Hakim, Vaids cannot prescribe allopathic medicines: Delhi HC

Medical practitioners efficient in allopathic and homeopathic medicine systems are cropping up in and around the National Capital. The problem of quacks and people, who, on the pretext of being “ experts” in medicine, distribute medicines, is also rampant in various parts of the country, not just the Capital. The Delhi High Court has ruled that practitioners of “ Bharatiya Chikitsa” - Indian systems of medicines like Ayurveda, Siddha, Tibb and Unani & ndash cannot prescribe allopathic medicines.

The case was heard by the HC based on a case registered by the Delhi Medical Association (DMA), which is an association of registered medical practitioners of allopathic medicines affiliated to the Indian Medical Association. The High Court decision, presided over by Chief Justice G.Rohini and Justice Rrajiv Sahai Endlaw took the points of the DMA into consideration and noted that, “ Allowing persons not holding qualification in modern scientific system of medicine to practice the said system of medicine...can play havoc with the health and lives of the citizens of the city.”

The DMA complaint noted down the same set of points and pointed out that the people who are not qualified to prescribe modern allopathic medicines should not be allowed to prescribe them as they will not be in the know about the complete effects, side-effects and intricacies of the modern medicinal system. Due to this below par knowledge about the topic, the decision of a practitioner of Bharatiya Chikitsa can cause damage to the patient and other effects that can cause the patient to experience no special relief.

According to the DMA, the vaids and hakims in the city are trying to take advantage of a section of the DBCP (Delhi Bharatiya Chikitsa Parishad) Act defining “ integrated medicines” to claim that they are also entitled to prescribe allopathic medicines. The association also challenged a notification of Central Council of Indian Medicine (CCIM), an equivalent body to the Medical Council of India for Indian System of Medicines, giving similar rights to practitioners of “ Bharatiya Chikitsa” .

According to the Delhi HC judgment states that “ No practitioner of Indian System of Medicine or holding a qualification as listed in the Schedule to the Indian Medicine Central Council Act, 1970, even if it be of integrated medicines is entitled to practice modern scientific system.” The bench also explained that if the vaids and hakims do have to take advantage of these situations, they should take help of the modern systems of detection like radiology and laboratory techniques to detect ailments. “ To hold otherwise would blur the otherwise well designed boundaries between the two systems of medicines.” the bench noted.

“ We remind CCIM that it being a creature of the Indian Medicine Act does not enjoy any legislative or quasi legislative powers and has to confine itself to the field of Indian System of Medicine only...” the bench stated.

OUR TAKE

The decision to bifurcate the power to prescribe medicines according to their area of practice is the right thing to do. There have been many cases in which the petitioner got duped by a quack or a person portraying himself as a doctor and then leading to ill effects of the same. The case then drags into court and then the court will, in due course of time, decide that the petitioners claim has no grounds for call of compensation and thus the case will come to nothing eventually. Medicines are very critical with regards to the general public and with many villages and panchayats dependent on government dispensaries OR the village ayurvedic doctor. With more and more new diseases cropping up every year, the people should get the proper medicine from the proper source, a step taken in the right direction.