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LETTER TO EDITOR BY; DRRAMESH PARMAR

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2011-11-25

LETTER TO EDITOR BY; DRRAMESH PARMARDrramesh parmar ,Gujrat

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Dy. No. 47/RTI/2011-HGovernment of India

Ministry of Health & Family WelfareDepartment of Health & Family Welfare(Hospital Section)Nirman Bhawan, New Delhi

Dated the 14th February, 2011.

 

 

 

 

To,

 

Sh. Ramesh Manju Parmar,

 At-Mithapur, Area- Arambhada,

Th.-Dwarka, Jamnagar, Gujarat-361345.

 

 Subject: Application under RTI Act, 2005.

 

 Sir,

 

With reference to your RTI application dated 15.12.2010 transferred from President’s Secretariat vide their letter No. 1590/RTI/12/10-11 dated 28.01.2011 received in this Section on 09.02.2011, I am to inform you that as per Section 2(c)(i) and 2(h) of the Clinical Establishments(Registration & Regulation) Act, 2010, all recognized systems of medicine i.e., Allopathy, Yoga, Naturopathy, Ayurveda, Homoeopathy, Siddha and Unani system of medicines of any other system of medicine as may be recognized by the Central Government, will be allowed for registration. On the issue of recognition of Electro-homoeopathy as recognized system of medicine, this Ministry has issued an order vide File No. V.25011/276/2009-HR dated 05.05.2010 stating that Electro-homoeopathy is not yet recognized as a system of   medicine. However, there is no bar on practicing electro-homoeopathy or imparting education (Copy enclosed).             An appeal, if any against this may be made to the Appellate Authority, Dr. Arun K. Panda Joint Secretary, Department of Health & Family Welfare, within 30 (thirty) days of the receipt of this letter.

 

 Sd/-(V P Singh)Deputy Secretary to the Govt. of India ,Tele. No. 23062791. Notification By Government of India on 05 May 2010

 ORDER

 

This order is passed in pursuance of High Court of Allahabad order dated 3.8.2009 in Civil Miscellaneous Writ Petition NO. 31904 of 1991, in which the Court has directed that, “ the petitioner may file a fresh representation before the Ministry of Health & Family Welfare, New Delhi, bringing on record various orders passed by variouse High Courts and that of the Supreme Court, If such a representation is made with regard to recognition of the course, the authority with consider and decide that matter by a reasoned and speaking order within six months from the date of the production of a certified copy of this order with the representation. If necessary, the petitioner would be accorded personal opportunity of hearing by the respondents”.

 

The NEHM through Dr. N K Awasthy filed a representation dated 28.01.2009 before the Secretary, which was received on 31.11.2009. The major issued raised in this representation are as follows:

 

Electropathy is a medical system based on herbal and its medicines are prepared form medicinal plats with the help of distilled water Its medicines are therefore 100% safe and curative.

 

Not a single complaint/case has been reported/ registered with the Government regarding death of any patient.

 

There have been various Court judgments supporting electroapthy. In support of this contention, the representation has annexed copies of orders relating to these cases.

 

Apart form the Court cases, the representation has also submitted affiliation with World Council, Reports of GB Pant University of Agriculture & Technology, letters form Deputy Ministry of Health & Family Welfare dated 14.6.91 & 17.6.91, letter form Government Medical Councils, answers to Parliament questions, notification of directorate of health services, Government of Health & Family welfare, Punjab Agricultural Magazine, Ludhiana, Notification of J & K Government and letter of SSP Agra ()UP, letter of Government of MP, as well as some publication (books & magazines) on electroapthy.

 

Dr. Awasthy has represented that the Health Ministry should honour the judgment and give shelter to Electropathy Medical System by permitting NEHM for promotion, development & Research (Education & Practice) in Electropathy Medical System at least initially for 15 years so that the necessary criteria for the recognition of a new medical system may be achieved without any hindrances.

 

The representation was examined in the Ministry. The facts are as follows:

 

The following orders of the Court have been submitted:

 

Order dated 14.8.92 within Suit No. 27 of 1992 by additional District Judge, Delhi has directed that No public notice be issued concerning the activity of the plaintiff during the pendency  of the suit.

 

Order of High Court of Delhi dated November 1998, in FAO No. 1205 of 1998: In public notice it will not be stated that the persons possessing the diploma/ certificates from the respondent No 10 are not entitled to practice Electro Homeopathy system of Medicine.

