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.
1. Homeopathy Doctor Cannot Prescribe Allopathic
Medicine or Ayurvedic Medicine.
2. An Allopathic Doctor cannot prescribe
Homeopathy or Unani or Ayurvedic Medicine Vice Versa.
The
Anatomy and Physiology are similar, it does not mean that a person having
studied one System of Medicine can claim to treat the patient by drugs of
another System which he might not have studied at any stage. No doubt, study of
Physiology and Anatomy is common in all Systems of Medicines and the students
belonging to different Systems of Medicines may be taught physiology and
Anatomy together, but so far as the study of drugs is concerned, the
pharmacology of all systems is entirely different.
N.Nambirajan vs The District Collector on 8 March, 2011
http://indiankanoon.org/doc/476003/
Case Registered Us 419 IPC & Section 15 (1)(3) Indian
Medical Council Act Against Quack
In W.P.(MD).No.10345 of 2010, in the counter affidavit it is
stated that the petitioner was doing allopathic treatment to the general public
in and around Alangulam area without proper qualification. A case was
registered in Cr.No.79 of 2010 under Section 419 IPC and 15(1)(3) of Indian
Medical Council Act, 1956 on the file of Alangulam Police Station. On
investigation, a final report has also been filed under Section 419 IPC and
Section 15(1)(3) of Indian Medical Council Act, 1956 and a case is taken on
file. In so far as other cases, the Government has not filed any counter, but
the learned Additional Government Pleader would contend that they are only
following the circular of the Government, dated 15.06.2010.
Report Quackery
Adv.mohitpopli@gmail.com
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