Kerala High Court
M/S. Traditional Acupuncture Healers ... vs Union Of India on 20 March, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945
WP(C) NO. 29850 OF 2023
PETITIONER:
ALBERT MICHAEL
AGED 73 YEARS
S/O. A.B. MICHAEL, ARAKKAL HOUSE, PATTANAKKAD P.O.,
ALAPPUZHA DISTRICT, CHERTHALA, ALAPPUZHA, KERALA,
PIN - 688531
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND
FAMILY WELFARE, DEPARTMENT OF HEALTH RESEARCH, NIRMAN
BHAVAN, NEW DELHI, PIN - 110011
2 SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAL BHAVAN,
NEW DELHI, PIN - 110011
3 CHAIRMAN
APEX COMMITTEE ON ACUPUNCTURE, DEPARTMENT OF HEALTH AND
FAMILY WELFARE, NIRMAL BHAVAN, NEW DELHI, PIN - 110011
4 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO HEALTH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
5 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO LAW DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY ADV.
S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2024, ALONG WITH WP(C).35940/2023, 41709/2023, THE COURT ON THE
[WP(C) Nos.29850/2023, 35940/2023, 41709/2023]
2
SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.29850/2023, 35940/2023, 41709/2023]
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945
WP(C) NO. 35940 OF 2023
PETITIONER:
M/S. TRADITIONAL ACUPUNCTURE HEALERS ORGANIZATION
AGED 35 YEARS
HAVING ITS OFFICE AT NEAR CENTRAL JUMAMASJID, SABHA HALL
BUILDING, PANDIKAD ROAD, MANJERI, PIN-676521. REPRESENTED
BY ITS SECRETARY THAJUDHEEN, KUZHIMATTUKALATHIL,
S/O. LATE ALEVE., PIN - 676521
BY ADVS.
A.T.ANILKUMAR
V.SHYLAJA
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO HEALTH AND FAMILY WELFARE,
NEW DELHI, PIN - 110011
2 CENTRAL COUNCIL OF INDIAN MEDICINE
MINISTRY OF HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW
DELHI,REPRESENTED BY ITS CHAIRMAN, PIN - 110001
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO HEALTH AND FAMILY AFFAIRS ,
SECRETARIAT , THIRUVANANTHAPURAM, PIN - 695034
BY ADV.
S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2024, ALONG WITH WP(C).29850/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.29850/2023, 35940/2023, 41709/2023]
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF MARCH 2024 / 30TH PHALGUNA, 1945
WP(C) NO. 41709 OF 2023
PETITIONER:
SAMGEETH A.K
AGED 53 YEARS
S/O. A.C KUMARAN, ANAKKATHIL HOUSE, ANNALLOOR P.O.,
ASHTAMICHIRA (VIA), THRISSUR DISTRICT, KOMBODINJAMAKKAL,
KERALA, PIN - 680731
BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND
FAMILY WELFARE, DEPARTMENT OF HEALTH RESEARCH, NIRMAN
BHAVAN, NEW DELHI, PIN - 110011
2 SECRETARY
DEPARTMENT OF HEALTH AND FAMILY WELFARE, NIRMAL BHAVAN,
NEW DELHI, PIN - 110011
3 CHAIRMAN
APEX COMMITTEE ON ACUPUNCTURE, DEPARTMENT OF HEALTH AND
FAMILY WELFARE, NIRMAL BHAVAN, NEW DELHI, PIN - 110011
4 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO HEALTH DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
5 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO LAW DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
6 THE HEALTH INSPECTOR
[WP(C) Nos.29850/2023, 35940/2023, 41709/2023]
5
K. KARUNAKARAN SMARAKA COMMUNITY HEALTH CENTRE, MALA
P.O., THRISSUR, PIN - 680731
7 ALOOR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, ALOOR GRAMA PANCHAYATH
OFFICE, THRISSUR, PIN - 680683
8 THE KERALA STATE MEDICAL COUNCIL
REPRESENTED BY ITS REGISTRAR, COMBINED COUNCIL BUILDING,
RED CROSS ROAD, JAI VIHAR, KUNNUKUZHY,
THIRUVANANTHAPURAM, KERALA, PIN - 695035
BY ADVS.
