Prescription of allopathic medicines by Ayurvedic doctors: Telangana High Court quashes cases
Telangana High Court quashed FIRs against BAMS doctors for prescribing allopathic medicines, ruling such practice does not constitute cheating. Alleged professional misconduct can be addressed by AYUSH authority through departmental action
By Legal Correspondent
Hyderabad: Justice N Tukaramji of the Telangana High Court on Monday quashed criminal cases filed against several Ayurvedic doctors holding Bachelor of Ayurvedic Medicine and Surgery (BAMS) degrees, ruling that prescribing modern medicines by registered Ayurvedic practitioners does not amount to cheating under criminal law.
The petitions were filed by Dr H Lokesh, a resident of Vasantnagar, Sangareddy, and several other BAMS doctors from Sangareddy rural areas and KPHB, who had been booked by local police following complaints that they were allegedly administering allopathic medicines to patients. The doctors sought quashing of the FIRs registered under cheating and related provisions.
During the hearing, the Court observed that criminal liability arises only when unqualified individuals without any medical degree, registration, or identity practice modern medicine. In contrast, Ayurvedic doctors are registered practitioners under law and fall within the regulatory framework of the Ministry of AYUSH. The Court also referred to the Union Ministry’s notification recognising that Ayurvedic doctors undergo training in aspects of modern medicine.
Justice Tukaramji further held that under Section 54 of the National Medical Commission (NMC) Act, only an authorised officer of the NMC or a State Medical Council can lodge complaints of illegal medical practice. In this case, the Telangana Medical Council had directly approached the police, which the Court said was impermissible. If there is any allegation of professional misconduct by Ayurvedic doctors, it can only be dealt with through departmental proceedings by the competent AYUSH authority, not through criminal prosecution.
Holding that prescribing allopathic medicines by BAMS doctors did not amount to the offence of cheating, the Court quashed all FIRs filed against the petitioners. However, it clarified that if there is evidence of professional misconduct, the Telangana Medical Council is free to take departmental action in accordance with law.
