In a significant Order, the Allahabad High Court has ruled that the practice of Electro-Homeopathy is not banned in the state of Uttar Pradesh. However, practitioners of Electro-Homeopathy are prohibited from using the prefix 'doctor' before their names.

The Division Bench of Justice Vivek Chaudhary and Justice Om Prakash Shukla passed the Order while considering a Petition filed by individuals seeking permission to practice Electro-Homeopathy in Uttar Pradesh.

The Petitioners, who had obtained certificates from the Count Mattei Association to practice Electro-Homeopathy, argued that they were permitted to practice in several states across India, including Punjab, Delhi, Maharashtra, West Bengal, and Kerala. However, they faced restrictions in Uttar Pradesh due to the absence of specific laws governing the practice of Electro-Homeopathy in the State.

Citing various government orders, including one dated June 21, 2011, issued by the Government of India, the Petitioners contended that there was no legal impediment to imparting education in Electro-Homeopathy as long as no degree or diploma was awarded for the course. They also emphasized that only the Central Government had the authority to make rules and regulations regarding the practice, education, development, and promotion of Electro-Homeopathy.

The Court delved into the legal framework surrounding the practice of Electro-Homeopathy, noting that while there was no council established for regulating it, government orders were periodically issued to regulate the field. Specifically, the Court referred to a government order dated November 25, 2003, which did not recommend Electro Homeopathy as an alternative system of medicine but directed State governments to ensure that no government institutions granted degrees or diplomas in Electropathy/Electro Homeopathy. Additionally, practitioners were prohibited from using the title 'Doctor' before their names.

Considering the absence of a ban on practicing alternative methods of treatment, the Division Bench pointed out that the Ministry of Health and Family Welfare, Government of India, clarified in an order dated May 5, 2010 that there was no proposal to stop practitioners from practicing Electro-Homeopathy as long as they adhered to the provisions of the November 25, 2003 order.

Drawing from precedent, including the decision in Electro Homeo Medical Association of India v. State of U.P. & others, the Court emphasized that practitioners could practice Electro-Homeopathy in Uttar Pradesh as long as it was not prohibited by a competent authority. However, it reiterated the restriction on using the 'Doctor' prefix before their names.

"In view of the aforesaid, it is held that the petitioners can practice Electro Homeopathy so long as it is not banned by any competent authority. They, however, cannot use the prefix “Doctor” before their name. Accordingly, a direction for noninterference by the respondents/authorities concerned and consequential relief of permitting the petitioners to practice Electro Homeopathy system of medicine in the State of Uttar Pradesh, till the rules in that regard is framed by the competent authority, is also issued," the Court ordered.

Cause Title: Rajesh Kumar v. Union Of India Thru Secy. Ministry Of Health And Family Welfare [Neutral Citation: 2024:AHC-LKO:37418-DB]

Appearance:-

Petitioner: Advocate Vikas Singh

Respondent: C.S.C.,A.S.G.Murli Manohar Srivastava, Advocate Raj Kumar Singh

Click here to read/download the Order


Justice Vivek ChaudharyJustice Om Prakash ShuklaAllahabad High Court

Sukriti Mishra