The Medical Research and Health Organisation of West Bengal is affiliated to Medicina Alternativa which was established 1962 at ALMA ATTA, U.S.S.R. The Medical Research and Health Organisation is a registered body registered under the W. B. Society Registration Act, 1961 aims and objects of the Society are as follows :-
The further case of the petitioner is that the System of Alternative Medicines is now well recognised all over the world. One of the books written by Andrews Sianway, M.R. Member of the Royal College of Physicion, who had practised Medicine at King’s Hospital in London. The book is forwarded by Alec Forks, M.A.D.M. (Oxford). Follows of the Royal College of Physicians, Plymouth who says—
“This is a splended book. I am sure it will have the success that such clear and sensible writing on an important subject deserves.”
The said book also carries the statement by H.R.M. Prince of Wales that—
“When it comes to healing people if seems to me that account has to be taken of those sometimes long included complementary method of medicines which is the right heads can bring considerable reliefs if not hope to as increasing number of people.”
The writer of the book himself in his preface —
“Only a couple of centuries ago medicine was a blead of art, science, myth, magic and Superstition.
To-day it is overwhelmingly a scientific extension of 20th. Century technology and the
Cont’d….2
other facts have become either unacceptable or have been so ridiculed as to reader them worthless. We are correctly experiencing a widening of horizon breaking down of barriers in the ways. Meditation ways of controlling mind, oriental religion, the greater interest is healthy eating, greater awareness of the problem of poll uties and a growing sense of man as a part of the larger world, are all enjoying a wide public following. In spite of general movement towards naturalness which is touching families who would be no menas alliga themselves with a way out fringes, the Western Medical Profession continues to plod the never ending increasingly frustrating path of orthodox health care.”
At page 34 the said author observes —
“Over the last 20 years also people have become increasingly disenchanted with Western Allopathic medicine but the pace has hosted up over the last 5 years to the point where many Westerns are now actually sceptical of it and unwilling to subject themselves of their facilities to it. In a recent study in Washington D.C. the majority of those asked to choose between a low risk drug effective 50 percent of the time, a high risk (possible carcinegenic) drug effective 100 percent of the time, or on non-drug remedy that would hold control the symptoms but not cure the problem, choose the last. For example 50 percent said they would rather go on a low salt diet for their hypertension than take drug.”
At page 35 the said author states —
“Change is occurring slowly though as was found in a 1954 study carried out for the times Newspaper in the U.K. some of the findings were rather surprising. For example :
The book in 319 pages describes all the various system of alternative medicine including Acupuncture, Alexander Technique, Ayurvedic, Colour Therapy, Harbal Medicine, Hyponitism and. Homoeopathy, Thus Ayurveda and Homoéopathy which are recognised by the two Acts of 1971 and 1973 mentioned above are, in fact system of Alternative Medicine. They were recognised by Parliamentary Acts only as recently as the beginning of the last decade. But before that they were practised only as system of alternative medicine. Without any formal recognition by the Indian Medical Council or any University.
It was pointed out that the United Nation in order to fight the health problem of the world has approved and recognised the Graduate and post Graduate Classes of the open and complementary Medicines and Inter-University academic co-operation for prevailing Medicines to mankind of all sorts of healing process. The said Council in order to help in its small way the sufferings of Humanity to when the Allopathic System Ayurvedic System and other recognised system fail to reach to the majority of the people in India. The Society imparts and train its members, students through the trained persons in the matter of different therapy namely Neturopathy, Bach Flower, Acupuncture, Electro Homoeopathy Harbal product etc.
The systems of alternative medicines is now well recognised all over the World and the complaints/allegations made against these alternative systems of medicines by the Health Department, Govt. of West Bengal, Central Homoeopathic Council and State Homoeopathic including Indian Medical Council are wholly baseless and are best on total ignorance of these systems of medicines.
The said alternative systems of medicines in order to hold notice small way the sufferings from humanity when the Allopathic systems, Ayurvedic and other recognised system failed to reach to the majority people in India. The alternative medicines society impart and trained itself members, students through the trained persons in the matter of different Therapy namely—Homoeopathy, Ayurvedic, Unani etc. in the past were not been recognised by any Act in India and West Bengal before 1961 and 1969 respectively. But it is quite clear that the Ayurvedic Systems itself is an oldest form of medicine in the World but only few years back it has been recognised by the Government.
If the poor people cannot reach to the medicine because of high cost and expenses and if they are asked to take other alternative system of medicine, the government has no jurisdiction to take an exception to it. It cannot be intention of the legislator that the poor people must die without any treatment unless they can got medicine from recognised system of medicine which is costly and which is beyond the means of the poor people. We have to remember the present economic condition in our country, we are not living a developing country or rich country. The poor people are depriving from medicine and if alternative system of medicine can find some solution and can help to poor people to get treatment they must be appreciated and encouraged. Government had not recognised the degree/diploma conferred by this authorities but certainly the Government cannot stop the people from getting education in this system which is an alternative system of medicine.
Article 19(1) (g) confirm right the citizen to practice any professioner to carry on any occupation or trade or business subject to the limitation that the State can impose reasonable restrictions in the interest of general public. Article 19(6) did not provide any power upon the legislature to prohibit teaching or imparting education in alternative medicine nor there was any legislation imposing any ban on such studies. The person concerned who had got training and who may get training under this system, may not practise like an Allopathy or Homoeopathy Doctor, but certainly they have right to pursue this system and can prescribe the same to the people that the Government did not apply its mind to this aspect of the matter.
The State Government without knowing what is ‘alternative medicine’ have acted in the manner which was wholly unwarranted. There is no bar for opening any school or college and imparting education on any system. But the degrees and diplomas cannot be recognised unless there is a law recognising the same but that does not mean that nobody can read and get himself trained in any system of education not recognised by law. The activities of the said Council cannot be illegal or wrongful activities. When the eminent doctors of the United Kingdom are supporting this system,
it is very unfortunate that the State Government will be acting in this manner. The aims and objects of the alternative medicines society are legal and cannot be said to be against public policy and the said society is functioning and is carrying on its activities on the basis of aims and objects of the said Association that in a reported judgment of the Hon’ble Calcutta High Court, Calcutta law Journal (Il) of 1991 in Matter No. 546.
The different High Courts of India have accepted the said judgment and principle laid down in the said judgment.
The said Alternative Society has no connection whatsover with the Western Systems of Medicines or Homoeopathic Systems of Medicines as such Indian Medical Council, Central Homoeopathic, State Homoeopathic Council cannot interfere and lodged complaint and publish paper notification forming these Institutions as fake Institutions and not recognised by the I.M.C., State Govt., Central Homoeopathic Council and State or Ayurvedic Council furthermore the Health Secretary of the State of West Bengal gave an undertaking in this Hon’ble Calcutta High Court in contempt proceedings being Matter No. 3506 of 1993 that the State Govt. comply the solemn order and direction passed by the Hon’ble Calcutta High Court. Further in C. R. No. 2419 (W) of 1988 the Hon’ble Justice Haridas Das held the same view and observation as laid down in CLJ (II) Page-191.
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