C.DINESH
PHILIP T.VARGHESE
N. RAGHURAJ
PHILIP T.VARGHESE(K/000576/1991)
S.MANU, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.03.2024, ALONG WITH WP(C).29850/2023 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
[WP(C) Nos.29850/2023, 35940/2023, 41709/2023]
6
JUDGMENT
The petitioners are stated to be an Association of practitioners of Acupuncture and Institutions dealing with it and two practitioners respectively; and assert that respondents are illegally interfering with their activities, based on surmises, conjectures and baseless suspicion. They, therefore, pray that the respondent - police officer be directed not to interfere in the functioning of the Acupuncture Clinic being run by them; with a further plea for an order to be issued to the competent among the respondents to issue such guidelines to all the Station House Officers in the State, thus to allow "clinics manned by trained practitioners" to continue without inhibition.
[WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 7
2. Sri.Sherry J.Thomas - learned counsel for the petitioners in WP(C)No.29850/2023 and WP(C)No.41709/2023, explained that, Acupuncture is a scientific medical procedure and that this is manifest from Ext.P8 order of the Government of India, produced along with WP(C)No.29850/2023. He pointed out that the Government, in fact, has constituted a Committee for regulation of Acupuncture as a system of Healthcare/Therapy; but that he is not aware whether any further action was taken thereon, though the said Committee was constituted as early as in the year 2019. He, thus, in addition to the afore reliefs, prayed that respondents 1 to 3 be directed to frame "detailed guidelines for promotion and regulation of acupuncture, as a system of healthcare", within a time frame to [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 8 be fixed by this Court.
3. In response, the learned Deputy Solicitor General of India - Sri.S.Manu, conceded that, through Ext.P8 order in WP(C)No.29850/2023, a Committee had been constituted by the Government of India; but added that he is not aware of any further proceedings thereafter. He submitted that, therefore, if this Court is so inclined, the competent Authority of the Government of India is willing to hear the petitioners and take a final decision on all their plea, particularly because they appear to be seeking legislative steps be taken for recognizing Acupuncture as a healthcare initiative.
4. Learned Government Pleader -
Sri.P.S.Appu, submitted that the Police can and will intervene and involve themselves, when [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 9 there is any violation of law, but not otherwise. He submitted that, therefore, an omnibus prayer by the petitioners, that the official respondents shall not interfere in their activity in any manner, is not merely untenable, but perhaps even suspicious. He added that the said respondents are willing to abide by any direction to be issued by this Court.
5. Sri.N.Reghuraj - learned counsel appearing for respondent No.8 in WP(C)No.41709/2023 submitted that, as evident from the afore narrative, the final decision to be taken, qua the claims of the petitioners, is by the Government of India and not by his client. He explained that they can only act as instructed to them by the competent Authority, in due course.
[WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 10
6. Sri.Philip T.Varghese - learned counsel appearing for respondent No.7 in WP(C)No.41709/2023, submitted that, since there is confusion whether acupuncture is recognized as a "mainline health therapy", his client is also awaiting necessary instructions from the competent Authority; however, adding that licence to the 2nd and 3rd petitioners, as also to many other practitioners, have been offered by his client.
7. It is indubitable from the afore recorded submissions of the rival parties, as also from the pleadings on record, that there can be a final resolution of the claims of the petitioners only if the competent Authority of the Government of India considers them and take an apposite decision. It is evident from Ext.P8 [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 11 in WP(C)No.29850/2023, that an attempt in this regard has already been initiated and that it is only for it to be now concluded as per law.
8. In the afore circumstances, I am certain that the suggestion made by Sri.S.Manu would be the most appropriate to all the parties in the given circumstances.
Resultantly, I allow these writ petitions with the following directions:
(a) The competent Authority of the Government of India will hear the petitioners and take a final decision on their claims, adverting to Ext.P8 order in WP(C)No.29850/2023 constituting the Committee qua acupuncture; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 12 the date of receipt of a copy of this judgment.
(b) In the meanwhile, the Police Authorities will only be competent to verify that the practitioners of Acupuncture and such clinics are acting in terms of law, on the strength of licences and not in contravention of any forensic scheme. They will certainly be at liberty to detect any illegal activity and take necessary action thereon without any delay, if so found warranted.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 13 APPENDIX OF WP(C) 35940/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER ASSOCIATION. Exhibit P2 THE TRUE COPY OF THE BYE LAW OF THE PETITIONER ASSOCIATION.
Exhibit P3 THE TRUE COPY OF THE EXECUTIVE COMMISSION DECISION DATED 22.09.2023.
Exhibit P4 THE TRUE COPY OF THE MEMBERSHIP REGISTER OF THE PETITIONER ASSOCIATION.
