Legal Aspects / Milestones
ACHIEVEMENT / IMPORTANT STEPS OF GOVT.(ADMN.) AS WELL AS JUDICIARY SUPPORT TOWARDS DEVELOPMENT OF ELECTROPATHY UNDER NEHM OF INDIA, NEW DELHI VIS-À-VIS.
NEHM of India is a prime Organization first of its kind engaged in the promotion &development since its inception i.e. the day of establishment i.e. 12.08.1983 is playing great role in the development of Electropathy / Electro Homoeopathy.
Although several Courts and Govt. orders of various States have come up supporting to the system as well as NEHM of India in which some of them are most important and remarkable as steping stone which divert the general Public, Govt. officials and even judiciary to think such a way where the system is standing today at the door of recognition through a parliamentary / legislative Bill which is under consideration of the Government. For example:-
NEHM of India established after getting registration from Society Registration Act with the aims & objectives of promotion, development & research of new fifth medical system Electropathy / electro homoeopathy covering complete medical syllabus / course of study of the system.
The Registrar, Board of Homoopathy System of Medicine, Old Secretariat, Delhi has informed vide letter No. BHS / 11 / 83 Delhi/ 1860 dt. 01-01-1986 informing the Registrar, NEHM of India, New Delhi that “your Principals & prescribing methods are different than Homoeopathy. You are advised to delete the homoeopathy from your title.
N.E.H.M. of India & 51 members of Parliament requested to PrimeMinister and after that Hon’ble Health Minister (Sh. Moti Lal Vohra) with regards to the recognition of Electro-homoeopathy Medical Science in India. Hon’ble Health Minister ordered to constitute an Inquiry Committee.
The Director, Central Council for Research in Homeopathy vide Hisletter No. 7-2/88-CCRH/TCH dt. 27-05-1988 has informed the Joint Secretary (A), Ministry of Health & F.W., Govt. of India ,Nirman Bhawan , New Delhi “it does not show any similarity with the Homoeopathic System of Medicine at any stage i.e. right from the fundamental Principle till the line of treatment. The word “Homoeopathy” therefore , should not be used along with this pathy and it appears to be an independent system.”
Ministry of Health & Family welfare, Govt. of India constituted an Inquiry Committee on Electro-homoeoapthy. Dr. N.K. Awasthy was nominated as an “Electro-homoeopathy Expert” in whole India in the Inquiry Committee.
An Expert Committee was constituted by the Health Ministry. Foursenior officers were selected to represent the four pathies while the fifth one (Electro-homoeopathy) all over India was allocated to Dr. N.K. Awasthy, Secretary, NEHM of India, New Delhi.
On the direction of Prime Minister of India (Sh. Chandra ShekharJi) the Hon’ble Dy. Minister of Health & F.W. Govt. of India along with research team visited the office of N.E.H.M. of India, New Delhi, to see the premises &its working and to examine how Electropathy medicine work on human body and after having been satisfied he categorically stated that NEHM of India, the only organisation today serving the cause of Electropathy. I will do every possible for this Institution as well the system on behalf of the Ministry.
Dy. Union Health Minister and his colleague submitted Inspectionreport to concerned Deptt. of Health Ministry and thereafter he wrote in a official note that NEHM of India may be authorised for Promotion, Development & Research of Electropathy in India.
Dy.Union Health Minister had confirmed the Chairman, NEHM of India regarding authorization stating therein “I have authorised NEHM of India for Promotion, Development & Research of Electropathy in India”.
Sh. P.K. Bhasin, Addl. Distt. Judge, Tis Hazari Court, Delhi has passed an order (Suit No.27 of 1992, NEHM of India Vs Delhi Administration & Union of India) restraining the defendants from issuing any public notice concerning the activities of the plaintiff as has been done in the form of public notice dt. 09-07-1992.
The High Court of J & K at Srinagar has passed the order on 09-09-1998 stating therein there is no need to seek permission from competent authority of the State after taking permission / affiliation from NEHM of India, New Delhi.
Hon’ble Delhi High Court while delivering the judgement in FAONo. 205/92 Delhi Govt. & Union of India Vs NEHM of India on 18.11.98, the Delhi High Court has ordered that NEHM of India may issue Diploma/Certificates and holders of such Diploma/Certificates are entitled to practice in Electropathy systems of medicines on the strength thereof.
Hon’ble Supreme Court of India at New Delhi has dismissed theS.L.P. filed by the Union of India and Delhi Govt. Challenging the order FAO No. 205/92 of Hon’ble Delhi High Court dt. 18.11.98. The Hon’ble Court has re-affirmed/ maintained the statusquo of the High Court order.
