A view of the Supreme Court (SC) of India, in New Delhi.
Credit: PTI photo
The Supreme Court on Monday sought a response from the 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 considered submissions of advocate Ashwini Upadhyay, representing the petitioner.
The plea 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 plea stated that the advertisements relating to drugs and remedies, when truthful, scientifically backed, and non-deceptive, constituted legitimate dissemination of information to consumers and patients.
The Act is aimed at controlling the advertisement of drugs in certain cases, to prohibit the advertisement for certain purposes of remedies alleged to possess magic qualities. Section 2 (cc) of the Act deals with the definition of 'registered medical practitioner'.
"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," the plea said.
The plea also 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.