On Monday, a bench comprising Justice Hemant Gupta and Justice Sudhanshu Dulia from the apex court sought the union government’s response to a plea filed by the Association of Medical Consultants (AMC), Mumbai. The plea challenged Section 34 (Rights of persons to practice) of the National Commission for the Indian System of Medicine Act, 2020; and the National Commission for Homoeopathy Act, 2020. The bench listed the matter for a further hearing on November 4. 

The petitioner AMC is an association of around 11,000 doctors practicing in Bombay and western India. AMC Mumbai, in its plea represented by advocate Sunil Fernandes, has also sought to issue an appropriate writ for modifying Regulation 10(9) of the Indian Medicine Central Council (Post Graduate Ayurveda Education) Regulations, 2016, as amended by the Indian Medicine Central Council (Post Graduate Ayurveda Education) Amendment Regulations, 2020. Thus, allowing PG scholars of Shalya and Shalakya to perform 58 surgical procedures after completion of a Post Graduate Degree in the Ayurveda stream of medicine. 

The petitioner stated that the impugned legislation was challenged on the grounds of violation of articles 14, 19, and 21 of the Constitution, which enables the practitioners of the Indian System of Medicine/Homeopathy to practice allopathy and perform surgeries. According to the petition, Section 34 (3) of the National Commission for the Indian System of Medicine Act, 2020 and the National Commission for Homoeopathy Act, 2020 allow individuals who are already enrolled in the State Register of practitioners to continue their practice even if they do not possess the required medical qualifications under the Acts. As a result, Section 34 (1)(b) of the Impugned Acts allows practitioners of homeopathy or the Indian system of medicine to perform surgical procedures and use the title "surgeons" without justification. Hence, causing grave prejudice to public health, medical infrastructure, and right to life, including the right to correct and prompt Medicaid as enshrined under Article 21 of the Constitution. 

The plea stated that "The National Medical Commission Act 2019, which governs the practice of allopathic doctors and ensures the maintenance of the highest standards of practice in this field of medicine, defines the term "medicine" under Section 2(j) to read as "modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery." The National Commission for Homoeopathy Act, 2020, has not defined the term "medicine or surgery."