Deptt. of Entomology and apiculture, Dr. Y.S.P University Of Horticulture& Forestry, Nauni, Solan (H.P) has issued an Analytical report of electropathic medicines. On the basis of multiresidue analysis for forty two pesticides , the above mentioned patents and medicines were found free from residue.
Deptt. Of Epidemiology and Preventive Veterinary Medicine,College of Veterinary Science , Punjab Agriculture University, Ludhiana has published an article in Indian Journal of Veterinary Medicine mentioning Blue Electricity treatment in blood in milk syndrome. The University was also taken the reference of Materia Medical and Practice of Medicine in electropathy of NEHM of India, New Delhi.
Directorate of Health Services, Govt. of NCT of Delhi in correspondence with Union Health Ministry, Govt. of India has issued notification in light of the observation of Hon’ble Delhi High Court duly confirmed by Hon’ble Supreme Court of India that NEHM of India may issue diploma/certificates & holders of such diploma/certificates obtained from NEHMof India are entitled to practiseelectropathy system of medicines as stated in the order FAO No. 205/92 dt. 18-11-1998.
NEHM of India has also entered into Tech. Collaboration WithG.B. Pant University of Agriculture & Technology, Pant Nagar, (Uttaranchal) for providing necessary assistance to grow & cultivate the seeds and medicinal plants by both the Organisations.
NEHM of India and its affiliated Institutes organised a National Seminar on Electropathy at Jaipur. Hon’ble Mr. Justice Shivraj V. Patil, Judge, Supreme Court of India was invited in the Seminar. While addressing the delegates, he stated that Electropathic Medicines are quicker, safer and cheaper. He further viewed that acceptance of the system by the people is the primary recognition of this system.
Justice Shivraj.V.Patil, Hon’ble Judge, Supreme Court of India unveiled the statue of Dr. Count Ceaser Mattei, the Founder / Father of Electropathy in the premises of NEHM of India , JanakPuri, New Delhi in the presence of Principal Secretary, NEHM of India and the Principals of its affiliated institutes functioning throughout India. On this occasion Justice Patil also gave a slogan “We must give importance of its medicines and efforts of Dr.Awasthy because he is struggling very hard with legal problems. One day the system will be come first and main system all over the world, it is my faith.”
Dr. R.J.Sharma, Dean , College of Veterinary and Animal Sciences, G.B.Pant University has forwarded / sent a letter to NEHM of India enclosing there with a report on the efficacy of electropathy on blood in milk syndrome in cows. The report have been found 83.3 % efficacy to control the conditions in cows having blood in milk.
Order of Assistant Registrar Supreme Court of India According to the decision of Hon’ble Delhi High Court in the matter of FAO No. 205/92 dt. 18.11.98 duly re-affirmed by Hon’ble Apex Court as well as Delhi Govt. that NEHM of India is entitled to award diploma/certificate and the holders of its are entitled to practise Electropathy Medical System on the strength thereof. 19 persons/societies whose applications have already rejected by Hon’ble Allahabad High Court, have approached the Hon’ble Supreme Court of India on the grounds of similarity with the hope that they may also be allowed to award Diploma/Certificates in Electropathy. The Assistant Registrar of the Hon’bleAppexCourt has rejected their plea with the direction that no action can be taken on the said documents as you were not party on this matter. The contents of the order is reproduced below :-
“……….With reference to your letter dt. 12th, 13th, 15th, 16th, 17th, 18th, 21st, 23rd and 25th December, 2006 and 2nd and 4th January, 2007 respectively sent by post with enclosures received in the matter above mentioned. I am directed to inform you that no action can be taken on the said documents as you were not party in this matter.”
Judgment of Hon’bleAppex Court (IA) dt. 11.07.2008:- Same persons/societies whose petitions have already been dismissed by Hon’ble Allahabad High Court earlier, have also filed an Interlocutory application (I.A) in the Hon’ble Supreme Court of India on the grounds of similarity with the hope that they may also be allowed to award Diploma/Certificates in Electropathy. After hearing on the matter the Bench of Hon’ble Mr. Justice B.M. Agrawal and Hon’ble Mr. Justice G.S. Singhvi of the Hon’ble Supreme Court of India has dismissed the I.A. on 11.07.2008 with the direction to withdraw and move the concern High Court by filing a fresh Writ Application. The order is being re-produced as under :-
“Heard Learned Counsel for the applicants after some arguments, learned counsel appearing on behalf of the applicants is permitted to withdraw these applications with liberty to move the concerned High Court by filing writ application with the aforesaid observation, interlocutory application Nos. 2 and 3 are disposed of”.
