Legal overview

In this process Govt. has considered the Orders dated 18.11.98 of the Hon'ble High Court of Delhi in CWP No.4015/96 & OM NO.8468/97, which has inter-alia, directed the Central / State Govts., to consider making legislation to grant of licenses to the existing and new institutes etc. to control & regulate the various "unrecognised" streams of alternative medicines and also to give adequate publicity through media informing public about the Registered Alternate Medical Practitioners and similar other institutes for being recognized by the Government and affiliated with any of the Councils.

The Government constituted a 'Standing Committee of Experts' under the Chairmanship of Director General, Indian Council of Medical Research and members were drawn from various fields of medicine to consider and give its recommendations to the Government. on the efficacy / merits of various streams of alternative medicine and also examine feasibility of making legislation as suggested by the Hon'ble Court. The Committee developed essential & desirable criteria for grant of recognition to a new stream of medicine and analysed the different streams of 'Alternative medicine' viz. Ayurveda, Siddha, Unani, Homoeopathy, Yoga & Naturopathy, Elecropathy / Electrohomoeopathy, Acupuncture, Magnetotherapy, Reiki, Reflexology, Urine Therapy / Autourine Therapy, Hypnotherapy, Aromatherapy, Colour Therapy, Pranic Healing, Gems & Stone Therapy and Music Therapy.

The Committee has recommended that certain practices, not included in Ayurveda, Siddha, Unani, Homeopathy and Yoga & Naturopathy, such as Acupuncture and Hypnotherapy which qualified as modes of therapy, could be allowed to be practiced by registered practitioners or appropriately trained personnel, which were found to fulfill the essential & desirable criteria developed by the Committee for recognition of a system of medicine. The Committee further suggested that all those Systems of Medicine not recognized as separate Systems should not be allowed to continue full time Bachelor and Master's degree courses and the term "Doctor" should be used only by practitioners of Systems of Medicine recognized by the Government of India. Those considered as Mode of Therapy can be conducted as Certificate courses for registered medical practitioners to adopt these modes of therapy in their practice, whether modern medicine or Indian Systems of Medicine and Homoeopathy.

After carefully examining the various recommendations of the Committee, the Government accepted these recommendations of the Committee. Accordingly, it is requested that the State/UT Govt. may give wide publicity to the decision of the Govt. They may also ensure that Institutions under the State/UT do not grant any degree / Diploma in the stream of medicine which have not been recommended for recognition and the term 'Doctor' is used by practitioners of recognized system of medicine.

(Government of India, Ministry of Health & Family Welfare (Research Desk) Order dated 25th November 2003, bearing No. R.14015/25/96-U&H(R) (Pt))

!!!! No Harassment to Registered Alternative Medical Practitioners !!!

The Police is having no right to injunct or prevent the Practitioner from practicing the Alternate System of Medicine within the scope of the Certificate. Non-compliance amounts to Contempt of Court (In the judgment and Order dated 18.11.1998 in F.A.O. NO.205/92 of the Hon’ble Supreme Court of India)

Legality, Validity & Utility of the training courses, practice and research in the field of Alternative Systems of Medicines are in strict conformity with the Constitution of India as per Article 19(1)(g) of the Constitution of India and the laws of the land.

Successful and trained students of the Council can practice and profess the various systems of Alternative Medicines as per the Rules and Regulation of the Indian Board of Alternative Medicines anywhere in India.

The Hon'ble High Court of Calcutta passed an Order of "Status quo" in favour of Indian Board of Alternative Medicines against the respondents namely (Department of Home (Police), Union of India; Department of Health and Family Welfare, Union of India; Medical Council of India and others). Hence the practitioners of Indian Board of Alternative Medicines can practice Alternative System of Medicines without any interference by the above-named respondents.

Registration from Medical Council of India (MCI) is not required to practice the alternative systems of medicines as per their letter No. MCI-34(1) / 96-Med. / 10984 addressed to the Indian Board of Alternative Medicines.

ISO 9001:2008 Certification: Indian Board of Alternative Medicines has been conferred with the ISO 9001:2008 Certificate of Registration for Providing Alternative Medicine, Holistic Medicine and Allied Health Sciences Courses Through Regular and Distance Education.

• 1. Government of India, G.R. No.: 12011/3/80-ISM dated 15/07/1981;
• 2. Government of India, G.R. No.: 14015/25/96-U&H(R)(Pt.) dated 25/11/1977;
• 3. Government of India, G.R. No.: 1077/6006/PH-7 dated 01/12/1977;
• 4. Section 2(2)(iii) of Maharashtra Medical Practioners Act, 1961;
• 5. Government of India : Recognition of New Medical Systems Bill 2005;
• 6. Order No. C.O.P. (MD) No 9466 of 2007 dated 14/09/2007 passed by the Hon’ble High Court of Madras;
• 7. Order No. Crl.O.P. (MD) No 8085 of 2007 dated 09/08/2007 passed by the Hon’ble High Court of Madras;
• 8. Writ-W.P. (MD) No. 2452 of 2010 dated 25/03/2010 passed by the Hon’ble High Court of Madras;
• 9. No. V.25011/276/2009-HR dated 05/05/2010 passed by the Hon’ble High Court of Allahabad;
• 10. Cr.W.P./304/96 dated 19/12/1996

Alternate Medical Practise and Medicine Treatment

Having passed the order and Judgements by the Supreme Court of India and various High Courts across the country is formed pursuant to all Rules, Regulations, Notifications, Circulars, Acts and Laws as enacted by the Government of India from the British era till today. Practising the primary art of healthy living, using organic and naturally grown plant and herbs, following the Vedic systems of Ayurvedic Herbal Preparation and Application. These systems do not involve any allopathic medicines, drugs or surgical procedures. These traditional procedures are purely drugless, non-pharmaceutical, non-invasive, non-surgical and therefore devoid of any side effects. As per Government notifications and directives, there is no provision and necessity of registration for their practise. So there is any apex body of traditional & cultural medicine. These alternate systems do not come under the provisions of the Maharashtra Medical Practioners Act 1961 and Bombay Nursing Home Act, 1949. They are adequately protected under The Drugs and Cosmetics Act, 1940 (23 of 1940) (Chapter IV-A – sections 33-B to 33-O read with the First Schedule (section 3 (a) of the Act)) along with The Drugs and Cosmetics Rules, 1945 (as amended by The Drugs and Cosmetics (Ninth Amendment) Rules 2017 (G.S.R 327(E) dated 3rd April 2017)) and The Drug (Control) Act 1950 (26 of 1950), The Indian Medical Central Council Act, 1970, Ministry of Ayurveda, Yoga, Unani, Siddha and Homeopathy (AYUSH), Government of India, Central Council for Research in Ayurvedic Sciences, Council of Scientific and Industrial Research and National Commission for Indian System of Medicine Bill.