Disappointed with the recent judgement of the Madras High Court in the contempt of court case against the DGP filed by the TN Siddha Medical Graduates Association, the TN branch of the Indian Medical Association has decided to appeal against the verdict before the high court.
On July 30, Justice FM Ibrahim Kalifulla had ruled that the registered practitioners in Siddha, Ayurveda, Homoeopathy and Unani were eligible to practise surgery, obstetrics and gynaecology, anaesthesiology, ENT, ophthalmology, etc. While passing orders on the contempt of court petition, Justice Kalifulla also said that penal action against such practitioners should be dropped forthwith.
In February this year, the HC, in another order, had restrained the ISM practitioners from practising allopathic system and administering modern medicines to their patients. Passing the order, Justice KK Sasidharan had held that police could take action against those who practise modern system without qualification. Following this order of the court, the state police had started widespread crack down on ISM practitioners for practising allopathy. This has led the traditional doctors to approach the high court for justice.
Meanwhile, the state government has written to the state police that the institutionally qualified and registered practitioners of Ayurveda, Siddha and Unani could practice their respective systems with modern scientific medicines including surgery, gynaecology & obstetrics, anaesthesiology, ENT, ophthalmology, etc based on their training and teaching in the course. This was based on section 17 (3) B of the Indian Medicine Central Council Act, 1970. Now, while favouring the ISM practitioners, Justice Kalifulla had also taken note of this section of the Act.
Responding to the judgement, Dr Revi Shankar, secretary to IMA TN branch said that the association is going for appeal against the judgement very soon. He said that the judgement has come on the heels of an interim order based on a case of 2006 which has not yet been concluded.
He argued that allopathy was regulated by Medical Council of India and asked whether MCI had given powers to Ayush group to teach allopathy. "If not, how can they practice it .Then, it is a violation and trespassing into other systems of medicine. We will fight the case tooth and nail", he said.
According to him, it is only for comparison, a few hours of pharmacology is taught for siddha course. It does not provide a right or authentic knowledge to practice that system.
.Regarding emergency cases of treatment, he said government has not defined what emergency medicine is. After all, the siddha practitioners have no practical training or experience for handling emergency cases. Treating emergency cases with siddha medicines has not been part of their system. While allowing them to treat modern system, it will help the quacks to enter into the field from back door, he said.