Allahabad High Court: In a writ petition filed for quashing the circular issued by the Union of India (‘Union’) and Government Order dated 01-06-2004 issued by the State of Uttar Pradesh, and for non-interference by the Union and consequential relief of permitting the petitioner to practice Electro Homoeopathy system of alternate Medicine in the State till the rules in that regard are framed by the competent authority, the division bench of Vivek Chaudhary and Om Prakash Shukla*, JJ. held that the petitioners can practice Electro Homeopathy so long as it is not banned by any competent authority. However, they cannot use the prefix “Doctor” before their name. Accordingly, the Court also issued a direction for non-interference by the authorities concerned and consequential relief of permitting the petitioners to practice Electro Homeopathy system of medicine in the State of Uttar Pradesh, till the rules in that regard is framed by the competent authority.
After perusing the circular issued by the Union, the Court noted that Electropathy/Electro Homeopathy System of medicines was not recommended as an alternative system of medicines and all the State/Union territory Governments were directed to give wide publicity to the said decision of the Government of India and would also ensure that the institutions under the State/ Union Territories do not grant any degree/diploma in the various unrecognized streams of alternative medicines including Electro Homeopathy System of medicines, which have not been recommended for recognition and the term ‘Doctor’ can only be used by the practitioners of the recognized system of medicines. However, the Court noted that, Union did not put any restriction on practicing the said alternate method of treatment.
The Court relied on Sutapa Singh v. State of U.P.1 wherein the Court permitted the appellant therein to provide an alternative therapy, i.e., Electro Homeopathy, as there is no ban by any competent authority. It was held that the practice in electropathy or imparting education should be done within the provisions and parameters of the order issued by the Central Government.
The Court said 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 passed by the Union.
The Court also said 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.
Thus, the Bench held that the petitioners can practice Electro Homeopathy so long as it is not banned by any competent authority.
[Rajesh Kumar v. Union of India, 2024 SCC OnLine All 1712, Order dated 16-05-2024]
*Order by: Justice Om Prakash Shukla
Advocates who appeared in this case :
Counsel for Petitioner: Advocate Vikas Singh
Counsel for Respondent: C.S.C., A.S.G.,Murli Manohar Srivastava, Raj Kumar Singh
1. Civil Appeal No.4642 of 2018
