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The Supreme Court on Monday issued notices to Union Ministries of Law, Health and Ayush on a plea seeking a direction to declare AYUSH doctors as 'registered medical practitioners' under the law, like allopathic doctors.
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi sought a response from the ministries while issuing notices. The PIL filed by one Nitin Upadhyay sought a direction to constitute an expert committee to review and update the schedule of a 1954 law, aimed at controlling the advertisement of drugs in certain cases in accordance with present-day scientific developments. It sought a direction to declare that AYUSH doctors are also covered under section 2(cc) of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, as 'registered medical practitioners'. The petition stated, "The Act was enacted to protect the public from false and misleading medical advertisements. However, Section 3(d) places a complete ban on advertisements relating to certain diseases and conditions." Section 3 of the Act deals with the prohibition of the advertisement of certain drugs for the treatment of certain diseases and disorders. AYUSH doctors and other genuine non-allopathic registered medical practitioners are not covered under the exception of section 14 of the Act, it said. "This blanket ban effectively stops the advertisement by them of the existence of medication for serious ailments, leading to widespread public ignorance of the drugs," said the plea. The petition further said advertisements relating to drugs and remedies, when truthful, scientifically backed, and non-deceptive, constitute legitimate dissemination of information to consumers and patients. The PIL also sought a direction to the Centre to constitute an expert committee to review, revise and update the schedule of the DMR Act in accordance with present-day scientific developments and evidence-based medical knowledge. (ANI)
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