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MEHP HEALTH SCIENCES & RESEARCH COUNCIL
Status Of “Electro Homeopathy” :-
The right of Electro Homeopathic Practitioners are well protected under article 19(1)(g) of constitution of India.
Since Electro Homeopathy is working with the aim of
‘Promotion, Development & Research’ And at this stage,
No act has been enacted by the parliament.
As such it does not come under the purview of either of the Central/State Medical act. All recognized medical systems were recognized under specific Act of Parliament. For Example:
Medical Science Recognition under Act
(Western Medical System)
Indian Medical Degrees Act (under M.C.I. Act 1916 or India Medical Council Act, 1956)
Indian System of Medicines (ISM) Act,1970
Central Council of Homoeopathy Act,1973
All the four medical systems
Also had to struggle for a long time before they could get recognition.
In the mean while these systems were professionally and scientifically developed and they continued giving treatment/helping the ailing masses
for a number of years before they could be accepted by the government.
As a matter of fact these medical systems got recognition from the Govt. One by One i.e. when one was being recognized the others were on their developing stage.
Qualified practioners were in practice and helping in developing the new systems uninterruptedly.
The people using the these medicines who got benefited first, and then they approached their representatives like MPs/MLAs for raising the voices in the Parliament and after that Govt. recognizes the system by making an Act.
Thus today four medical systems are recognized.
Certainly fifth will also be recognized andA thereafter sixth/seventh will be recognized because as such there has been no act enacted in the Parliament to prevent the invention,
And thereafter
Promotions,
Development and
Research
Of any Medical System.
There is no ban on the use and
practice of these harmless methods
of healing as was judged by
The Hon’ble High of Calcutta in 1991. The historical judgment of alternative system (Electro Homeopathy) of medicine can be seen in
CALCUTTA LAW JOURNAL,
VOL-II (1991).
Hon’ble Delhi High Court (Division Bench) consisting of Justice Y.K. Sabharwal, the then acting Chief Justice and Justice S.K. Gupta had framed the rules regarding the legality of Diploma/Certificates and hence entitling the doctors to practice Electro Homeopathic medical system on the strength thereof.
On 24.11.2000 the Bench of the Hon’ble Court comprising Justice Rajendra Babu and B.N. Agarwal declined to and SLP filed by petitioner
(Delhi Govt. and Union of India)
has been dismissed.
The Hon’ble Suprement Court has also maintained the statusquo of the order of Hon’ble Delhi High Court
(FAO No. 205/92) Dt. 18.11.98.
And Now
Ministry of Health & Family Welfare
Has clearly ordered vide letter no.
V. 25011/276/2009-HR
Dated 5th May 2010
“That In accordance with orders of the High Court and Supreme Court
Quoted here,
There is no proposal to stop the petitioners from practicing in electro Homeopathy or imparting education, as long as this is done within the provision of the order No. 14015/25/96-U & H (Pt)
Dated 25th November 2003.
Once the legislation to recognize a new system of medicine is enacted,
Any practice or education would be regulated in accordance with the said Act.”
Thus registered Electro Homeopathy Practitioner has legal right to practice Electro Homeopathy in every
Nook and Corner of the Country.. .!!
Hon’ble Delhi High Court (Division Bench) consisting of Justice Y.K. Sabharwal, the then acting Chief Justice and Justice S.K. Gupta had framed the rules regarding the legality of Diploma/Certificates and hence entitling the doctors to practice Electro Homeopathic medical system on the strength thereof.
On 24.11.2000 the Bench of the Hon’ble Court comprising Justice Rajendra Babu and B.N. Agarwal declined to and SLP filed by petitioner
(Delhi Govt. and Union of India)
has been dismissed.
The Hon’ble Suprement Court has also maintained the statusquo of the order of Hon’ble Delhi High Court
(FAO No. 205/92) Dt. 18.11.98.
And Now
Ministry of Health & Family Welfare
Has clearly ordered vide letter no.
V. 25011/276/2009-HR
Dated 5th May 2010
“That In accordance with orders of the High Court and Supreme Court
Quoted here,
There is no proposal to stop the petitioners from practicing in electro Homeopathy or imparting education, as long as this is done within the provision of the order No. 14015/25/96-U & H (Pt)
Dated 25th November 2003.
Once the legislation to recognize a new system of medicine is enacted,
Any practice or education would be regulated in accordance with the said Act.”
Thus registered Electro Homeopathy Practitioner has legal right to practice Electro Homeopathy in every
Nook and Corner of the Country.. .!!
About Electrohomoeopathy in India
ELECTROHOMEOPATHY IN INDIA” which is appended as below :- As such the Electrohomeopaths helped to promote this pathy through organizations, associations, charitable clinics, camps etc.