 

Order of Hon’ble Supreme court made on 12.01.2000 in SLP No. 11262/2000 (Union of India vs Naturo Electro Homeo Medicose of India):

 

“Learned counsel for the respondent has pointed out that as per his instructions the order made by the High Court in C.W.P No. 4015/96 to the extent indicated at page 4 of the paper book has been accepted by the petitioners and in view of the matter the impugned direction given by the High court is unexceptionable”

 

“In view of the  order made by us on 12.10.2000 and that no proceeding having been initiated, challenging the order made in the C.W.P No.4015/96, we decline to entertain the matter”.

 

Order of High Court of Jabalpur, MP: 2957/94 dated 19.3.1999 which essentially stated that the degree/diploma obtained by them are not recognized under any law. The practice in a;ternative system of medicine is not regulated by any stature & hence in the absence of regulation/prohibition they cannot be asked to stop practice. No legislation governing practice or teaching in alternate system of medicine has been enacted either by the Union or the State. In this case the MP Government has taken action under the MP ayurvigyan Parished Adhiniyam 1990. The Court held that this Act applies only to allopathic system of medicine and also stated that no other law was brought to the notice of the Court. So long as a valid law is not made regulating this branch, therefore stopping the petitioners from practicing in alternative system of medicine or imparting education is illedgal.

 

 

Order of High Court of Madhya Pradesh at Jabalpur bench, Gwalior in WP NO 2462/08 in which directions were given that orders in WP 2957/94 shall apply.

 

Apart form the above, Letter D.O. NO. 2921/DM (H&FW)91/VIP dated 17.61991 from Dasai Chowdhry, Deputy Minister of Health & Family Welfere to Shri Jagannath Singh, MP has been annexed, which states that:

 

“I have authorized N E H M of India for the Development Promotion & Research of electropathy in India”

 

The Government of India issued an Order No. R. 14015/25/96-U & H(R) (pt) dated 25th November 2003, based on the recommendations of a “Standing Committee of Experts” under the chairmanship of Director General ICMR, set up by the Government of India. Based on the recommendations of the Committee, the Government of India has given the following orders:

 

The committee did not recommend recognition to alternative medicines except Ayurveda, Siddha, Unani, Homeopathy & Yoga & Naturopathy which were found to fulfill the essential & desirable criteria developed by the Committee for recognition of a system of medicine.

 

The Committee further recommended that all systems of medicine not recognized as separate systems should not be allowed to continue full time Bachelor and Masters Degrees and the term doctor should be used only be practitioners of systems of medicine recognized by Government of India. Those considered as mode of therapy can be conducted as certificate coursers for registered medical practitioners.

 

The Committee, however, recommended that certain practices as Acupuncture which qualified as modes of therapy could be allowed to be practiced by registered practitioners or appropriately trained personnel.

 

The Committee, based on the essential & desirable criteria, did not find electropathy to qualify as a system of medicine. Therefore, it is clear that, in accordance with this order, electropathy cannot run full time Bachelor and Masters degrees and those practicing this cannot use the term “doctor”.

 

NEHM, as per the document submitted by them is conducting diploma and certificate courses, and not running full time Bachelor and Masters degrees.

 

In so far as recognizing the courses run by them, it is clarified that the concerned boards/statutory bodies like the Medical Council, give recognition to courses. Since electropathy is not recognized as a system of medicine, there is no system ofr recognition of any course run by them in the Health Ministry.

 

 NEHM, has also not submitted any document according to which they fulfill the essential & desirable criteria developed by the Committee for recognition of a system of medicine. 

 

However, the Order No. R. 14015/25/96-U & H(R) (pt) dated 25th November 2003, does not bar the Development & Research of Electroapthy.

 

In accordance with Orders of the High Court & Supreme Court quoted here, there is no proposal t stop the petitioners from practicing in electroapthy or imparting education, as long as this is done within the provision of the Order No. R. 14015/25/96-U & H(R) (pt) dated 25th November 2003. Once the legislation to recognize new systems of medicine is enacted, any practice or education would be regulated in accordance with the said Act. The representation of the petitioner dated 28.10.2009 is disposed off accordingly.

 

This issues with the approval of Secretary, Department of Health Research in this Ministry.

 

 (MOHD. SALEEM)

Under Secretary to the Government of India

Tel No. 23061986

 

To

 

 N. E. H. M. of India, H.O. C-2C/123, Pocket-12, Janak Puri, New Delhi-110058. 

 

Copy for information and necessary action to :

 

1. “Shri Ravi Bhushan Singhal, Assistant Solicitor General of India, 200, Lukerganj, Allahabad. (U.P.)

2. Shri Ravi Bhushan Singhal, Assistant Solicitor general of India, High Court of Allahabad, Allahabad.(U.P.)

 

(MOHD. SALEEM)

Under Secretary to the Government of India

 

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