Hijama BodyCare Centre ( Legal Overview)

Hijama Bodycare Centre Treatment and Training Institute

• A Legal Overview

The Council has published the following publications:

Alternate Medical Doctors’ Law, Volume I: Alternate Medical Council of India (Rules, Regulations, Notifications, Circulars, Acts, and Laws from the British Period and as Implemented by the Government of India Up to the Present)

Alternate Medical Doctors’ Law, Volume II: Alternate Medical Council of India

In this process, the government has considered the Hon’ble High Court of Delhi’s Orders dated 18.11.98 in CWP No. 4015/96 and OM No. 8468/97, which, among other things, have directed the central and state governments to consider making legislation to grant licences to existing and new institutes, etc., to control and regulate the various “unrecognised” streams of alternative medicines, and to provide adequate publicity through the media informing

The government established a “Standing Committee of Experts” under the leadership of the Director General of the Indian Council of Medical Research, with members recruited from diverse disciplines of medicine, in order to evaluate and provide recommendations to the government on the effectiveness and benefits of different alternative medicine streams, as well as the practicality of enacting laws, as indicated by the Honourable Court. The Committee developed essential and desirable criteria for granting recognition to a new branch of medicine and examined Ayurveda, Siddha, Unani, Homoeopathy, Yoga, and Naturopathy; Electro-Homoeopathy; Acupuncture; Magnetotherapy; Reiki; Reflexology; Urine Therapy; Hypnotherapy; Aromatherapy; Colour Therapy; and Sound Therapy.

Registered practitioners or appropriately trained personnel could be allowed to practice certain therapies, such as acupuncture and hypnosis, which are not included in Ayurveda, Siddha, Unani, Homoeopathy, Yoga, or Naturopathy, if they meet the essential and desirable criteria developed by the Committee for recognition as a system of medicine. The Committee further advised that all unrecognised systems of medicine should not be permitted to continue bachelor’s and master’s degree programmes and that the word “doctor” should only be used by practitioners of systems of medicine recognised by the Government of India. Those regarded as modes of therapy may be taught as certificate courses to licenced medical practitioners who want to embrace these modes of therapy in their practice, whether they practice contemporary medicine, Indian Systems of Medicine, or homoeopathy.

After studying the different suggestions of the committee with great attention, the government approved these proposals. Accordingly, it is urged that the state and UT governments widely publicise the government’s decision. They may also guarantee that institutions under their jurisdiction do not award degrees or diplomas in the field of medicine that have not been approved for recognition and that only practitioners of a recognised system of medicine use the title “doctor.”

(Order No. R.14015/25/96-U&H(R) (Pt), dated November 25, 2003, issued by the Government of India, Ministry of Health & Family Welfare (Research Desk).)

!!!! Do not harass registered complementary and alternative medicine practitioners!

The police have no legal authority to enjoin or prohibit the practitioner from practicing the alternate system of medicine within the scope of the certificate. Noncompliance is contempt of court (in the judgement and order dated November 18, 1998 in F.A.O. No. 205/92 of the Honourable Supreme Court of India).

The legality, validity, and utility of alternative medicine training courses, practice, and research are in strict accordance with Article 19(1)(g) of the Indian Constitution and national laws.

According to the Indian Board of Alternative Medicine’s Rules and Regulations, successful and trained students of the Council may practice and profess the various systems of alternative medicine anywhere in India.

The Honourable High Court of Calcutta issued a “status quo” order in favour of the Indian Board of Alternative Medicines and against the defendants (the Department of Home (Police), Union of India; the Department of Health and Family Welfare, Union of India; the Medical Council of India, and others). The aforementioned respondents cannot hinder the practitioners of the Indian Board of Alternative Medicine from practicing alternative medicine.

In accordance with their letter No. MCI-34(1)/96-Med./10984 to the Indian Board of Alternative Medicines, registration with the Medical Council of India (MCI) is not necessary to practice alternative systems of medicine.

The Indian Board of Alternative Medicine has received the ISO 9001:2008 Certificate of Registration for offering courses in alternative medicine, holistic medicine, and allied health sciences through regular and distance education.

Government of India, G.R. No. 12011/3/80-ISM, July 15, 1981;

Government of India, G.R. No. 14015/25/96-U&H (R) (Part), dated November 25, 1977;

Government of India, G.R. No. 1077/6006/PH-7, dated December 1, 1977;

1. Section 2(2)(iii) of the Medical Practitioners Act of Maharashtra, 1961

The Indian government’s Recognition of New Medical Systems Bill of 2005 aims to establish a framework for acknowledging and regulating emerging medical systems.

1. Order No. C.O.P. (MD) No. 9466 of 2007 dated September 14, 2007 passed by the Honourable High Court of Madras; 7. Order No. Crl.O.P. (MD) No. 8085 of 2007 dated August 9, 2007 passed by the Honourable High Court of Madras; 8. Writ-W.P. (MD) No. 2452 of 2010 dated March 25, 2010 passed by the Honourable High Court of Madras; and 9. No.
2. Cr.W.P./304/96, dated December 19, 1996

Medicine, Treatment, and Alternative Medical Practice

According to the rules, regulations, notifications, circulars, acts, and laws enacted by the Government of India from the British era to the present day, as well as the orders and judgments issued by the Honourable Supreme Court of India and various High Courts throughout the country, Hijama Bodycare Centre Treatment & Training Institute is established. Following the Vedic techniques of Ayurvedic herbal preparation and application while using organic and organically cultivated plants and herbs is the main practice of the art of healthy living. These methods do not include allopathic treatments, medications, or surgical procedures. These conventional methods are completely drug-free, non-pharmaceutical, non-invasive, and non-surgical, and are thus devoid of adverse effects. According to government notifications and directives, registration is not required for their practice. The Maharashtra Medical Practitioners Act of 1961 or the Bombay Nursing Home Act of 1949 do not govern these alternative systems. They are well protected by the Drugs and Cosmetics Act, 1940 (Chapter 23 of 1940) (Chapter IV-A, Sections 33-B to 33-O read with the First Schedule under Section 3(a) of the Act) and The Drugs and Cosmetics Rules, 1945 (as changed by The Drugs and Cosmetics (Ninth Amendment) Rules, 2017 (G.S.R. 327(E) dated April 3, 2017). The Drug (Control) Act, 1950 (Act No. 26 of 1950), the Indian Medical Central Council Act, 1970, the Ministry of Ayurveda, Yoga, Unani, Siddha, and Homoeopathy (AYUSH), the Government of India, the Central Council for Research in Ayurvedic Sciences, the Council for Scientific and Industrial Research, and the National Commission for the Indian System of Medicine Bill

Thoughts on Alternative Medical Systems

Research has shown that alternative medical systems are cost-effective and have few or no adverse consequences. The majority of India’s population lives in rural areas, where alternative medicines may play a significant role in treating the country’s basic health issues.