In spite of several attacks by the opponents, Electrohomeopathy became more popular among the general public and the system was accepted by the mass. Several apex organizations were opened. The main organizations were – Herbal University of Electro Complex homoeopathy, Kadam Kuan, Patna; Electro Homoeopathic Medical University, Railway Hunder Road, Lohanipur, Patna ; Council of Electro Homoeopathic System of Medicine, Dariapur Gola, Patna ; All India Council of Electro Homoeopathic System of Medicine, New Delhi ; Council of Electro Homoeopathic System of Medicine Bhopal, M.P; Board of Electro Homoeopathic System of Medicine, Juhi, Kanpur ; Indian Elecro Homoeopathic Medical Council ; General Council of Electro Homoeopathic System of Medicine , Midnapur , West Bengal ; Central Council of Electro Homeo System of Medicine, Howrah, West Bengal ; Council of Alternative Systems of Medicines, Calcutta, West Bengal ; Board of Alternative Systems of Medicines ,Calcutta, West Bengal etc. Few of them were affiliated to The Open International University for Complementary Medicines, Medicina Alternativa, Established under WHO, Alma Ata, U.S.S.R., declaration 1962, which is recognized by the United Nations Peace University vide their resolution No. 35/55/5/XII/80. Few could not survive due to lack of experts and genuine followers of Electrohomeopathy. Thousands of students study Electrohomoeopathy every year in the various colleges running under different councils, boards and Universities of India. Students passed from recognized system of medicines also join courses in Electro homoeopathy. The students are given classes by the experts. Charitable clinics are opened to serve the sick and poor peoples.
Till the last moment of his life Dr. N. L. Sinha worked for the development of Electrohomeopathy and wrote several books on the subject in Hindi, Urdu, and English and completed the literatures for the fore coming followers of Electrohomeopathy. Still now the books are being published by Dr. N. L. Sinha & Sons , Kanpur. Dr. N. L. Sinha is also known as father of Electrohomoeopathy in India. Electrohomeopathy could survive in India because of his great work and struggle. On 30th August 1979, we lost our great master of Electro homoeopathy of India. Now Dr. V. B. Sinha is doing the spread work on behalf of his in a better way with the co-operation of various organizations.
Now the Electrohomeopathy is already spread among the people of India and the physicians of the various systems of medicines. The followers of Electrohomeopathy took the matter with great strength by means of press, conferences, parliament marches from different states of India and moved various petitions in High Courts and in the Supreme Court etc. Appeals are made to different respective offices and authorities for the recognition of Electrohomeopathy.
Keeping in view the pressure of general public, associations, doctors, and suffering person etc. regarding genuine demand the Ministry of Health and Family Welfare constituted a five members Enquiry Committee vide letter No. R 1405/3/88 homoeopathy dated 1st September 1988 to submit the report within four months. A second committee was also made in the month of July 1991 to look the efficacy of the system and to report to the Government, so that Govt. may take proper step to recognize the system for the benefit of needy people.
Hence to update your information about Electrohomeopathy, and its legal status the various available reference of letters / documents/orders/judgments of various High Courts / Supreme Court passed in favour of Electrohomeopathy / Alternative Medical Systems are appended below:-
Letter No. 1595B/V – 103/1948 dated 27-03-1953 of Govt. of U.P.
Copy of order / decision dated 7-5-1990 of Calcutta High Court in favour of Alternative System of Medicine / Electro homoeopathy.
Letter No. MCI-34(1)/93-Med./33225 dated 15-3-1994 issued by Medical Council of India stating that Electro Homoeopathy courses / system is outside the purview of the Council.
Letter No. 7-8/93-RQ dated 11-3-1994 issued by Central Council of Indian Medicine stating that Electrohomeopathy does not come under the purview of the Council.
Letter No. MCI -34(1)95-Med.4212 dated 22-6-1995 informing that Alternative Medical System namely Accupuncture, Accupressure, Herbalism, Electropathy/Electro Homoeopathy and Magneto therapy does not come under the purview of Medical Council of India.
Letter No. MCi-207(1)99 Regn./26802-dated 20-11-1999, stating that the direction given by High Court , Delhi in Writ Petition No. 4015 of 1996 and CWP8468/97 were given to the Central / State Govts. For making legislation on the guidelines as given in sections 17, 18, 19, 19(a) of Medical Council of India.
It will be pertinent to note that Medical Council of India had also been arrayed as one of the respondents in Writ Petition No. 4015 of 1996.
Copy of High Court Delhi ordered dated 18-11-1998 passed in C.W.P. 4015 of 1996 (P.I.L.).
Copy of High Court Delhi order dated 18-11-1998 passed in F.A.O. 205/92 tagged with the aforesaid PIL in which the Hon’ble Court held that persons possessing diploma/certificate holders are entitled to practice Electropathy/Electro homoeopathy system of medicine on the strength thereof.
