New Delhi, Jan 12: The Supreme Court on Monday sought responses from the Union ministries of Law, Health and Ayush on a public interest litigation (PIL) seeking a direction to declare AYUSH doctors as “Registered Medical Practitioners” under the law, at par with allopathic doctors.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice after hearing submissions by advocate Ashwini Upadhyay, appearing for the petitioner, a law student, and his son Nitin Upadhyay. During the hearing, the bench made light-hearted remarks about the petitioner filing PILs at a young age before formally issuing notice.
The plea seeks a declaration that AYUSH doctors are covered under Section 2(cc) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, which defines “registered medical practitioners.” The Act regulates and prohibits advertisements of drugs claiming to cure certain diseases or possessing so-called magical qualities.
The petition also seeks the constitution of an expert committee to review and update the schedule of the 1954 Act in line with present-day scientific developments. It argues that while the Act was enacted to protect the public from misleading advertisements, Section 3(d) imposes a complete ban on advertisements relating to certain diseases, without distinguishing between misleading claims and truthful, evidence-based information.
The plea contends that since AYUSH and other non-allopathic practitioners are not covered under the exemption provided in Section 14 of the Act, they are effectively barred from advertising legitimate medicines for serious ailments, leading to public ignorance.
Filed through advocate Ashwani Kumar Dubey, the petition claims the “archaic law” disproportionately restricts the right to information regarding diagnosis, prevention and treatment of diseases, and seeks a comprehensive review of the Act in light of modern medical knowledge. (Agencies)
