Maharashtra Medical Council (MMC) has served show cause notices to 11 Mumbai based doctors for getting engaged in medical practice in a hospital without MMC registrations. Section 33 of the Maharashtra Medical Practitioners Act, 1961 prohibits medical practice by unregistered and unlisted persons.
The show cause notices served comes close on the heels of a Right to Information (RTI Act) application filed by a Mumbai based finance consultant in a medical negligence case. MMC in its reply on the RTI application revealed that 11 doctors of a reputed hospital are not registered with MMC. Explains an MMC Official, "The show cause notices served is intended to seek a satisfactory answer or explanation within 15 days from the doctors for practicing without registrations with the state medical council."
An MMC official talking about the magnanimity of the problem related to unregistered doctors and quacks in the country also revealed that Maharashtra alone has over one lakh quacks whereas Delhi has 40,000 quacks as per a study done a few years back.
In its RTI application filed this year by a healthcare advocacy group Chikitsasansar Trust has also contested that absence of any government regulation led to widespread quackery across the country. Explains Ashok Khandelwal from Chikitsasansar Trust," There are over 2 lakh electropaths working in an unregulated manner because there is no Act in place. As such it does not come under the purview of either of the central or state government's medical Act. This can have a bearing on the patient safety as quacks are practicing it in several villages of the country."
While contesting the issue of recognition of electro homoeopathy which has come up before various high courts, its practitioners say that no law has banned its practice and they are entitled to engage in a profession as guaranteed by the Constitution. The right of electro homoeopathic practitioners are well protected under Article 19(1)(g) of Constitution of India.
For practicing modern medicine or any other forms of Indian system of medicine like Ayurveda/Unani systems of medicine, registration is required under Medical Council Act. For getting these registrations, the applicants should also possess the prescribed qualifications. But electro homoeopathy is an entirely different system of medicine. Its practice is not controlled by any state in India. It is not prohibited by any law also.
Therefore, the practitioners have a fundamental right under Article (19) (1) (g) of the constitution of India to proceed with the practice of the electro homoeopathy. Doctors can practice electro homoeopathy by settled law of the Government of India which means law allowed.