Practice Of Electro-Homeopathy Not Banned In UP But Such Practitioners Can't Use 'Doctor' Prefix: Allahabad High Court

The Allahabad High Court has held that the practice of Electro Homeopathy is not banned in the State of Uttar Pradesh but such practitioners of electro homeopathy cannot use 'doctor' prefix before their names.

The bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla further held that the practice will be governed by Government order dated 25.11.2003. It said,

“although no institution can confer a diploma or degree in Electro Homeopathy, however, as there is no ban, the petitioners can always practice Electro Homeopathy as an alternative therapy within the parameters of order dated 25.11.2003. This Court also finds that in the absence of any statutory provisions, there could not be any conferring of diploma or degrees in Electropathy or Electro Homeopathy in India, however, there is no bar in issuance of Certificate for the said study.”

Factual Background

Petitioners had obtained Certificate from the Count Mattei Association to practice Electro Homeopathy System of medicines. By virtue of the certificates, petitioner were permitted to practice Electro homeopathy in Punjab, Delhi, Maharashtra, West Bengal, Kerala and other states, however, they were not permitted to practice the same in Uttar Pradesh as there was no law in the state regarding the same. Petitioner approached the High Court seeking permission to practice Electro Homoeopathy in UP.

Counsel for petitioners argued that the order dated 21.06.2011 issued by the Government of India clarified the order dated 25.11.2003 were instructions relating to practice, education and research for alternative system of medicine like Electropathy, Electro Homeopathy, etc. it was argued that order dated 21.06.2011 provided that as long as no degree/ diploma is awarded/issued for that course there was no legal impediment in imparting education of Electro Homeopathy and that such persons cannot use 'doctor' as prefix to their names.

Further reliance was placed on office memorandum dated 13.04.2023 where it has been stated that only Government of India has the power to make rules/regulations regarding practice, education, development and promotion of electro homeopathy. It was argued that since such powers have been reserved by the Central Government, the State Government cannot act in its contravention and prevent the petitioners from practicing.

High Court Verdict

The Court held that “right to make Rules and Regulations for practice for Electropathy including Electro Homeopathy is vested with the Central Government.” The Court observed that there was no council established in the country for regulating the same and only government orders were issued from time to time for regulating electropathy and electro homeopathy.

Regarding the Government order dated 25.11.2003, the Court observed that it did not recommend Electropathy/Electro Homeopathy System of medicines as an alternative system of medicines. Directions were issued to all State/Union territory Governments to publicize and ensure that no government institutions granted a degree or diploma for practicing Electropathy/Electro Homeopathy. Further, such practitioners were not to use 'Doctor' as a prefix to their names. The Court observed that there was no ban in practicing alternate method of treatments.

Further, the Court observed that vide order dated 05.05.2010, Ministry of Health and Family Welfare, Department of Health Research, Government of India clarified that there was no proposal to stop from practising in electropathy or imparting education as long as order dated 25.11.2003 was being followed.

Thereafter, following the decision of the Allahabad High Court in Electro Homeo Medical Association of India Vs. State of U.P. & others, Government order dated 21.06.2011 was issued clarifying that orders dated 25.11.2003 and 05.05.2010 were to be treated as instructions in the field of alternative systems of medicine like electropathy, electro homeopathy etc. for education, practice and research.

The Court also relied on Sutapa Singh Vs. State of U.P. and others where the Apex Court granted permission to the petitioners therein to practice electro homeopathy and held that such practice and imparting education must be done in accordance with government order dated 25.11.2003.

Accordingly, the Court held that Electro Homeopathy could be practised by petitioners in the State of UP till it was not banned by a competent authority. However, the Court restrained the petitioners from using 'Doctor' prefix before their names.

Case Title: Rajesh Kumar S/O Ram Khelawan Singh And Anr. v. Union Of India Thru Secy. Ministry Of Health And Family Welfare 2024 LiveLaw (AB) 331 [WRIT - C No. - 6856 of 2009]

Case citation: 2024 LiveLaw (AB) 331

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