Hon’ble High Court of Allahabad (U.P) has disposed of Writ Petition No. 31904 of 1991 directing the Union of India that the petitioner (NEHM of India) may file a fresh representation before the Ministry of Health and Family Welfare, New Delhi, bringing on record the various orders passed by various High Courts and that of the Supreme Court. If such a representation is made with regard to recognition of the course, the authority will consider and decide the matter to recognize BEMS course run by petitioner i.e. NEHM of India by a reasoned and speaking order within six months from the date of the production of a certified copy of this order along with the representation. If necessary, the petitioner would be accorded personal opportunity of hearing by the respondents.
Hon’ble Supreme Court of India has given stay against the operation of Addl. CJM Aligarh. The practitioner / petitioner was registered with NEHM of India and has been harassed by Local Administration, Aligarh (UP).
As per the directions of Hon’ble High Court of Allahabad dated.3.08.2009, NEHM of India, through the Principal Secretary, submitted representation accompanying with comprehensive data and judiciary orders related with electropathy as well as NEHM of India to the Ministry of Health & Family Welfare, Govt. of India for considering the matter of the recognition to BEMS Course run by NEHM of India, New Delhi.
Dept of Health Research, Ministry of Health & F.W., Govt. Of India after examing the facts as well as judgements of various Courts and Supreme Court mentioned in the representation which was filed by Principal Secretary on 28-10-2009 so directed by the Hon’ble High Court of Allahabad on 03-08-2009, the ministry issued the order no. V.25011/276/2009 (HR) dt. 5th May, 2010 stating therein that there is no proposal to stop the petitioner i.e. NEHM of India from practicing in electropathy or imparting education. Further it has also been stated in the order dt. 05-05-2010 that once the legislation to recognize new system of medicine is enacted , any practice or education would be regulated in accordance with the said Act.
In accordance with the order / notification issued by Ministry ofHealth, Govt. of India dt. 05-05-2010, Hon’ble High Court of Gujrat at Ahmedabad has already passed an order on 31-08-2010 stating therein that the Central Govt order dt. 05-05-2010 is a policy decision and Govt. authorities is bound to give weightage to the same .The order is reproduced below :-
5 (ii) “The Central Govt. having taken a policy decision by its letter dt. 05-05-2010, the respondent authorities , including the Surat Municipal Corporation and the State Govt., are bound to give weightage to the same, and to act in accordance with the law and judgements of different High Courts and Supreme Court, as referred in the Central Govt. letter aforesaid.
In view of the policy decision dt. 05-05-2010 issued by Ministry ofHealth & F.W, Govt. of India & the order dt. 31-08-2010 passed by High Court of Gujrat, the Surat Municipal Corporation has issued the order stating therein NEHM of India, New Delhi organization’s degree obtained electropath’s practice and its related issued are to be kept in mind , and tackle it with reference of these orders.
The Judicial Magistrate F.C. Pusad has passed the order on 22-12-2010 stating therein the accused acquitted vide section 248 (1) of Cr. P.C of the offence punishable U/S 35 of Maharashtra Medical practitioner Act, 1961.
Ministry of Health & F.W., Govt. of India has clarified UnderRTI that “the recognition of new system of medicine Bill” is at present under consideration of the Government.
Nodel Officer, Ramabai Nagar (UP) has informed the & Chief Medical of the District through RTI stating therein that the 27-01-2011 VMSRM Med.College of Electropathy, Rasulabad, Kanpur (UP) is function under NEHM of India and in view of policy decision of Central Govt. dt. 05-05-2010 no action can be taken against the Institute.
Ministry of Health & F.W., Govt. of India has clarified through RTI that electro Homoeopathy is not yet recognized as a system of medicine. However, there is no bar on practicing electro homoeopathy or imparting education in view of the order dt. 05-05-2010 issued by this Ministry.
The Registrar, Delhi BhartiyaChikitsaParishad, Deptt. of Health & F.W., Govt. of NCT of Delhi vide his letter dt. 08-03-2011 has informed the electropath practitioner of NEHM of India that practice in electropathy is not in the purview of this parishad.
Dr.N.K.Awasthy approached the Governers of the State at 19-11-2011 through a letter requesting him to implement the order & of Central Govt. dt. 05-5-2010 in the State on the grounds that the Central Govt. order being a policy decision and 07-01-2014 bound to theState.
