A person who does not have knowledge of a particular System of Medicine but practices in that System is a Quack and a mere pretender to medical knowledge or skill, or to put it differently, a Charlatan.
Homoeopaths has permissionto practice in HOMOEOPATHY ONLY, he was under a statutory duty not to enter the field of any other System of Medicine as,admittedly, he was not qualified in the other system,
Allopathy, to be precise. He trespassed into a prohibited field and was liable to be prosecuted under Section 15(3) of the Indian Medical Council Act, 1956. His conduct amounted to an actionable negligence particularly as the duty of care indicated by this Court
Merely because the Anatomy and Physiology are similar, it does not mean that a person having studied one System of Medicine can claim to treat the patient by drugs of another System which he might not have studied at any stage. No doubt, study of Physiology and Anatomy is common in all Systems of Medicines and the students belonging to different Systems of Medicines may be taught physiology and Anatomy together, but so far as the study of drugs is concerned; the pharmacology of all systems is entirely different.
Download the judgment : www.homeobook.com/pdf/supreme-court-homeopathy-allopathy.pdf
Thanks to Dr Jalam SIngh Rathore for providing the judgment copy
Related article
Legal aspects of allopathic hospitals employing AYUSH practitioners
http://www.aalatimes.com/2012/05/07/legal-aspects-of-allopathic-hospitals-employing-ayush-practitioners/
The Judgement is very clear.It is not only homeopaths but also the qualified Ayurvedic practitioners also prescribing the allopathic medicines though they are not supposed to do so.This is because the lack of confidence in them or due to easy administration of allopathic medicines.The councils while giving the certificate of registration should clearly mention in that the certificate holder is entitled to practice in which he is registered and not in other system of medicines.
A positive judgement. Need to have more dedicated and confident homoeopaths to stop using allopathy practice. CCH should concentrate on the quality education and training of homoeopathic college to produce real homoeopaths.
If a homoeopath can so confidently practice allopathy then why they so confidently can’t practice homoeopathy.this is the basic question of concern and the answer is they had never seen the efficacy of homoeopathic results in their hospitals when they are pursuing their studies in their respective colleges .we had travelled very far as compare to opening of new colleges but we are never concerned about the quality of education we are imparting to the new students.And this is the area where the problem is. An institution never accomplished with the buildings only but it is formed from the dedicated teachers and the hard working students ,who are seeing the execution of hahnemanian principles which are converted into brilliant cures repeatedly, during their entire journey of their graduation .but it had never happened in their entire journey so wher from the confidence come .so i think what we are seeing today is nothing but the effects of faulty education which has been imparted during their graduation.I’m sorry to say but the truth is that our councils has to be blamed for all this they have never taken any firm decision as far as closing of institution is concerned because in our field there should not be any second chance .if the code of conduct is strong then there will be negligible chances of getting wrong things done.
Judgement is to be respected, and Homoeopathic association National/International, the official in the Ayush department, need to address this problem raising from lack of confidence among our Homoeopathic practioners especially students , this should be taken very seriously, as it could effect the very existence- as happened in other countries.
Yes, Judgement is respected and Homoeopathic practioners must be take confidence in his medicine. Do not depend on other specially on alopathy medicine because you have got study and knowledge in particular field.
I think one should quote the source from where you hd collected this decision copy.
I think one deserve acknowledgement if he give you some thing useful, Dr Mansoor