Copy of orders dated 12-10-2000 and 24-11-2000 passed by Supreme Court of India in S.L.P. Appeal (Civil) No. 11262/2000 filed by Union of India & others against the orders/judgments dated 18-11-1998 in F.A.O. 205/1992 of the High Court, Delhi by which the appeal filed by Union of India was dismissed in the light of directions/orders passed in W.P.No. 4015/96 (P.I.L.).
Copy of order of Directorate of Health Services, Gpvt. Of NCT of Delhi, No. F 7(512)2003DHS/HQ/CC/AQC/8115 dated 20-6-2003 authorising the diploma/certificate holders in Electro homoeopathy to practice on the strength of the order of High Court, Delhi in FAO 205/92.
Copy of order passed by high Court of Punjab & Haryana in Writ petition No. 3261 of 2005 dated 8-5-2006.
Copy of Chhatisgarh Vidheyak, 2001 passed infavour of Alternative Medical System obtained by the undersigned vides lette No. 7957/v.s./Legn./2006 dated 11-7-2006.
Translated copy of Resolution no. MCIM/3367/08 dated 20-5-2008 of Maharashtra Council of Indian Medicine, Mumbai stating that Electropathy/Electro Homoeopathy educated persons can practice Electropathy/Electro homoeopathy medicine only on the basis of high Court order (Sedge man) dated 22-12-2006, and they are not bogus doctors.
Copy of order / Judgement passed by High Court, Jabalpur (M.P.) dated 19-3-1999 in bunch of Writ Petitions in favour of Electro homoeopathy/Alternative Medical System of Medicine.
Copy of High Court Madhya Pradesh order dated 26-4-2007 passed in Writ Petition 2006/07 of 2007 along with orders passed in W.P. No. 310/1998 passed by high Court Gwalior and in W.P. No. 3990/95 dated 2-1-2007 in favour of Electropathy/Altenative System of Medicine.
Copy of Judgement dated 17-12-2008 in W. P. No. 19484/2008 and 16325/2006 passed by High Court of Kerala in favour of Electro homoeopathy.
Copy of Judgement of High Court of Kerala at Ernakulum in Writ Petition (C) No. 28145 of 2009 (K) dated 25-1-2010 passed in favour of Electro Homoeopathy.
Copy of High Court, Allahabad order passed in Writ Petition no. 31904 of 1991 dated 3-8-2009.
Copy of Order No. V.25011/276/2009-Hr dated 7th May, 2010 issued by Ministry of health and Family Welfare, Deptt. Of Health & Research. The first Para of Page 4 of the order is being quoted as: “In Accordance with Orders of the High Court & Supreme Court quoted here, there is no proposal to stop the petitioners from practicing Electropathy or imparting education as long as this is done within the provision of the Order No. R-1405/25/96-U&H (R) (Pt) dated 25-11-2003. Once the legislation to recognize new systems of medicine is enacted, any practice or education would be regulated in accordance with the said act.”
Copy of letter dated 7-7-2010 of Dr. Kaiser Ahmad Sheikh sent under RTI Act, 2005 to the Ministry of Health & Family Welfare, Delhi and its reply vide letter no. V 250011/331/2010 HR dated 11-8-2010 by which the Ministry has clarified that the order No. 25011/276/2009-HR dated 7th May, 2010 is applicable to Electro homoeopathic Institutes and practitioners of electro homoeopathy all over the India.
RTI letter , Govt. of India, Ministry of Health and Family Welfare (Hospital Section) , Dy. No. 47/RTI/2011-H, dated -14-2-2011, stating that As per an order of Ministry of Health and Family Welfare Govt. of India, vide File no. V.25011/276/2009-HR Dated- 05.05.2010 “Electrohomeopathy is not yet recognized as a system of medicine. However there is no bar on practicing Electrohomeopathy or imparting education.”
U.P. Government order no 2914/Five-6-10-23 Writ/11, dated 4-1-2012, in favour of electro homeopathy similar to the order Order No. V.25011/276/2009-Hr dated 7th May, 2010 issued by Ministry of health and Family Welfare, Deptt. Of Health & Research.
Copy of the R.T.I. letter no. Dy. No. 47/RTI/2011-H, Govt. of India
Legal Status of Alternative medicines in India
Legal Status
Naturopathy & Yoga, Acupuncture and Hypnotherapy are duly Approved, Recognized and Recommended by Ministry of Health & Family Welfare, Govt. of India as per Letter no. R-14015/25/96-U&H(R)(Pt.) dated 25-11-2003.
The propagation and practice of the various systems of alternative medicine is absolutely legal and in accordance with the constitution of India under Article 19(1)/(g).
Successful and Trained Student of this Council can Practice and profess the various systems of Alternative Medicines. Registration / Permission from Medical Council of India (MCI) is not required to practice Alternative System of Medicines as per their letter no. MCI-34(1)/96-MED/10984.
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