The Chief Medical Officer Farrukhabad has clarified that in & view of the policy decision of Central Govt. dt. 05-05-2010
22-06-2011 only NEHM of India is empowered to provide education in electropathy and the practitioners registered with it is empowered to practice in the State.
The Joint Secretary , Office of the Governer , Haryana has forwarded the letter to Chief Secretary , Health Deptt. Chandigarh (Haryana ) for proper action.
Ministry of Health, Govt. of India vide another order No. C.30011/22/2012-HR dt. 21-06-2011 has sent the policy decision dt. 05-05-2010 to Health Secretaries of all the states including UTs stating therein that the order dt. 05-05-2010 would be treated as instructions of the Govt. of India related to practice, education & research with regard to alternative system of medicine like electropathy/ electro homoeopathy etc.
Joint Secretary, Govt. of H.P has forwarded the policy decision of Central Govt. dt. 05-05-2010 to all CMO & DAO of the State for necessary Implementation of the policy decision.
The Homoeopathic Council of Haryana, Panchkula has clarified that in view of the notification of Central Govt. dt. 05-05-2010 there is no bar on practicing in electropathy.
The Directorate of Ayush, Chandigarh administration & forwarded the instructions etoelectropathy practitioners 26-12-2011 stating therein that the Chandigarh administration is implementing the instructions issued by the Central Govt. dt. 05-05-2010.
Health & Education Deptt. Govt. of UP (Lucknow) has & issued the order & implementing the policy decision of 04-01-2012 Central Govt. dt. 05-05-2010.
The Homoeopathic Council Haryana, Panchkula (Har) has clarified the electropathy practitioner of NEHM of India stating therein you are entitled to practice in electropathy system in view of the policy decision dt. 05-05-2010.
The Chief Judicial Magistrate ,Ahmednagar, Maharashtra hasdelivered a judgement on 29-02-2012 vide which the acused is acquitted for the offences U/S 420 of the Indian Penal Code and 33 of the Maharashtra Medical Practitioner Rules 1969.
Directorate of Ayurveda, Shimla (HP) has clarified that Electropathy Electro homeopathy has been treated as a mode of treatment and the registered practitioners have been authorised to practice this mode of treatment in view of the Govt. of India instructions dt. 05-05-2010.
Directorate of Health & F.W., Govt. of Nagaland, Kohima has informed the Principal Secretary, NEHM of India that as per the direction of the Govt. of India, order dt. 05-05-2010 & 21-06-2011, the electropathy practitioner practicing in their own parameter is entitled to practice.
The Under Secretary ,Deptt. of Health Education, Govt. of UP,Lucknow (UP) has informed the Principal Secretary of NEHM of India that the State Govt. has already implemented the order of Central Govt. dt.05-05-2010 vide letter dt. 15-12-2011 & 04-01-2012 respectively.
Hon’ble Supreme Court of India delivered a judgement that TheGovt. is free to frame guidelines and Court cannot interfere in it. The Court cannot substitute Govt’s views on policy matters and must sit as an appellate body on Govt. decision.
Ina Office Memorandum Deptt. of Ayush, Ministry of & Health & F.W., Govt. of India has nominated/ 30-11-2012 recognized NEHM of India as CPIO for the purpose to give reply under RTI related with Electropathy medical system under endorsedment of a copy to the Ministry.
Deptt. of Health Research , Ministry of Health & F.W., & Govt. of India has clarified that the electropathy/ 21-02-2013 electrohomoeopathyis regulated/ governed by the Ministry of Health and Family Welfare vide order it 05-05-2010 & 21-06-2011.
Complying the instructions of Deptt of Ayush NEHM of India is furnishing the reply sought by the applicant under RTI with an endorsedment to the concerned Ministry regarding authorization of NEHM of India for promotion, development & research of electropathy medical system.
NEHM of India has issued a letter suggesting the Electropathy practitioner and public in general with regard to the authenticity of the manufacturing the electropathy medicine. It is further suggested that those who have completed five years of the registration from the date of issue from NEHM of India requires to be renewed for further period of five years.
National Institute of Social Defence (NISD) an autonomous Institution under Ministry of Social Justice & Empowerment, Govt. of India has given assignment to electropath practitioner of NEHM of India to complete the project on the topic “ Electropathy Medicine for constipation among elderly under the scheme of the project National Initiative on care for elderly (NICE) in the Post Graduate Diploma Course.
53.(a) 10.12.2013 , NEHM of India has issued a public notice in different news
06-03-2014 & paper informing all DEHM practitioners that renewal of 03-04-2014 DEHM B “Gr” registration has been stopped / baned.
