Legal Information
The right of Electro homoeopathic Practitioners are well protected under article 19(1)(g) of constitution of India. Since Electropathy is working with the aim of ‘promotion, development & research’ and at this stage, no act has been enacted by the parliament. As such it does not come under the preview of either of the Central/State Govt. Medical act.
All recognized medical systems were recognized under specific Act of Parliament.
For Example:
Medical Science Recognition under Act
Allopathy (Western Medical System) Indian Medical Degrees Act (under M.C.I. Act 1916 or India Medical Council Act, 1956)
Ayurveda And Unani Indian System of Medicines (ISM) Act,1970
Homeopathy Central Council of Homoeopathy Act,1973
All the four medical systems also had to struggle for a long time before they could get recognition. In the mean while these systems were professionally and scientifically developed and they continued giving treatment/helping the ailing masses for a number of years before they could be accepted by the government. As a matter of fact these medical systems got recognition from the Govt. one by one i.e. when one was being recognized the others were on their developing stage. Qualified practioners were in practice and helping in developing the new systems uninterruptedly.
The people using the these medicines who got benefited first, and then they approached their representatives like MPs/MLAs for raising the voices in the Parliament and after that Govt. recognizes the system by making an Act.
Thus today four medical systems are recognized. Certainly fifth will also be recognized, because there has been no act enacted in the Parliament to prevent the invention, and thereafter promotions, development and research of any Medical System.
There is no ban on the use and practice of these harmless methods of healing according to the judgment by the Hon’ble High Court of Calcutta in 1991. This can be witnessed by a “law journal” vol.II of 1991 published from Kolkata.
Hon’ble Delhi High Court (Division Bench) consisting of Justice Y.K. Sabharwal, the then acting Chief Justice and Justice S.K. Gupta had framed the rules regarding the legality of Diploma/Certificates and hence entitling the doctors to practice Electropathic medical system on the strength thereof.
On 24.11.2000 the Bench of the Hon’ble Court comprising Justice Rajendra Babu and B.N. Agarwal declined to SLP filed by a petitioner (Delhi Govt. and Union of India) has been dismissed. In the year 18-11-1998 regarding the legality of the electro homoeopathy the Hon’ble Supreme Court has given order to maintain the same status-co given by the Hon’ble Delhi High court, FAO No.205/92.
22.07.2004 – The High Court of Punjab, Haryana and Chandigarh in its judgment/order passed in Criminal Misc. Writ No. 34949-M-99 dt. 22.07.2004 have categorically ruled and directed that when the 59 Electropathy Doctors including petitioner was practicing in Electropathy, he was not required to get himself registered under Indian Medical Council Act 1956. Undisputedly, the petitioner was practicing in Electro homoeopathy system of medicine. Therefore he was competent to practice in Electropathy system of medicine”. The Hon’ble High Court also directed the administration and the medical authorities to quash F.I.R. if registered against any of the practitioner in the system of Electropathy.
And now Ministry of Health & Family Welfare has clearly ordered vide letter no. V. 25011/276/2009-HR dated 5th May 2010 “that In accordance with orders of the High Court and Supreme Court Quoted here, there is no proposal to stop the petitioners from practicing in electro homoeopathy or imparting education, as long as this is done within the provision of the order No. 14015/25/96-U & H (Pt) dated 25th November 2003. Once the legislation to recognize a new system of medicine is enacted, any practice or education would be regulated in accordance with the said act.”
Thus registered electro homoeopathy Practitioner has legal right to practice Electropathy in every nook and corner of the country.
SOME LEGAL DECLARATION & VARIOUS COURTS ORDERS IN FAVOUR OF ALTERNATIVE, ELECTRO HOMOEOPATHY SYSTEM OF MEDICINE.
| 1 | 05-05-2010 | Electro Homoeopathy is governed vide. no.. 25011/276/2009-HR dated 5th May 2010 |
| 2 | 02-05-2008 | Supreme Court recognized the practice, Maharashtra directorate Of Health. |
| 3 | 23-04-2008 | Vijayanagaram Addl. Judl. Court Magistrate Recognized the BEMS Practice and kept it with in sattled law. |
| 4 | 22-12-2006 | Hon’ble Bombay court recognized the Electro Homoeopathy Practice. |
| 5 | 10-01-2005 | Metropolitan Session Court, Sec-bad Recognized MD (EH) Practice and Electro Homoeopathy Board also. |
| 6 | 25-11-2003 | Central Govt. of India, Ministry of Health & Family Welfare, and Department of Health -Research recognized the Electro homoeopathy. |
| 7 | 14-02-2003 | Hon’ble Supreme Court of India and Medical Council of India have declared that, those who are having Community Medical Scienc Certificate (CMS) or Rural medical practitioner (RMP) can do Practice on 42 drug groups of life saving drugs in Allopath. |
| 8 | 16-05-2001 | Hon’ble Metropolitan session court Sec-bad. Recognized the Electro Homoeopathy Practice.The court also ordered that “Any Medic council Centre in India has no right to interfere in the Practice. |
| 9 | 23-10-2000 | XI Metropolitan Court, Sec-bad recognized the Practice of Electro Homoeopathy & relevant medical college also |
| 10 | 07-05-1999 | Hon’ble Calcutta High Court recognized the Electro Homoeopathy, |
| 11 | 19-03-1999 | Hon’ble High Court of Jabalpur recognized the Electro Homoeopathy Practice. |
| 12 | 09-06-1998 | Hon’ble Madras High Court has given the Judgment regarding using the word Doctor before the name that, |
Some questions about Electro hoeomopopathy and clarifications.
Qt.) Is Electro homoeopathy a recognize course under any medical system of India?
Yes Electro homoeopathy is considered recognized under section (5) of I P C. The recognition of this system is under consideration in the parliament, Govt. of India (2005- bill).
Qt.) According to a notification 14015/25/96-U&H (R) (pt) Electro homoeopathic practitioner is not permissible to practice in this system !Is it true?
NO : such notification already challenge through a writ petition in the Punjab / Haryana High court and the judgment is :- As per the judgment of WP(C) no.19484of 2008 (T); That, the practice of Electropathy / Electro homoeopathy is not prohibited in any state of India. The practitioners are not practicing Modern Medicine or any other Indian system of medicine, Like Ayurveda/Unani. For practicing those system of Medicine, registration is required under Medical Council Act is mandatory. For getting those registrations, the applicants should possess the prescribed qualifications also. But Electropayh /Electro homoeopathy is an entirely different system of medicine. Its practice is not controlled by any state in India. It is not prohibited by any law also. Therefore, the petitioners have a fundamental right under article (19) (1) (g) of the constitution of India to proceed with the practice of the Electro homoeopathy.
Qt.) What is meant by settled Law?
The Electro homoeopathy Doctors can practice by the settled law (Govt. of India) which means that, the law allowed.
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| The registered medical practitioner is declared as a qualified Doctor as provided by the rules & regulations of the Council of Electro homoeopathy A.P. India (as rule 57/2) (2). NOTE :Under consideration for Establishing ALTERNATIVE MEDICAL UNIVERSITY soon, issued by the Indian council of Research & Department of Health, Research & Planning Commission vide .No.61/1/2000/ASM/BMS/TRM.Dated:06-02-2013.Further information are welcome personally regarding GO’s, GR, and Court Orders through the Council of Electro homoeopathy or at the office of Welcome to Board of Electro Homeopathy BCICEO India Electro homoeopathic medical institute Research & centre |