Electro Homeopathy Practice Permitted in Uttar Pradesh as Alternative Therapy, Practitioners Barred from Using 'Doctor' Prefix: Allahabad High Court - 2024-05-16

Covering Law & Justice.

Allahabad High Court Upholds Right to Practice Electro Homeopathy in Uttar Pradesh, but Restricts "Doctor" Title

Prayagraj , Uttar Pradesh – The Allahabad High Court has delivered a judgment affirming the right of practitioners of Electro Homeopathy to practice their system of medicine in Uttar Pradesh, albeit with certain caveats. Justice Om PrakashShukla , presiding over the case, clarified that while Electro Homeopathy remains unrecognised as a formal system of medicine by the Central Government, there is no explicit legal ban on its practice as an alternative therapy.

Background of the Case

The writ petition was filed by practitioners holding certificates from the Count Mattei Association, seeking permission to practice Electro Homeopathy in Uttar Pradesh. They challenged government orders from 2003 and 2004 that they perceived as impediments to their practice. The petitioners argued based on prior judgments from the Delhi High Court and subsequent clarifications from the Union Government, asserting that these established the permissibility of Electro Homeopathy practice within certain parameters.

Arguments Presented

Petitioners' Stance: Represented by Shri. Vikas Singh , the petitioners primarily contended that:

Central Government orders issued in 2010 and 2011, along with a Delhi High Court judgment affirmed by the Supreme Court, clarified that there is no bar on the practice or education of Electro Homeopathy as long as it adheres to the guidelines set out in a 2003 order.

The State Government of Uttar Pradesh, through various office memorandums, had also acknowledged and reiterated the Central Government's position, indicating no intent to stop Electro Homeopathy practice.

RTI replies from the Ministry of Health and Family Welfare confirmed that while unrecognized systems cannot award degrees or use the 'Doctor' prefix, practice itself is not prohibited.

Government's Position: The State and Union Governments, represented by Shri. Raj Kumar Singh and learned Standing Counsel respectively, largely echoed the Central Government's stance. They affirmed that while Electro Homeopathy is not a recognized system and cannot confer degrees, existing orders do not prohibit its practice as long as guidelines are followed. The State government specifically stated its lack of authority to regulate Electro Homeopathy , deferring to Central Government directives.

Court's Observations and Rationale

The High Court meticulously reviewed a series of orders and clarifications from both the Central and State governments, as well as judgments from the Delhi High Court and Supreme Court. Justice Shukla highlighted key aspects:

Central Government's 2003 Order: This order, following recommendations from a Committee of Experts, did not recognize Electro Homeopathy as a formal system but did not explicitly ban its practice. It directed states to ensure institutions do not grant degrees in unrecognized systems and that the term 'Doctor' is reserved for practitioners of recognized systems.

Subsequent Clarifications (2010, 2011): Orders issued in 2010 and 2011 by the Ministry of Health and Family Welfare clarified that the 2003 order did not bar research and development in Electro Homeopathy , nor did it stop practice or education within the 2003 parameters, pending future legislation.

Supreme Court's Stance: Referencing a Supreme Court order from 2018 in Sutapa Singh v. State of U.P. , the court noted the apex court's observation that there is no ban on practicing Electro Homeopathy as an alternative therapy, provided it adheres to the 2003 order's provisions and no degrees or diplomas are conferred without statutory backing.

Pivotal Excerpt from the Judgment:

"Having traced the relevant orders and clarifications issued by the Central Government, State Government as well as the Supreme Court from time to time, this Court arrives at an inescapable conclusion that although no institution can confer a diploma or degree in Electro Homeopathy , however, as there is no ban, the petitioners can always practice Electro Homeopathy as an alternative therapy within the parameters of order dated 25.11.2003. This Court also finds that in the absence of any statutory provisions, there could not be any conferring of diploma or degrees in Electropathy or Electro Homeopathy in India, however, there is no bar in issuance of Certificate for the said study."

Decision and Implications

Ultimately, the Allahabad High Court disposed of the writ petition with the direction that:

Electro Homeopathy practitioners can continue to practice in Uttar Pradesh as an alternative therapy, as long as it is not banned by a competent authority and within the guidelines of the Central Government's 2003 order.

Practitioners are explicitly prohibited from using the prefix "Doctor" before their names.

Authorities are directed not to interfere with the petitioners' practice of Electro Homeopathy within these defined limitations, until specific rules are framed by a competent authority.

This judgment provides clarity for Electro Homeopathy practitioners in Uttar Pradesh, confirming their right to practice as an alternative therapy while underscoring the limitations imposed by the lack of formal recognition and the prohibition on awarding degrees or using the 'Doctor' title. The court's decision underscores the ongoing regulatory ambiguity surrounding alternative medicine systems in India and the need for comprehensive legislation.