Therefore all DEHM / BEMS 1st year qualified persons are required to complete BEMS course in 3 consecutive semesters.
53.(b) 12-07-2013 High Court of Judicature of Rajasthan Bench at Jaipur Whiledismissing Civil Writ Petition No. 4943 /2007 passed an order that the Writ Petition has become Infructuous in view of order no. V.25011/276/2009-HR dt. 05-05-2010 issed by the Ministry of Health & F.W., Deptt.of Health Research , NirmanBhawan, New Delhi.
A PIL No. 9438 of 2014 has been filed in the High Court of West Bengal at Calcutta with the view to restrain the operation of policy decision dt. 05-05-2010 because Electropathy practitioners of other Board not covered under the ambit / purview of policy decision dt. 05-05-2010 issued by Ministry of Health & F.W., Govt. of India. Hon’ble High Court during the debate of arguments , found that said PIL was filed by petitioner on the basis of false averments and therefore, above PIL has been dismissed with cost.
Therefore, now there is no confusion that NEHM of India is only organization is covered under the ambit / purview of policy decision dt. 05-05-2010 issued by Ministry of Health & F.W., Govt. of India.
A petition was filed by the BEMS practitioners of NEHM of India with the view to get opportunity for the employment and practice in electropathy on the basis of the advertisement published by J & K Govt. during 2007. While disposing of the petition the Hon’ble High Court directed the respondents to take the decision within two months with regard to participate the selection process. The Hon’ble Court further directed in case the proposal is rejected and proposed posts not created, petitioners would be free to re agitate the matter.
Deptt. of Health Research, Ministry of Health & F.W., Govt. ofIndia vide his letter No. V.25011/163/2014-HR dt. 14-07-2014 clarified through RTI that in so far as development & practice of Electropathy medical system by NEHM Institution is concerned, a Bill for recognition of Alternative Medical System like Electro Homoeopathy is under consideration of the Govt. of India.
The Judicial Magistrate 1st class, Mehkar, Distt. Buldhana, Maharashtra has delivered a judgement on 25-07-2014 vide which the accused are acquitted u/s 248 (1) of Criminal Procedure Code, for the offence punishable u/s 420, 468 & 471 R/W of the Indian Panel code and u/s 43 , 56 of Maharashtra Medical Practitioner Act.
In pursuance of the order of Allahabad High Court dt. 03-08-2009 and even Central Govt. circular dt. 05-05-2010 , Health Ministry repeatedly informing under RTI that a Bill for recognition of new system of medicine is under active consideration. Even Union Health Minister Hon’bleShriJ.P.Nadha has already written in a D.O.letterdt. 14-12-2014 that the present Government is in process of introducing a Bill in the Parliament to recognise new system of medicine. Once the Electro Homoeopathy is recognised as a new system of medicine, necessary action will be taken by the Ministry of Health & F.W. for its inclusion in the health policy. Accordingly the Bill titled “The recognition of New Systems of Medicine Bill, 2014” is ready for introduction in the LokSabha which has already been enlisted in the list of Bills on Government’s Agenda in Parliament’s Winter Session in column- III and already published in various print media and even on internet.
Sh. JagatPrakashNadda Hon’ble Union Health Minister vide his D.O. Letter No. 275440/2014-HFM dt. 14-12-2014 has clarified while giving a reply to the electropathy practitioner of NEHM of India that ….. “I am pleased to inform that the present government is in the process of introducing a Bill in the Parliament to recognize new systems of medicine. Once the Electro Homoeopathy is recognized as a new system of medicine , necessary action will be taken by the Ministry of Health & Family Welfare for its inclusion in the health policy.
Further it is not out of place to mention here that the Hon’ble Health Minister has also referred the policy decision dt. 05-05-2010 issued Union Health Ministry for NEHM of India. It is hoped that this is final fighting to recognize electropathy in the light of policy decision.
ORDER OF HON’LBE SUPREME COURT OF INDIA (SLP CIVIL No. 29919/2011 Dt. 22-01-2015) While disposing of above SLP , Hon’ble Supreme court of India has ordered that in view of the Counter Affidiavit filed by the Union of India, to the effect that there is no ban on the medical practice of electro homoeopathy, the petitioners do not wish to press the present Special Leave Petition. I t is also submitted that Circular dt. 5th May, 2010 is also on similar lines.
