drugs. Sowly over the decades they lost the art and science of ayurveda. The great science of ayurveda from which modern day surgery is evolved. Homeopathy will meet the same fate if it goes the ayurveda way.

    This is a welcome news that homeopaths are not allowed to practice allopathy

  10. Allopathy system of medicine what have different ? A druds have some sort guideline to act in system. eg. paracetamole is use in fever, bone and muscular pain, body ache, head ache, arthritis, joint pain, or any kind of pain. whats in new. does can mentain according to weight. so where need pharmacology.All drugs are can be read in one week or sortly. so there is no great value of behin these drugs use by other pathy physians in imergensy.

  11. Dr.khills says:

    allowing allo practice will not definitely ruin our homoeopathic knowledge but surly add more stars to our way of practice thereby saving more ill peoples and lives.

  12. Dr.S.G.Biju says:

    We don’t want Allopathic Medicines to practice. Our patients doesn’t need it. Patients are reaching to Homoeopaths because of their aversion to Allopathic medicines and when they are faithless in Allopathic Medicines. Who is in need of such a verdict? Turn back to keralite Homoeopaths, how confident they are in their system and study from Keral Homeopathic patients how much faith they are having in Homoeopathy.

  13. dilip patil says:

    Dear Sir / Madam,

    My daughter is studid in BHMS course ,kindly let us know her scope of jobs after BHMS ,

    Kind regards,
    Dilip Patil

  14. ANSHU ASRI says:

    I wish to know if homoeopaths are legally allowed to prescribe/give over the counter drugs like paracetamole etc,

  15. dr.sharan k says:

    Dear friends, supreme court verdict is a wellcome news for we all homoeopaths.Though our homoeopaty is ablest system of medicine but most of homoeopath graduates are leaning to allopathy.coz our institutions has to take much blame for this.they just worry about getting passed in council inspections and for that they do lot of dummy work n show yes they got all infra structure to run a institution.but they lack very knowledgable an rollmodel teaching staff..In much of the institutions lectures were having total apathy for homoeopathy and they even donno basics of homoeopathy.Many a times lecture practices allopathy at night in his clinic and he come in morng to class to teah homoeopathy!!!! then a student under such institutions how can we expect he come out f colege n practice homoeopathy? they are the very responsible persons.yes ofcourse students too least bothered about system they wanna earn money as soon from the very day they earn a degree. we too can earn from homoeopathy.but our lack of knwledge doesnt yield the money.so they turn to easy system allopathy.

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