In spite of many complaints to Medical Council of India (MCI) against continued practising of modern medicine by ISM doctors in Kerala, a civilian supporting the modern system of medicine approached the National Human Rights Commission (NHRC) for its intervention in the matter.

In a letter to the NHRC, K Anil Kumar, an engineer from Kozhikode has written to the Commission  about this  illegal practice by a section of Ayush/ ISM practitioners. MCI was approached first but  there was no response from it hence justice is sought from the NHRC. Anil Kumar who is the better-half of Dr A Sushama, a crusader for the rights of modern doctors community, has sought an order from the Commission to the MCI, state governments and the union government to take effective measures to prevent the quackery in the state. Dr Sushama is one of the members in the advisory body of the Kerala based Qualified Private Medical Practitioners’ Association.

The letter sent to the NHRC says that the Ayush doctors are taking advantage of some orders issued by certain state governments in the country allowing ISM practitioners to administer modern medicine to the patients who are brought to them on emergencies. But this is a clear violation of a Supreme Court judgement. Anil Kumar said the High Court of Kerala has also made a judgement prohibiting modern medical practice by the practitioners of Ayurveda, Unani, Siddha and Homoeopathy.

While narrating many facts, the letter says that the basic concept of Indian Systems is entirely different from allopathic treatment. ISM treatment is based on the harmony of four humours, whereas allopathic system depends on the use of a drug which produces a reaction that neutralizes the disease. In the case of Homoeopathy, treatment is provided by the likes. These two methods, ISM and Homoeo, do not have the concept of bacteria or virus or fungi which is the fundamental disease causing organism dealt with by the modern system.

After all, change of system is a quackery which will adversely affect the health of the patients and it is the denial of their right to seek right treatment in the proper way. The patients are cheated as they are unaware of the technicalities of the treatments and they give undue trust to such fake doctors, the letter alleges.

The MCI's Code of Ethics Regulations 2002 states that “no person other than a doctor having qualification recognized by MCI and registered with MCI or State Medical Council is allowed to practice modern system of medicine or surgery. A person obtaining qualification in any other system of medicine is not allowed to practise modern system of medicine in any form’. The letter further says that the MCI Act 1956 regulates practice of allopathic medicine by section 15 (2) (b) which states that only those who are registered in State Medical Register can practice allopathic medicine.

According to Anil Kumar the state governments' orders allowing Ayush doctors to practise allopathy is on the basis of certain sections in the Drugs & Cosmetics Act 1940 (D&C Act). He pointed out to the NHRC that the D&C Act is not the Act to control the practice of the modern practitioners in India. It is the MCI Act 1956 which has to regulate the practice of modern medical graduates in the country.