NEW DELHI: The Supreme Court on Monday sought response of the Center on a petition filed by the Association of Medical Consultants.AMC), challenging section 34 (right of persons to practice) of Mumbai national commission Indian System of Medicine Act, 2020 and National Commission for Homeopathy Act2020.
Bench of Justice Hemant Gupta and Justice Sudhanshu Dulia A petition filed by AMC Mumbai sought response from the Center and others and listed the matter for further hearing on November 4.
The petitioner AMC is a consortium of about 11,000 doctors practicing in Bombay and Western India. The petitioner was represented by the advocate Sunil Fernandes,
AMC Mumbai, in its petition, directed the Center to repeal or set aside or amend section 34 (right to practice) of the National Commission for the Indian System of Medicine Act, 2020 and to repeal or set aside or amend section 34 (right to practice). demanded to give 34 of the National Commission for Homeopathy Act, 2020 (rights of persons to practice).
The petitioner also sought issuance of an appropriate writ, order or direction to repeal/cancel/amend Regulation 10(9) of the Act. central council of indian medicine (Postgraduate Ayurveda Education) Regulations, 2016, as amended by the Central Council of Indian Medicine (Postgraduate Ayurveda Education) Amendment Regulations, 2020, to allow PG scholars of Shalya and Shalakya to perform 58 surgical procedures after completion of the post. is allowed. Bachelor Degree Section of Medicine in Ayurveda.
The petitioner said that it is deeply aggrieved by the laws which seek to erase the age-old differences and distinctions between these two broad forms of medicinal treatment.
“The applicable laws are challenged on the ground of contravention of Articles 14, 19 and 21 of the Constitution, in so far as it enables practitioners of Indian System of Medicine/ Homeopathy to practice Allopathy and perform surgery, thereby causing serious prejudice.” is born. Right to public health, medical infrastructure and life including the right to accurate and prompt medical aid under Article 21 of the Constitution,” the petition said.
According to the petition, Section 34(3) of the National Commission for Indian System of Medicine Act, 2020 and the National Commission for Homeopathy Act, 2020 allow persons who are already enrolled in the system of medicine. State Register of Physicians To continue their practice even if they do not possess the medical qualification required under the Acts.
The petition states that this provision ensures the right of a person practicing Indian System of Medicine/Homeopathy for the last 5 years to continue practicing in that State, in which the State Register is maintained. is not done. in relation to the commencement of the Acts.
The impugned statutes, without any justification or proper explanation, permit practitioners of homeopathy or Indian system of medicine to perform surgical procedures and use the nomenclature of “surgeon” vide section 34(1)(b) of the impugned Acts , which is, in general, the field of allopathy or practitioners of modern medicine.
“The national medical commission The Act 2019, which regulates the practice of allopathic doctors and ensures the maintenance of the highest standards of practice in this field of medicine, replaces the term ‘medicine’ as “modern scientific medicine in all its branches” under section 2(j). Defines read as read and includes surgery. and obstetrics, but does not include veterinary and surgery”. The National Commission for Homeopathy Act, 2020 has not defined the term medicine or surgery.”
Bench of Justice Hemant Gupta and Justice Sudhanshu Dulia A petition filed by AMC Mumbai sought response from the Center and others and listed the matter for further hearing on November 4.
The petitioner AMC is a consortium of about 11,000 doctors practicing in Bombay and Western India. The petitioner was represented by the advocate Sunil Fernandes,
AMC Mumbai, in its petition, directed the Center to repeal or set aside or amend section 34 (right to practice) of the National Commission for the Indian System of Medicine Act, 2020 and to repeal or set aside or amend section 34 (right to practice). demanded to give 34 of the National Commission for Homeopathy Act, 2020 (rights of persons to practice).
The petitioner also sought issuance of an appropriate writ, order or direction to repeal/cancel/amend Regulation 10(9) of the Act. central council of indian medicine (Postgraduate Ayurveda Education) Regulations, 2016, as amended by the Central Council of Indian Medicine (Postgraduate Ayurveda Education) Amendment Regulations, 2020, to allow PG scholars of Shalya and Shalakya to perform 58 surgical procedures after completion of the post. is allowed. Bachelor Degree Section of Medicine in Ayurveda.
The petitioner said that it is deeply aggrieved by the laws which seek to erase the age-old differences and distinctions between these two broad forms of medicinal treatment.
“The applicable laws are challenged on the ground of contravention of Articles 14, 19 and 21 of the Constitution, in so far as it enables practitioners of Indian System of Medicine/ Homeopathy to practice Allopathy and perform surgery, thereby causing serious prejudice.” is born. Right to public health, medical infrastructure and life including the right to accurate and prompt medical aid under Article 21 of the Constitution,” the petition said.
According to the petition, Section 34(3) of the National Commission for Indian System of Medicine Act, 2020 and the National Commission for Homeopathy Act, 2020 allow persons who are already enrolled in the system of medicine. State Register of Physicians To continue their practice even if they do not possess the medical qualification required under the Acts.
The petition states that this provision ensures the right of a person practicing Indian System of Medicine/Homeopathy for the last 5 years to continue practicing in that State, in which the State Register is maintained. is not done. in relation to the commencement of the Acts.
The impugned statutes, without any justification or proper explanation, permit practitioners of homeopathy or Indian system of medicine to perform surgical procedures and use the nomenclature of “surgeon” vide section 34(1)(b) of the impugned Acts , which is, in general, the field of allopathy or practitioners of modern medicine.
“The national medical commission The Act 2019, which regulates the practice of allopathic doctors and ensures the maintenance of the highest standards of practice in this field of medicine, replaces the term ‘medicine’ as “modern scientific medicine in all its branches” under section 2(j). Defines read as read and includes surgery. and obstetrics, but does not include veterinary and surgery”. The National Commission for Homeopathy Act, 2020 has not defined the term medicine or surgery.”