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
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http://www.aalatimes.com/2012/05/07/legal-aspects-of-allopathic-hospitals-employing-ayush-practitioners/
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