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Legal Status in Favor of Electro Homeopathy

The right of Electro homoeopathic Practitioners are well protected under article 19(1)(g) of constitution of India. Since Electropathy is working with the aim of ‘promotion, development & research’ and at this stage, no act has been enacted by the parliament. As such it does not come under the preview of either of the Central/State Govt. Medical act.

All recognized medical systems were recognized under specific Act of Parliament.

For Example:
  • Medical Science Recognition under Act
  • Allopathy (Western Medical System) Indian Medical Degrees Act (under M.C.I. Act 1916 or India Medical Council Act, 1956) 
  • Ayurveda And Unani Indian System of Medicines (ISM) Act,1970
  • Homeopathy Central Council of Homoeopathy Act,1973

All the four medical systems also had to struggle for a long time before they could get recognition. In the mean while these systems were professionally and scientifically developed and they continued giving treatment/helping the ailing masses for a number of years before they could be accepted by the government. As a matter of fact these medical systems got recognition from the Govt. one by one i.e. when one was being recognized the others were on their developing stage. Qualified practioners were in practice and helping in developing the new systems uninterruptedly.
The people using the these medicines who got benefited first, and then they approached their representatives like MPs/MLAs for raising the voices in the Parliament and after that Govt. recognizes the system by making an Act.
Thus today four medical systems are recognized. Certainly fifth will also be recognized, because there has been no act enacted in the Parliament to prevent the invention, and thereafter promotions, development and research of any Medical System.

There is no ban on the use and practice of these harmless methods of healing according to the judgment by the Hon’ble High Court of Calcutta in 1991. This can be witnessed by a “law journal” vol.II of 1991 published from Kolkata.

Hon’ble Delhi High Court (Division Bench) consisting of Justice Y.K. Sabharwal, the then acting Chief Justice and Justice S.K. Gupta had framed the rules regarding the legality of Diploma/Certificates and hence entitling the doctors to practice Electropathic medical system on the strength thereof. 

On 24.11.2000 the Bench of the Hon’ble Court comprising Justice Rajendra Babu and B.N. Agarwal declined to SLP filed by a petitioner (Delhi Govt. and Union of India) has been dismissed.  In the year 18-11-1998 regarding the legality of the electro homoeopathy the Hon’ble Supreme Court has given order to maintain the same status-co given by the Hon’ble Delhi High court, FAO No.205/92.

22.07.2004 - The High Court of Punjab, Haryana and Chandigarh in its judgment/order passed in Criminal Misc. Writ No. 34949-M-99 dt. 22.07.2004 have categorically ruled and directed that when the 59 Electropathy Doctors including petitioner was practicing in Electropathy, he was not required to get himself registered under Indian Medical Council Act 1956. Undisputedly, the petitioner was practicing in Electro homoeopathy system of medicine. Therefore he was competent to practice in Electropathy system of medicine". The Hon'ble High Court also directed the administration and the medical authorities to quash F.I.R. if registered against any of the practitioner in the system of Electropathy. 

     
And now Ministry of Health & Family Welfare has clearly ordered vide letter no. V. 25011/276/2009-HR dated 5th May 2010 “that In accordance with orders of the High Court and Supreme Court Quoted here, there is no proposal to stop the petitioners from practicing in electro homoeopathy or imparting education, as long as this is done within the provision of the order No. 14015/25/96-U & H (Pt) dated 25th November 2003. Once the legislation to recognize a new system of medicine is enacted, any practice or education would be regulated in accordance with the said act.” 

Thus registered electro homoeopathy Practitioner has legal right to practice Electropathy in every nook and corner of the country. 


SOME LEGAL DECLARATION & VARIOUS COURTS ORDERS IN FAVOUR OF ALTERNATIVE, ELECTRO HOMOEOPATHY SYSTEM OF MEDICINE.

1.05-05-2010 Electro Homoeopathy is governed vide. no.. 25011/276/2009-HR dated 5th May 2010

2. 02-05-2008 Supreme Court recognized the practice, Maharashtra directorate . Of Health.
3. 23-04-2008 Vijayanagaram Addl. Judl. Court Magistrate Recognized the
BEMS Practice and kept it with in sattled law.

4. 22-12-2006 Hon’ble Bombay court recognized the Electro Homoeopathy 
Practice.

5. 10-01-2005 Metropolitan Court, Sec-bad Recognized MD (EH) Practice and
Electro Homoeopathy Board also.

6. 25-11-2003 Central Govt. of India, Ministry of Health & Family Welfare, and Department of Health -Research recognized the Electro homoeopathy.

7. 14-02-2003 Hon’ble Supreme Court of India and Medical Council of India 
have declared that, those who are having Community Medical Scienc
Certificate (CMS) or Rural medical practitioner (RMP) can do 
Practice on 42 drug groups of life saving drugs in Allopath.
8. 16-05-2001 Hon’ble Metropolitan session court Sec-bad. Recognized the Electro
Homoeopathy Practice.The court also ordered that “Any Medic council 
Centre in India has no right to interfere in the Practice..
9. 23-10-2000 XI Metropolitan Court, Sec-bad recognized the Practice of Electro 
Homoeopathy & relevant medical college also.
10. 07-05-1999 Hon’ble Calcutta High Court recognized the Electro Homoeopathy,
11. 19-03-1999 Hon’ble High Court of Jabalpur recognized the Electro Homoeopathy
Practice.
12. 09-06-1998 Hon’ble Madras High Court has given the Judgment regarding using the word Doctor before the name that, â€œThose who are practicing Electro homoeopathy system of medicine has right to ‘USE’ the word “DOCTOR” before the name, by representing the symbol of “EH” (Electro homeopathic)

Further information are welcome personally regarding GO’s, GR, and Court Orders through the Council of Electro homoeopathy or at the office of Dr.Mattei Electro homoeopathic medical college & Research centre Begum pet Hyderabad. Phone no 040-20024100.

NOTE :Under consideration for Establishing ALTERNATIVE MEDICAL UNIVERSITY soon, issued by the Indian council of Research & Department of Health, Research & Planning Commission vide .No.61/1/2000/ASM/BMS/TRM.Dated:06-02-2013.

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ELECTROPATHY RECOGNITION BILL

 V.25011/244/2011-HR
Government of India 
Ministry of Health & Family Welfare 
(Department of Health Research)
To,
Sh. C.B. Mahindrakar Baliram Nilaya,
Devi Nagar, Near Church,
Post – Shahapur,
Dist : Yadagiri-585223
(Karnataka)

A proposal for enactment o a legislation titled “The Recognition of New System of Medicines Bill” to provide procedure for recognition of new systems of medicine for the purpose of practice and education in that system and for matters connected therewith or incidental thereto is under consideration.
                                                                                                            Your Faithfully,
(J.P.Mehta)
Director & CPIO


HC rules in favour of electropathy practice
KOCHI: Police should not disturb registered practitioners of electropathy unless a crime is committed due to its practice or any law is infringed, the Kerala high court has ordered. 

Electropathy or electro-homeopathy, classified as alternative medicine, is a derivative of homeopathy that relies on remedies from non-poisonous plants. A division bench of Justices K M Joseph and K Ramakrishnan gave the order on a petition filed by an electropathy practitioner, K P Ismayil of Valanchery in Malappuram. 

The petition said though electropathy was recognized by the government and Ismayil was a registered practitioner, the Valenchery PSI was frequently summoning him to the station and harassing him. The petitioner also produced copies of two orders from the Union ministry of health and family welfare recognizing electropathy and copies of five HC judgments clarifying electropathy was not banned. 


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