- (1.) G. P. Mathur, J. The question which requires consideration here is whether a person having the degree of Bachelor of Unani Medicine and Surgery is entitled to practise modern medicine and to prescribe allopathic drugs.
(2.) THE petitioner obtained the degree of Kamil-e-Tib-o-Jarahat from Aligarh Muslim University in the year 1990 which is also described as Bachelor of Unani Medicine and Surgery in the degree awarded by the University, a photocopy of which has been filed as Annexure-2 to the writ petition. THE Janta Nursing Home being run by the petitioner in Kolhui district Maharajganj was inspected by a team consisting of a senior Medical Officer, a S. D. M. and a Drug Inspector on 26-8-2000 and in was found that allopathic drugs were being prescribed and administered to patients. A. F. I. R. was then lodged under Section 420 I. P. C. and Section 15 of Indian Medical Council Act, against the petitiner and one Aurangzeb, who claimed to be the compounder at the Nursing Home. THE present writ petition under Article 226 of the Constitution has been filed for quashing of the F. I. R. and investigation of the case. The petitioner claims that he was awarded the degree of Bachelor of Unani Medicine and Surgery (for short BUMS) by Aligarh Muslim University in the year 1990 and thereafter he completed six month's rotatory internship at A. K. Tibbiya College, Aligarh Muslim University, Aligarh and in the District Hospital, Sahjahanpur. His name has been entered in the register maintained by Board of Indian Medicine on 29-9-1992. On the basis of the aforesaid degree and registration of the name, the petitioner contends that he is entitled to practise as a doctor and prescribe allopathic medicines as well apart from unani medicines. In order to examine the contention raised it is necessary to briefly refer to relevant statutory provisions which have a bearing on the controversy raised. The statutes which have to be looked into are as under: U. P. ACTs (1) The United Provinces Medical Act, 1917 (U. P. Act No. III of 1917) (2) The United Provinces Indian Medicine Act, 1939 (U. P. Act X of 1939) CENTRAL ACTs (1) Indian Medical Degrees Act, 1916 (Act No. VII of 1916) (2) Indian Medicine Council Act, 1956 (Act No. 102 of 1956) (3) Indian Medicine Central Council Act, 1970 (Act No. 48 of 1970) (4) Homoeopathy Central Council Act, 1973 (Act No. 59 of 1973) (5) Drugs and Cosmetics Act, 1940 (Act No. 23 of 1940)
(3.) THE preamble of the United Provinces Indian Medicine Act, 1939, which was published on September 23, 1939 says that it is an Act to provide for the development of the Indian Systems of Medicines and to regulate their practice in the United Provinces. Section 2 gives the definition and sub-section (ii), (iii-b), (v), (vii), (viii), (x) and (xi) thereof are being reproduced below: " (ii) "indian system of medicine" means the Ayurvedic or the Unani Tibbi system of medicine, whether supplemented or not by such modern advances as the Board may from time to time have determined. (iii-b) "faculty" means "faculty of Ayurvedic and Unani Tibbi systems of medicine" constituted under Section 36-A. (v) "practitioner" means a practitioner of an Indian system of medicine. (vii) "register" means the register of Vaidyas and Hakims, surgeons and midwives maintained under Section 25. (viii) "registered practioner" means a practitioner whose name is for the time being entered in the register. (x) "vaidya" means a practitioner of Ayurvedic system of medicine and surgery. (xi) "hakim" means a practitioner of Unani Tibbi system of medicine and surgery. " The definition clause of the Act shows that the Ayurvedic or the Unani Tibbi System of medicine is known as Indian System of Medicine and therefore, a Vaidya who practises Ayurvedic system and a Hakim who practises Unani tibbi system come within the purview of Indian Medicine System. Section 3 of this Act provides that the State Government may establish a Board to be called as the Board of Indian Medicine. Section 25 provides that the Registrar of the Board shall maintain a register of Vaidyas and Hakims practising in Uttar Pradesh in the prescribed form.;