On the grounds of the order of the Hon’ble Supreme Court dt22-01-2015 , Birender Kumar Singh and 12 others belongs to other board have file LPA No. 1340 of 2013 in the Hon’ble High Court of Gujrat at Ahmedabad with the view to get the benefit to him as that of NEHM of India (Respondent No.3). After argument on such LPA , the Hon’ble High Court disposed of the case on 09-02-2015 on the following order:
The issue involved in this appeal is governed by the decision of the Apex Court passed in Special Leave to Appeal (c) no. 23572 of 2009 . Hence this appeal stands disposed of in terms of the above order of the Apex Court.
High Court of Bombay disposed of a PIL Writ Petition No. 2483 of 2005 filed by NEHM of India pending since long keeping in view the order of Hon’ble Supreme Court of India dt. 22-01-2015 that there is no ban on medical practice of Electro Homoeopathy in the light of the Ministry of Health & F.W., Govt. of India policy decision / order dt. 05-05-2010.
High Court of Orissa at Cuttack has passed an order (W.P.(C) No.22209/2015 directing the Respondents to implement the policy decision /order dt. 05-05-2010 duly accepted by Hon’ble Supreme Court of India dt. 22-01-2015. The petitioner in this case is affiliated to NEHM of India, New Delhi.
Medical Council of India (MCI) vide letter no. MCI-7 (10)/2016-RTI /06/09 dt.02-05-2016 has clarified under RTI that the use of prefix ‘Dr.’ by registered practitioner is a matter of convention/usage whereas medical council of India itself stated vide letter dt. 29-07-1994 that there is no such rule under the Indian Medical Council Act 1956 to use this abbreviation .
Deptt. of Health & F.W., Govt. of Gujrat , Gandhinagar has clarified under RTI dt. 14-06-2016 enclosing therewith the letter dt. 06-06-2012 issued by Gujrat Govt. that in absence of any Regulatory Act Rules enacted by Parliament of India , State Govt. is not competent enough to take any decision. Only Central Govt. is empowered to enact Act/Rules for any new medical system and then only State Govt. may consider to implement such approved system of medicine.
The Judicial Magistrate /Civil Judge (CD) ,Kashipur , Distt. Udhamsing Nagar, (Uttaranchal) has given an order acquitting the charges lodges against Electropath Practitioner (AzizurRehman) u/s 420 , 328 & 304 IPC keeping in view the Central Govt. policy decision dt. 05-05-2010 duly accepted / re-affirmed by Hon’ble Supreme Court of Indiadt. 22-01-2015. FIR lodged against the practitioner on above mentioned sections has also been quashed as the impression “Technical Collaboration with G.B.Pant University of Agriculture &Technology , Pant Nagar was written on the certificates of the practitioner issued by NEHM of India, New Delhi during the enforcement period (2003-2013).
Chief Medical Officer Chhatarpur (MP) has given an order on 22-08-2016 that in accordance with the order of Hon’ble High Court, no action taken upon the practitioners practicing in Electro Homoeopathy medical system as the qualified persons are entitled to practice in the system in which he has qualified. Therefore , there is no necessity to register his name in the office of CMO . However, if found practicing in other than system , action will be taken against the practitioner.
Hon’ble Supreme Court of India has dismissed a SLP No.CC 16289/2016 (IMAECSED Vs. Union of India &Ors) on merit and on limitation as the SLP has been filed beyond the limitation and inordinate delay. During 2014 a PIL No.9438/2014 was also filed by the unauthorized boards/organizations which was also dismissed by Hon’ble Kolkata High Court on the ground false averments . The PIL was filed by unauthorized boards with the view to restrain the operation of Central Govt. policy decision dt. 05-05-2010 as the practitioners of the such unauthorized boards/ petitioner are not covered under the ambit /jurisdiction of said policy decision. Thus the Central Govt. policy decision is applicable only to NEHM of India and its practitioners.
07-10-2016 & 03-11-2016
Hon’ble High Court of Judicature at Madras while disposing of the petition 35881/2016 and WMP No.30818/2016 (Dr.N.Rangarajan Vs. Union of India &Ors.) and another Writ Petition No.38227/2016 & WMP No. 32778/2016 (Dr.R.Harigovindan Vs. Union of India &Ors.) directed the Respondent No. 1 i.e. Union of India through Secretary Health Ministry of Health & F.W. to pass orders on merits and in accordance with law within a period of 4 months from the date of receipt of a copy of this order. The Hon’ble Court has also taking the note of the circular of First Respondent dt. 05-05-2010 as well as the judgment of the Hon’ble Apex Court dt. 22-01-2015vide which it has been clearly mentioned that there is no ban on medical practice of Electro Homoeopathy.
