Bombay High Court (HC) directed the state government Monday to allow homoeopaths to practise allopathy.
In a February 4, 2002, circular, the state had asked doctors holding licences under Mumbai Homoeopathic Practitioners Act, 1959, to restrict practice to homeopathy.
LCEH (licentiate of the court of examiners in homeopathy) Doctors Association challenged the circular in November 2010, asking the government and the medical education department to consider eligibility of homoeopaths to practice allopathy.
On March 31, 2011, secretary, medical education and medical drugs department, rejected its application. The association then moved HC.
It said the four-year LCEH course that included study of allopathy with homoeopathy was started in Maharashtra in 1951 and continued till 1982.
The association told HC there were only about 800 such doctors in the state. Its counsel A A Kumbhakoni said the course was aimed at creating “barefoot doctors” who would attend to patients in rural and inaccessible areas. These doctors did not treat serious ailments or carry out invasive surgeries but prescribed allopathic drugs for treatment of minor ailments, the counsel said.
However, Bombay Homoeopathic & Biochemic Practitioners (Amendment) Act, 1985, restricted the doctors to “homoeopathic and biochemic systems of medicine” in June 1988. The question before the court was whether an amendment enforced in 1988 would be applicable to petitioners who had already completed the LCEH course.
Justices S J Vazifdar and Mridula Bhatkar noted that there was nothing in the amended Act that made it retrospective.
“Clearer language would be required to make the provision retrospective, for it substantially adversely affects the rights of persons with LCEH qualification practicing in fields other than homoeopathic and biochemic systems of medicine,” they said.[Source]
It appears the law is always blind and it can be twisted on either ways by the lawyers.From the decision it appears that the court could not find anything for making/enforcing the rules back dated which shows that those who registered as LCEH practioners can continuee their allopathic practice.Even now the qualified Homeopaths/Ayurvedic practioners are seen openly practicing allopathic treatment instead of Homeopathic or Ayurvedic systems of medicines.If importance is to be given to the Homeo and Ayurvedic systems only those who have faith in these systems only be allowed to study and the syllabus is to be so devised giving more aspects to the systems of medicines rather than to the Allopathic system except giving some idea only.
Dr.Jain is very correct.
Today I understood the statue of the lady with eyes covered with black ribbon.
This kind of decision by court may be a matter of Happiness for LCEH practitioners. But using the name of Homoeopathy & not believing in the principles of Homeopathy which itself is a complete science & rather far advanced then so called Allopathy.
I think the govt of Maharashtra should bring a fresh amendments in the act to combat the deficiencies of the law which can cover the lacuna’s.
Prof Dr R K Jain M.B.B.S.,M.D.(Anaesth),D.H.B., D.H.M.S.,(MP State Topper), M.D.(Hom.)
Sir good morning .sit please explain what is meaning of this article and order of court i am not understood .