Madras HC Orders Crackdown On Unlicensed Institutes And Fake Medical Practitioners

The Madras High Court recently ordered the Tamil Nadu police and the state government to crack down on unlicensed medical diploma courses and individuals practicing alternative medicine.

A single bench of Justice SM Subramaniam stated that allowing unrecognised institutes to conduct short term medical courses and issue diploma certificates will have disastrous consequences on the society.

The bench said that since a citizen’s right to health was a part of Article 21, the State is duty bound to protect such right.

“Allowing any unrecognised institute to conduct six months medical courses and issue diploma certificates would result in disastrous consequences in the society. Health being an integral part of Article 21 of the Constitution of India, the ‘State’ is duty bound to ensure that the unrecognised institutes are dealt with properly in accordance with law and the invalid diploma certificates issued by those unrecognised medical institutions are cancelled and the persons secured such certificates are prevented from precising medicine in the society. This being the Constitutional mandate of the State to ensure Right to Life under Article 21 of the Constitution of India, the present case requires an enquiry at large, so as to find out, whether many persons in the society onsetting such medical certificates, precising alternate medicine or not,” Justice Subramaniam stated.

As a result, the bench refused to grant relief to 61 people who claimed to be practitioners of alternative medicine and had approached the Court for permission to continue their precise unhindered.

The petitioner claimed to practice alternative medicine such as acupuncture and yoga.

They pleaded with the police not to interfere with their right to practice and prescribe alternative medicine.

The police and the state government, on the other hand, informed the Court that the petitioners were not licensed medical practitioners. They claimed the petitioners had never participated in any recognized medical course run in accordance with the statute’s provisions.

They had only completed a six-month diploma in Community Medical Services Certificate Course offered by the National Board of Alternative Medicine, an unrecognized private institute.

According to the State, such a diploma course could not be considered a valid degree, allowing the petitioners to practice medicine and prescribe medication to others.

The bench agreed with the State and ruled that under Article 19(1)(g) of the Constitution, unqualified individuals could not claim the right to practice trade and profession.

“The writ petitioners herein are neither holding any valid medical decree nor their names are enrolled as medical practitioners in the Tamil Nadu Medical Council. Thus, they are not entitled to practice alternate medicine or any other practice in the medical field. Thus, the petitioners have not established any acceptable ground for the purpose of considering the relief,” the single bench noted.