The Bombay high court (HC) has stayed a notification issued by the state government earlier this year allowing selected homeopathic doctors to practice allopathy.
Issued in September, the state government’s notification allowed Licentiate of the Court of Examiners in Homeopathy (LECH) degree holders who have completed their homeopathic courses in the years between 1951 and 1982, to practise allopathy.
A bench comprising justices Shantanu Kemkar and Rajesh Ketkar stayed the circular as they indicated that it would be unsafe to allow homeopaths to practise allopathy.
Court Expressed Concerns On Patient Safety
When the lawyer appearing for the homeopaths said the petitioners holding LECH degree holders had started the allopathy practice at their own risk, the bench expressed concern for the patients asking “what about the patients.”
The petition challenging the state notification has been filed by Indian Medical Association.
Representing the medical body, senior advocate SU Kamdar, stated that the provisions of the Medical Council of India (MCI) Act, 1965, bar the registration of any person to the state medical register unless the person’s degree is recognised by both the central government and the MCI.
Given these legal requirements, the state cannot introduce an amendment of the Schedule to the Maharashtra Medical Council (MMC) Act and allow LECH degree-holders to register with MMC and start practising allopathy, the lawyer argued.
Kamdar further stated that the state had issued the notification despite the MMC specifically rejecting a similar proposal in December 2015.
