Defining Medical Boundaries for AYUSH Practitioners: A Historical and Legal Overview
A recent controversy has reignited the debate over the scope of medical activities for AYUSH practitioners, particularly their right to prescribe modern medicines and perform surgeries. Historically, the Bhore Committee (1946) favored modern medicine, but protests led to the Committee on Indigenous Systems of Medicine (1948), which linked Ayurveda to Hindu nationalism. The Indira Gandhi government enacted the Indian Medicine Central Council Act (1970), later replaced by the National Commission for Indian System of Medicine Act (2020), recognizing AYUSH. The core issue remains the interpretation of Rule 2(ee) of the Drugs and Cosmetics Rules, 1945, regarding who can prescribe modern medicine, with the Supreme Court in 1998 ruling against Ayurvedic practitioners prescribing allopathic drugs.
Key Points
- The debate centers on AYUSH practitioners' scope, including prescribing modern medicines and performing surgeries.
- Historical committees like Bhore (1946) and Committee on Indigenous Systems of Medicine (1948) shaped the recognition of traditional medicine.
- Legislation like the Indian Medicine Central Council Act (1970) and the National Commission for Indian System of Medicine Act (2020) formally recognized AYUSH systems.
- The Supreme Court's 1998 ruling in Dr. Mukhtiar Chand & Ors vs The State Of Punjab & Ors stated that Ayurvedic practitioners cannot prescribe allopathic drugs.
- A 2020 government notification allowing Ayurvedic postgraduates to perform 58 minor surgeries is currently pending before courts.
Exam Facts
- Bhore Committee (Health Survey and Development Committee) was formed in 1946.
- The Indian Medicine Central Council Act was enacted in 1970, replaced by The National Commission for Indian System of Medicine Act in 2020.
- Rule 2(ee) of the Drugs and Cosmetics Rules, 1945, defines "registered medical practitioners."
- Supreme Court judgment in 1998: Dr. Mukhtiar Chand & Ors vs The State Of Punjab & Ors.
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