Stay ‘shielding’ quacks vacated after 10 yrs

The interim stay granted in 2006 restraining the Union and State Governments from enforcing the penal provisions of the Indian Medical Council Act and the Drugs and Cosmetics Act against these ‘quacks’ has been vacated. 

Justice P N Prakash on vacating the interim stay as well as dismissing the plea moved by Private Medical Practitioners Association of India and four others, said “Persons claiming to have practical experience in modern scientific system of medicine ganged up to form an association and have filed this petition. When the petition came up for admission on April 6, 2006, a single judge of this court granted interim injunction as prayed for and thereafter, the case never saw the light of the day, until it was resurrected from the labyrinth of the record room. Thanks to the orders of the Chief Justice the case has been posted for disposal before this court as a ‘Specially Ordered mater’ this year”. 

The judge on slamming the members of this association and certain others for successfully thwarting all attempts by police to check their illegal practice of modern medicine by taking umbrage under the order of interim injunction, said “As long as these practitioners practice in the respective system of medicine in which they were qualified, there was no problem. Only when totally unqualified persons claim themselves as doctors and prescribe medicine in the systems of medicine in which they were not qualified, be it allopathy or otherwise, on the assumed claim of experience, the problem crops up.” 

“Similarly, when those qualified in a particular stream of medicine encroaches into a different domain and prescribes medicines not relating to their domain, the state’s intervention becomes imperative, “the judge added. 

However, when counsel for these practitioners referred to the single judge’s order giving certain protection to native doctors, he said the single judge had also held that they should not use the prefix ‘Dr’, that they should register themselves with respective district collectors and they should add an expression ‘unqualified medical practitioners’ (UMP) after their names. “When this is not followed, police action cannot be questioned,” the judge said, dismissing the petition. 

The association had submitted that its members have rich experience in curing diseases and some of them also have the requisite qualification in alternative system of medicine and therefore, the police cannot prosecute them.