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Madras HC rejected the plea of an Ayurvedic doctor practicing allopathy

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MD Bureau    17 June 2020

The High Court of Madurai has decided to dismiss an Ayurveda practitioner’s plea of quashing the court trial as he was caught practicing allopathy. As per the media reports, the Ayurvedic practitioner was charged for prescribing illegally allopathic medicine without any legal license.

In 2015, a case was lodged against him in Virudhunagar district for the similar reason but the doctor had approached before the trial court with his petition to compress the proceedings of the case.

The petitioner had made his request to the Madurai bench of High Court in 2006 asserting his reason for repressing the criminal proceedings. He mentioned that he is an Ayurvedic medical practitioner and has a valid license which is issued by the Tamil Nadu Board of Indian medicine. He also mentioned that he is the owner of a medical shop and has a viable license which allows him to sell allopathic medicine and also practice cross-pathy. Therefore, acquiring allopathic medicine is not an illegal act for him.

The charges of practicing allopathy was put on him, after a senior resident medical officer of Srivilliputhur Government Hospital, Selvabaskar did an inspection of his premises on 10th January 2015. The investigator found that the Ayurvedic doctor was possessing allopathic medicine without any valid qualification and was also practicing allopathy. Hence, the alleged medicines were detained by the authority from his premises. The police had submitted their final reports to Srivilliputhur judicial magistrate II court, as the doctor pleaded non-guilty.

The HC justice G Jayachandran had found that the Ayurvedic doctor does not have any valid license which should be registered under the Medical Council of India. As per the Indian Medical Council act, every doctor is supposed to get their license registered under the MCI. Also, the judges found that the certificate issued by the Tamil Nadu Board of Indian Medicine has allowsed him to practice Ayurveda only and not Allopathy. Therefore, the bench overruled his petition of withdrawing the trial. Trial proceedings will commenced against him under section 336 and 420 of IPC and section 15(3) of Indian Medical Council act.

Source: Medical Dialogues

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