In this case NEHM of India stood Respondent No.3 & both the petitioners are qualified from and registered with NEHM of India (Respondent No.3) through its affiliated Institution functioning in Tamilnadu.
Madras High Court delivered a final judgment in W.P.No.38388 of 2016 dt. 28-11-2016 allowing the petitioner /practitioner to practice in the system without hindrances in view of the Central Govt. policy decision dt. 05-05-2010 and Supreme Court of India order dt. 22-01-2015. Hence , there is no need to take permission from the Joint Director of Health, Vellore, District to practice Electropathy in Tamilnadu.
On the direction of the office of the Prime Minister of India, Deptt. of Health Research , Ministry of Health & F.W., Govt. of India has issued a letter No.V.25011/15/2017-HR dt. 06-02-2017 inviting Ms. SumanAgnihotri , Advocate , Supreme Court of India to discuss about the recognition of the system in view of the Central Govt. policy decision dt.05-05-2010 under the Chairmanship of Sh.Vijay Kumar Gauba,, Joint Secretary at Room No. 223-A, IRCS Building, Red Cross Road, New Delhi.
During the discussion Joint Secretary questioned for the literature and relevant documents about the system. The Principal Secretary , NEHM of India has submitted vide letter dt. 13-02-2017 acompany with the photocopies of the representation and other relevant documents which was already submitted on 28-10-2009 to the Health Secretary.
Deptt. of Health Research , Govt. of India has already clarified through RTI that Electropathy /Electro Homoeopathy is a mode of system based on herbal plants.
Deptt. of Health Research , Govt. of India has issued a notice Vide No.V.25011/436/2016-HR dt.28-02-2017 through website inviting the proposals /suggestions from various stakeholders /public /supporters/promoters of alternative system of medicine, seeking recognition to any new system(s) of medicine accompany with relevant documents /literatures of the system.
While finalizing a case related with Society Registration Act,Hon’ble Allahabad High Court passed an orderthat the organization registered under Societies Registration Act, 1860 (S.R.Act,1860) dt. 26-05-2017 have no right to conduct examination and even award certificates. The Hon’ble Court also directed the CBI Department to investigate this issue. This news item published in daily newspaper “Jansatta” 01-06-2017
Under Secretary,Deptt. of Health Research, Ministry of Health & F.W., Govt. of India vide his letter U-11018/02/2017-HR dt. 13th June, 2017 has informed the organizations and even persons those have already submitted the proposals as desired by the Govt. vide notice dt. 28-02-2017 to submit fresh proposal in the matter , and that strictly in the manner as advised in the notice.
While giving reply under RTI Act, 2005 Central Council of Homoeopathy clarified that the information pertaining to Inquiry Committee of Homoeopathy and report thereof is not available in the Council. This information indicates that the Council meant to control and deal with a particular system like Homoeopathy where the record /information before recognition is not available.
Under Secretary, Deptt. of Health Research has sent reminder to Dr. N.K.Awasthy Chairman, NEHM of India to submit proposal in proper form given in clause 4 (a) of notice dt. 28-02-2017.
Rajasthan Govt. recognized Electropathy medical system on 09-03-2018 Rajasthan Govt. (Rajasthan State Legislative Assembly) passed the Rajasthan Electropathy Medical System Bill 2018 by KhalicharanSaraf (Hon’ble Health Minister) in continuation of recognition to Ayurveda, Unani& Homoeopathy Medical system ,State Government and Central Govt. on the basis of the study of the report of legal and scientific analysis set up by Rajasthan Govt. on 14-07-2017.
With regard to education and practice of Electropathy, Hon’ble Supreme Court of India passed an order on 01-05-2018 in Civil Appeal No. 4642 of 2018 modifying the order of Hon’ble High Court that Electropathy practice is not banned provided the practitioner possessing degree/diploma/certificate from competent legislature /authority . NEHM of India itself is a competent authority for Electropathy education and medical practice by the order of Central Govt. dt. 05-05-2010 as well as judiciary orders of High Courts and Hon’ble Supreme Court, it has full authority to promote Electropathy medical system in terms of Electropathy education and medical practice through its affiliated learning centres /institutions , award certificates to successful qualified students and holders are very entitled to do medical practice in Electropathy.
As per the direction of IDC 25 organizations came under one roof i.e. NEHM of India and submitted a common proposal on 30-07-2018 before the Under Secretary , DHR , Ministry of Health & F.W., Govt. of India for further consideration of IDC for recognition to the system.
