Case: KERALA AYURVEDA PARAMPARYA VAIDYA FORUM Vs. STATE OF KERALA

(a) In the State of Kerala, a number of persons are practicing in Sidha/Unani/Ayurveda system of medicine called as?Paramparya Vaidyas? and passing their knowledge and experience to their descendants by way of training and practice. Normally, almost all the descendants in the family get training in the same field and adopt this as a profession and means of livelihood.(b) Kerala Ayurveda Paramparya Vaidya Forum (in short ‘the Forum?) – the appellant herein is an association of ‘Paramparya Vaidyas? in Travancore-Cochin, registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The main objective of the Forum is the welfare of its members and to render assistance for practice in indigenous medicines.(c) Pursuant to the enactment of the Travancore-Cochin Medical Practitioners Act, 1953 (in short ‘the Act?), the ‘Paramparya Vaidyas? were debarred from practicing modern/homoeopathic/ayurvedic/siddha/unani-tibbi medicines unless registered under the Act. Subsequently, three Central Acts, viz., The Indian Medical Council Act, 1956, The Indian Medicine Central Council Act, 1970 and the Homoeopathy Central Council Act, 1973 with regard to modern medicine, indigenous medicine and homoeopathic medicine respectively came into force.(d) Being aggrieved by the enactment of the Act, Akhila Kerala Parambarya Vaidya Federation as well as the persons practicing as ‘Paramparya Vaidyas? filed a number of petitions before the High Court. Learned single Judge of the High Court, taking note of an affidavit filed by the State Government stating that the question of granting registration to practice medicines to the ‘Paramparya Vaidyas? can be considered at the time of enactment of Kerala Medical Practitioners Bill, by order dated 17.06.1997 in O.P. No. 118 of 1991 and other set of petitions, disposed of the original petitions while directing the State Government to have a serious consideration of the circumstances expeditiously.(e) Several petitions were filed before the High Court by the ‘Paramparya Vaidyas? claiming that the methods had been in vogue for a considerable long period of time. The Division Bench of the High Court, vide order dated 08.01.2003 dismissed the petitions filed by the appellants herein.(f) Aggrieved by the order dated 08.01.2003, the appellants have preferred these appeals by way of special leave.

Court's reasoning:
Even though the impact of the provisions of the IMCC Act was not considered but the provision of Section 17 of the IMCC Act also provides for recognition of medical qualification included in Second, Third and Fourth Schedules to be sufficient qualification for enrolment on any State Register of Indian Medicine. Thus the same principles as had been laid down in Dr. A.K. Sabhapathy (supra), as reproduced above, will also apply.In our country, the qualified practitioners are much less than the required number. Earlier, there were very few Institutions imparting teaching and training to the Doctors, Vaidyas and Hakimis but the situation has changed and there are quite a good number of Institutions imparting education in indigenous medicines. Even after 70 years of independence, the persons having little knowledge or having no recognized or approved qualification are practicing medicine and playing with the lives of thousands and millions of people. The right to practice any profession or to carry on any occupation, trade or business is no doubt a fundamental right guaranteed under the Constitution. But that right is subject to any law relating to the professional or technical qualification necessary for practicing any profession or carrying on any occupation or trade or business. The regulatory measures on the exercise of this right both with regard to the standard of professional qualifications and professional conduct have been applied keeping in view not only the right of the medical practitioners but also the right to life and proper health care of persons who need medical care and treatment.In our country, the numbers of qualified medical practitioners have been much less than the required number of such persons. The scarcity of qualified medical practitioner was previously quite large since there were very few institutions imparting teaching and training to Doctors, Vaidyas, Hakims etc. The position has now changed and there are quite a good number of medical colleges imparting education in various streams of medicine. No doubt, now there are a good numbers of such institutions training qualified medical practitioners at number of places. The persons having no recognized and approved qualifications, having little knowledge about the indigenous medicines, are becoming medical practitioners and playing with the lives of thousands and millions of people. Some time such quacks commit blunders and precious lives areThe government had been vigilant all along to stop such quackery. A number of unqualified, untrained quacks are posing a great risk to the entire society and playing with the lives of people without having the requisite training and education in the science from approved institutions. The Travancore-Cochin Medical Practitioners Act, 1953 as well as the Indian Medicine Central Council Act, 1970 were also enacted on the similar lines. Every practitioner shall be deemed to be a practitioner registered under the Act if at the commencement of this Act, his name stands entered in the appropriate register maintained under the said Act and every certificate of registration issued to every such practitioner shall be deemed to be a certificate of registration issued under this Act. But in the present case, the appellants herein have failed to show that they possessed requisite recognized qualification for registration entitling them to practice Indian system of medicines or their names have been entered in the appropriate registers after the commencement of this Act.In view of the above discussion, we are of the considered opinion that the High Court was right in dismissing the petitions filed by the appellants herein.