Law against Quackery
"Quack" is a "fraudulent or ignorant pretender to medical skill"
(Quacks-Jhola Chaap Doctor)
With Indian Case laws
·
N.Nambirajan vs The District
Collector
Who is a Quack?
Quacks can be divided amongst 3 basic categories as under :
1. Quacks with no qualification whatsoever.
2. Practitioners of Indian Medicine (Ayurvedic,
Sidha, Tibb, Unani), Homeopathy, Naturopathy, commonly called Ayush, who are
not qualified to practice Modern Medicine (Allopathy) but are practicing Modern
Medicine.
3. Practitioners of so called integrated
Medicine, Alternative System of Medicine, electro-homeopathy, indo-allopathy
etc. terms which do not exist in any Act.
Provisions under Drugs and
Cosmetics Act
Section 15 of the Act, provides that no
person other than a medical practitioner enrolled on a "State Medical
Register" shall practice modern scientific medicine in any State, the
right of non-allopathic doctors to prescribe drugs by virtue of the declaration
issued under the said Drugs Rules, by implication, got obliterated.
Regulating the practice of unqualified
medical practitioners would result in the loss of precious human lives and it
will also pose various health hazards.
Following
students/persons/practitioners may also cover under the category of Quacks:
SECTION 10B. NON-RECOGNITION
OF MEDICAL QUALIFICATIONS IN CERTAIN CASES.
1. Where any medical college is established except with
the previous permission of the Central Government in accordance with the
provisions of section 10A, no medical qualification granted to any student of
such medical college shall a recognised medical qualification for the purposes
of this Act.
2. Where any medical college opens a new or higher course
of study or training (including a postgraduate course of study or training)
except with the previous permission of the Central Government in accordance
with the provisions of section 10A, no medical qualification granted to any
student of such medical college on the basis of such study or training shall be
a recognised medical qualification for the purposes of this Act.
3. Where any medical college increases its admission
capacity in any course of study or training except with the previous permission
of the Central Government in accordance with the provisions of section 10A, no
medical qualification granted to any student of such medical college on the
basis of the increase in its admission capacity shall be a recognised medical
qualification for the purposes of this Act.
Explanation - For the purposes of this section, the
criteria for identifying a student who has been granted a medical qualification
on the basis of such increase in the admission capacity shall be such as may be
prescribed.
Meaning of Quack defined by Indian Courts :
A person who does not have knowledge of a
particular System of Medicine but practices in that System is a Quack and a
mere pretender to medical knowledge or skill, or to put it differently, a
Charlatan.
