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On November 25, 2003, the Ministry of Health and Family Welfare declared Electropathy/Electro Homeopathy unendorsed by experts. States were instructed to publicize this and stop institutions from offering degrees in these fields. However, practice was not restricted
The Allahabad High Court recently held that individuals can practice Electro Homeopathy in Uttar Pradesh. "They, however, cannot use the prefix 'Doctor' before their names," ordered the bench of Justices Om Prakash Shukla and Vivek Chaudhary.
The order was passed in a writ petition moved by two people who had obtained certificates from the Count Mattei Association to practice the Electro Homeopathy System of Medicines.
The petitioners challenged an order of the Union of India issued in November 2003 and the Uttar Pradesh Government's order dated June 1, 2004. They sought permission to practice Electro Homoeopathy in Uttar Pradesh.
The counsel for the petitioners argued that the certificate they obtained enabled them to practice the Electro Homeopathy System of medicine in the State of Punjab, State of Delhi, State of Maharashtra, State of West Bengal, State of Kerala and other States, whereas, since the State Government of Uttar Pradesh has not made any law regarding the issue yet, they were not permitted to practice inside UP.
The counsel referred to an order dated June 21, 2011 issued by the Ministry of Health and Family Welfare (Department of Health Research), Government of India which clarified that the order dated November 25, 2003 and order dated May 5, 2010 would be treated as instructions of the Government of India, relating to practice, education and research with regard to alternative system of medicine like Electropathy, Electro Homepathy etc.
On November 25, 2003, the Ministry of Health and Family Welfare issued an order stating that Electropathy/Electro Homeopathy wasn't endorsed as an alternative medicine by the Central Government's Standing Committee of Experts. The order instructed all State/Union Territory Governments to publicize this decision and ensure that institutions refrain from offering degrees/diplomas in unrecognized alternative medicine streams, including Electro Homeopathy.
However, the order didn't restrict the practice of Electropathy/Electro Homeopathy as a treatment method.
The May 5, 2010 order issued by the Ministry of Health and Family Welfare, Government of Health Research, Government of India clarified the position that the order dated November 25, 2003 does not bar the development and research of Electro Homeopathy and there was no proposal to stop the practice or imparting of education in the field of Electro Homeopathy as long as same was done within the parameters of order dated November 25, 2003.
The counsel for the petitioners contended that the Ministry's 2011 order revealed that there was no legal impediment in imparting education as long as no degree/ diploma is awarded/issued for that course and that the practitioners of Electro Homeopathy are not allowed to pre-fix ‘doctor’ before their name.
Taking the same into account, the high court held that while institutions could not grant diplomas or degrees in Electro Homeopathy, as there was no ban, the practitioners could still practice Electro Homeopathy as an alternative therapy within the parameters of the order dated November 25, 2003.
Also, court noted the absence of statutory provisions for conferring diplomas or degrees in Electropathy or Electro Homeopathy in India, but it clarified that issuing certificates for such studies is not prohibited.
Therefore, court allowed the petitioners to practice Electropathy or Electro Homeopathy in UP so long as it is not banned by any competent authority.
Court also issued a direction to the respondents/authorities for noninterference with the practice of the petitioners.
Case Title: Rajesh Kumar S/O Ram Khelawan Singh And Anr. v. Union Of India Thru Secy. Ministry Of Health And Family Welfare
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