'Right to life in jeopardy because of AYUSH doctors practising modern medicine'

New Delhi: A Division Bench of the Supreme Court on Monday issued notice on a writ petition filed by the Association of Medical Consultants, Mumbai challenging the constitutionality of specific provisions of the National Commission for Indian System of Medicine Act, 2020 and the National Commission for Homeopathy Act, 2020 as well the 2020 amendment to Regulation 10(9) of the Indian Medical Central Council (Post Graduate Ayurveda Education) Regulation, 2016, LiveLaw reported.

These provisions, introduced in 2020, formed the keystone of the Centre's decision to integrate different kinds of alternative medical systems, such as Homeopathy and Ayurveda with modern or mainstream medicine, commonly referred to as Allopathy, by allowing practitioners of alternative medicine to hold office as surgeons and practice modern medicine, and in certain cases, be trained in and perform a number of surgeries.

The Union government has claimed that this integrative health system, christened 'One Nation One Health System' would promote "inclusive, affordable, evidence-based, person-centric healthcare" and help address the nationwide shortage of doctors. However, the government's push for what has been pejoratively termed "mixopathy" or "crosspathy", has been criticised by doctors and medical associations.

In the present petition, AMC Mumbai has also claimed: "The nature of injury caused to or likely to be caused to the public is grave and bearing serious repercussion on public health, medical infrastructure and right to life including the right to correct and prompt medical aid as enshrined under Article 21 of Constitution of India."

The Bench comprised Justices Hemant Gupta and Sudhanshu Dhulia.

In 2020, Parliament enacted the National Commission for Indian System of Medicine Act, 2020 and the National Commission for Homoeopathy Act, 2020 which allowed practitioners of the Indian System of Medicine (including Homoeopathy) to hold office in the capacity of a surgeon and practice modern medicine. The National Commission for Indian System of Medicine Act, 2020 has repealed the erstwhile Indian Medicine Central Council Act, 1970.