While disposing of C.W.P. No.11716-2814 in the matter of Tajinder Singh Vs. State of Punjab &Ors. Hon’ble High Court of Punjab & Haryana at Chandigarh has delivered a judgment on 09-04-2019 that state is not preventing the petitioner to practice in his branch of pathy (Electropathy) as per the statements made by respondent at S.No.5 of Counter affidavit that answering respondent do not interfere in day to day functioning of the petitioner and nobody is preventing the petitioner to practice in this pathy as per the instruction of Govt. of India.
Some practitioners of Electropathy qualified from and registered with NEHM of India filed a petition in Hon’ble Madras High Court with the view to register their clinic under Tamilnadu Clinical Establishment Act 2018 as they were forced by local administrations or local health officer to do so will fully knowing that Electropathy is not fall under the purview of said Act. On hearing on petitioner’s representation dt. 26-08-2019, Hon’bleHigh Court of Judicature at Madras dismissed their petition and passed an order on 21-11-2019 in W.P.No. 31908 of 2019 that though the practice of Electropathy is well permitted /protected under Central Govt. policy decision dt. 05-05-2010 .Hence , registration from Clinical Establishment Act is applicable only to the practitioners of recognized medical system.
High Court of Kerala at Ernakulam as passed order on 16th November 2020 while disposing of W.P (C) NO-19208 of 2019 (A ) in the matter of Rajesh K Vs State of Kerala directing thatthe police shall not interfere with the practice of the petitioner unless the petitioner commits some cognizable offence by practising Electro-Homopathy. It is clarified that this judgment will not affect the powers of the State or its agents to proceed in accordance with law, if the Petitioner is found to act in violation of any statutory Provision.
High Court of Madras (Madurai Bench) while disposing of W.P (MD) No-16392 of 2020 accompany with WMP (MD) No- 13713 of 2020 ( R Justin Raj Vs Union of India and 6 Others dated 20.11.2020 directing the respondents 4 to7 not to interfere with the right of the petitioner to practice Electropathy Service and consequently, not to harass the petitioner.
Respondent authorities shall consider the petitioner’s dated 08.10.2020 within a period of 4 weeks from the date of receipt of this order. Union of India stood as Respondent no-1 and NEHM of India stood as Respondent no-3 in this case.
Hon’ble High Court of J&K At Jammu quashed FIR No.05/2020 dt.07.04.2020 lodged u/s 420 IPC against Ep(Khalid Yousuf qualified from and registered with NEHM of India).keeping in view central govt. policy decision dt.05.05.2010 and Hon’ble Supreme Court of India order dt.22.01.2015 .
While finalizing a W.P.No.4508 of 2021 filed by Dr. A.Aruldoss (qualified from and registered with NEHM of India) , Hon’ble Madras High Court vide its order dt. 16-08-2022 permitted the petitioner to practice Electropathy system of medicine only, the medicines of other medical system vizAllopathy, Ayurveda, Unani& Siddha cannot be used during practice. Respondent authorities and Police Officials have been restrained from initiating any action against Electropathy practitioners of NEHM of India.
Hon’ble High Court of Gujrat at Ahmedabad passed an order on 06-12-2022 vide which the Hon’ble High Court allowed to continue practice in Electropathy /Electro Homeopathy in accordance with Central Govt. order / policy decision dt. 05-05-2010 and LPA No. 1314 of 2009 dt. 31-08-2010, in which petitioner is/was qualified from and registered with NEHM of India vide which Hon’ble High Court ordered on 31-08-2010 that Central Govt. order dt. 05-05-2010 is a policy decision and Respondent authorities including State Government are bound to give weightage to the same, and to act in accordance with law and the judgements of different High Courts & Supreme Court as referred in the Central Govt. letter aforesaid.
A recent judgment has come up with regard to treatment with Electropathy medicine on 15-12-2022 in Civil Suit No. 74/2016 in the Hon’ble Court of Civil Judge , Senior Level , Osmanabad (Maharashtra) where Hon’ble Judge has allowed Electropathy practitioner to provide Electropathy treatment and prefix “Dr.”.
Therefore, on the basis of the achievements mentioned here in above, NEHM of India is playing great role in development of this medical system Electroapthy competently with the Ministerial and Judicial support in terms of providing education and awarding certificates and on that basis the persons qualified and registered with NEHM of India are fully entitled to do their medical practice in Electropathy as per the order of Hon’ble Supreme Court of India. Now it is the duty of Central Govt. to save the lives of thousands of Electroapthy practitioners of it by giving recognition to the system which comes under the province of the government.
NEHM of India Auth.Ministry of Health & F.W, Govt. of India (PDR)