Legal and recognition issues of degree in Ayurveda

Ayurveda is taught at two levels in Indian institutes: 1) Undergraduate. 2) Postgraduate. Duration of undergraduate studies is five and a half years. It includes five years of intensive studies and six-month clinical internship programme. For getting admission in Ayurvedic college, the student has to pass common entrance test after plus two. Before introduction of common entrance test, the Pre-Ayurveda course was available in colleges. Here study of subjects like chemistry, sanskrit, botany and zoology were integral part of Pre-Ayurveda curriculum. Degree awarded was Graduate of Ayurvedic Medicine and Surgery (GAMS).

After the introduction of the common entrance test, the name of the degree undergraduate of Ayurvedic Medicine and Surgery was changed to Bachelor of Ayurvedic Medicine and Surgery (BAMS). Majority of the graduates opt for allopathic practice after graduate studies. A postgraduate study in Ayurveda is three-year course. After completion of postgraduate studies, Vaidya Vachaspati (equivalent to MD) is concerned discipline is awarded. Ayurvedic postgraduates opt for teaching profession or join industry as consultants. Some of them opt for clinical practice. For postgraduates, further options are available for Ph D studies. Person holding Ph D in Ayurveda is known as Ayurvedavaridhi.

Central Council of Medicine
The Central Council of Indian Medicine is the statutory body constituted under the Indian Medicine Central Council Act, 1970 vide gazette notification extraordinary part (ii) Section 3(ii) dated 10. 8.1971. Since its establishment in 1971, the Central Council has been framing on and implementing various regulations including the curricula and syllabii in Indian Systems of Medicine viz. Ayurveda, Siddha and Unani Tibb at undergraduate and postgraduate level. The Sowa Rigpa System of Medicine is included in the Central Council of Indian Medicine from the year 2012 as per Gazette Notification No. 2345 dated 16. 12. 2011. Now, all the Colleges of Indian Systems of Medicine are affiliated to various Universities in the country. These colleges are following the minimum standards of education and curricula and syllabii, prescribed by Central Council.

The main objectives of the Central Council is as under:
 To prescribe minimum standards of education in Indian Systems of Medicine viz. Ayurveda, Siddha, Unani Tibb and Sowa Rigpa.

• To recommend Central government in matters relating to recognition (inclusion/withdrawal) of medical qualifications in/from Second Schedule to Indian Medicine Central Council Act, 1970.
• To maintain a Central register of Indian Medicine and revise the register from time to time.
• To prescribe standards of professional conduct, etiquette and code of ethics to be observed by the practitioners.
• To consider and furnish the recommendation to government of India on proposal received from various institutes from government of India for establishment of new colleges of Indian Systems of Medicine, to increase intake capacity in undergraduate, postgraduate and to start new or postgraduate additional subjects.

Recognition of medical qualifications
The medical qualifications granted by any University, Board or other medical institutions in India which are included in the Second Schedule shall be recognised medical qualifications for the purposes of this Act.

Any University, Board or other medical institution in India which grants a medical qualification not included in the Second Schedule may apply to the Central government to have any such qualification recognised, and the Central government, after consulting the Central Council, may, by notification in the official gazette, amend the Second Schedule so as to include such qualification therein, and any such notification may also direct that an entry shall be made in the last column of the Second Schedule against such medical qualification declaring that it shall be recognised medical qualification only when granted after a specified date.

Status of degrees awarded in Ayush
Illegal: If the course is opened without government of India permission then it is an illegal one and such act is punishable also. No one can use this degree for employment or even display it as a qualification.

Unrecognized: If such course is opened after government of India permission but there are deficiencies as per CCIM requirement or CCIM inspection process is underway then it is unrecognized but may get recognized once all things are in place.

Derecognized:  The courses were opened with permission of government of India and earlier were recognized by CCIM also but later on CCIM recommended/declared them as derecognized course on their subsequent inspecting. Such courses may also get recognized again by CCIM in their further inspection. This happens after CCIM issues notices to the concerned college.

UGC and ayurvedic degrees
As per Gazette of India notification dated 23rd May, 2009 under Section 22 of the UGC Act, 1956, BAMS and MD (Ayurveda) degrees are specified for the purpose of the act.  They are considered to be recognised with prior approval of the apex body.

Supreme Court view
In a case involving GAMS degree awarded by State Faculty of Ayurveda and Unani, Patna, court said that if a medical degree is give by a university and the university is lawful university under the university act then such degrees are to be treated as a recognized medical qualification for the purpose of both employment and higher education.

Where lays the problem?
In case of Ayurvedic degrees, the concerned college has to get approval from

• Central Council of Indian Medicine, Dept of Ayush, Government of India.
• Concerned University,
• Concerned State.

Records of Central Council of Indian Medicine and CCIM and Central Council of Homoeopathy indicated that as of March 2005, medical qualification awarded by 69 out of 444 colleges was yet to be recognised. The Councils allowed these colleges to run various courses from time to time without recognition. Though the courses of the concerned universities were not recognised, 68301 students had already passed out from various colleges of Ayurveda and Unani systems during 1997-2005.

Ministry granted permission to two Homoeopathy colleges (in Chhattisgarh and Orissa) for continuance of courses in new sessions during 2003-04 and 2004-05 respectively against the specific advice of the Regulatory Council though these colleges lacked adequate infrastructural facilities. The students passing out of such colleges would face the prospect of not being considered recognised Ayush practitioners that could be not only detrimental to the growth of the system but also put a question mark on their future career.