Contention of accused that homeopathic system of medicine is effective and superior.

Moidu, J.-The sole question argued in this Criminal Revision Petition is that rules 3. 6, 11 and 13 in the Vaccination in rural areas transferred from former Madras State to the Kerala State Rules, 1964 made under sections 81 and 129(i) of the Madras Public Health Act, 1939 (III of 1939) are invalid, inoperative and unconstitutional as violative of Article 25 of the Constitution of India. The facts which led to the filing of this Criminal Revision Petition may be stated first.

2. The petitioner is a homeopathic practitioner and a staunch believer in the efficacy of that system of medicine. By a notice dated 8th July, 1969, of the first respondent, Health Inspector, Koduvayoor Health Centre, the petitioner was informed that his daughter, one Jayasree aged 5½ shall be produced for inspection and vaccination as a protection against small-pox, on 15th July, 1969, at the time and place specified in that notice. The notice was issued under rule 3(iii) read with rule 11(ii)(d) of the above Rules. The petitioner did not produce the child, though he acknowledged the notice. So the petitioner was prosecuted before the Sub-Magistrate, Chittur, for an offence under rule 13(a) of the Rules, which reads:

“13. Whoever commits a breach of any of the above rules shall be liable on conviction-(a) to a fine which may extend to twenty rupees”.

The petitioner contended before the Magistrate that the Rules under which he was prosecuted are violative of the protection guaranteed under Articles 14, 19, 21 and 25 of the Constitution and therefore the rules are invalid, inoperative and unconstitutional. He stated further that he is not liable to be convicted. But he had no other contention on merits. That the petitioner did not comply with the notice dated 8th July, 1969, was also not disputed. Evidence had also been adduced to prove the prosecution case against the petitioner. The Magistrate accepted the prosecution case and entered a conviction and sentenced the petitioner to pay a fine of Rs. 10 and in default to simple imprisonment for two days under rules 3(iii) and 11(ii)(d) read with rule 13(a) of the above rules.

3. It is relevant at this stage to point out that during the pendency of the prosecution before the Sub-Magistrate the petitioner moved that Court to refer the matter to the High Court under section 432 of the Criminal Procedure Code for determination as to whether any substantial question of law as to the interpretation of Constitution of India involved in the case. The Magistrate rejected that petition. While so, the petitioner filed O.P. No. 1216 of 1970 in this Court to determine the question as to whether the case involved a substantial question of law as to the interpretation of the Constitution, as according to him, it is necessary for the disposal of the case pending before the Magistrate to decide whether rules 3, 6, 11 and 13 of the aforesaid rules are unconstitutional or not. A single Judge of this Court dismissed that petition. The petitioner filed Writ Appeal No. 74 of 1970 to this Court which came before a Division Bench. The learned Judges of the Division Bench passed the following order dismissing the writ appeal:

"At this stage for the purpose of Article 228 of the Constitution no substantial question of law arises in this case. The appeal is dismissed. No costs."

4. It is after the dismissal of the writ appeal that the Magistrate tried the case and entered the conviction against the petitioner and sentenced him. It is against that conviction and sentence the present Criminal Revision Petition is filed. The petition first came before a Single Judge of this Court. The learned single Judge was of the opinion that the question involved a substantial question of law which required a comprehensive adjudication by a Division Bench. It is accordingly that this criminal revision petition has come up before us.

5. The revision petitioner inter alia stated in his petition that the homeopathic system of medicine is effective and superio

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