Exhibit P5 THE TRUE COPY OF THE DEGREE CERTIFICATE OF THE SECRETARY OF THE PETITIONER ASSOCIATION. Exhibit P6 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 20.12.2022. Exhibit P7 THE TRUE COPY OF MASTER DEGREE CERTIFICATE ACQUIRED BY THE SECRETARY OF THE PETITIONER IN ACUPUNCTURE Exhibit P8 THE TRUE COPY OF THE DIPLOMA CERTIFICATE ACQUIRED BY THE SECRETARY OF THE PETITIONER ASSOCIATION IN ACUPUNCTURE SCIENCE FROM TAMIL UNIVERSITY.
Exhibit P9 THE TRUE COPY OF THE OFFICE ORDER DATED 21.02.2019 OF THE 1ST RESPONDENT Exhibit P10 THE TRUE COPY OF THE ORDER DATED 25.11.2003 OF THE 2ND RESPONDENT Exhibit P11 THE TRUE COPY OF THE ORDER DATED 5.5.2010 Exhibit P12 THE TRUE COPY OF THE JUDGMENT IN CRIMINAL M.C. NO.1349/2016.
Exhibit P13 THE TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.19484/2008 DATED 17.12.2008 [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 14 APPENDIX OF WP(C) 41709/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE FROM INSTITUTE OF ACUPUNCTURE IN PAIN CONTROL, COCHIN, DATED 05-06-2019 Exhibit P1A THE TRUE COPY OF THE CERTIFICATE FROM THE OPEN INTERNATIONAL UNIVERSITY FOR COMPLIMENTARY MEDICINES, JUNE 2022 Exhibit P1B THE TRUE COPY OF THE CERTIFICATE FROM GLOBAL HUMAN PEACE UNIVERSITY DATED 13-09-2020 Exhibit P1C THE TRUE COPY OF THE CERTIFICATE FROM THE E.M.P.C. OF INDIA, NAGPUR DATED 09-12-2010 Exhibit P1D THE TRUE COPY OF THE CERTIFICATE FROM THE BHARAT SEVAK SAMAJ DATED 14-03-2017 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE AYURVEDIC DOCTOR WHO IS PRACTICING IN THE PETITIONER'S FIRM, DATED 17- 05-2018 Exhibit P3 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE HIGH COURT IN CRL MC NO. 1349/2016 DATED 03-01-2017 Exhibit P4 THE TRUE COPY OF ONE SUCH LETTER IN WHICH MEDICAL COUNCIL OF INDIA HAS INTIMATED THAT THEY HAVE NO CONTROL OVER THE ACUPUNCTURE THERAPY, DATED 17-01-2013 Exhibit P5 THE TRUE COPY OF THE ORDER VIDE 14015/25/96(U&H) AND DATED 25-11-2003 Exhibit P6 THE TRUE COPY OF THE REPLIED ANSWERED TO THE UNSTARRED QUESTION NO.4332, ASKED IN LOK SABHA, DATED 23-04-2008 Exhibit P7 THE TRUE COPY OF THE LICENSE DATED 01-08-2023 ISSUED FROM 7TH RESPONDENT- ALOOR GRAMA PANCHAYATH TO THE PETITIONERS FIRM Exhibit P8 THE TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 31-07-2023 ISSUED FROM THE 7TH RESPONDENT-ALOOR GRAMA PANCHAYATH TO THE PETITIONER'S FIRM Exhibit P9 THE TRUE COPY OF THE FEEDBACK FORMS OF MINOR CHILDREN WHO HAS BEEN HEALED BY THE [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 15 ACUPUNCTURE THERAPY Exhibit P10 THE TRUE COPY OF THE NOTICE ISSUED BY THE HEALTH INSPECTOR, K KARUNAKARAN SMARAKA COMMUNITY HEALTH CENTRE, MALA POST, THRISSUR DISTRICT TO THE PETITIONER, DATED 27-11-2023 Exhibit P11 THE TRUE COPY OF THE SCREEN SHOT OF THE PORTAL OF REGISTRATION SHOWING SYSTEM OF MEDICINE AND ESTABLISHMENT DETAILS [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 16 APPENDIX OF WP(C) 29850/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OBTAINED BY THE PETITIONER IN CONNECTION WITH THE DEGREE OF BACHELOR OF SCIENCE IN ACUPUNCTURE DATED 13-5-2022 ISSUED BY THE BHARATHIAR UNIVERSITY, COIMBATORE Exhibit P1A THE TRUE COPY OF THE CONSOLIDATED STATEMENT OF MARKS WITH FOLIO NO. 28909 Exhibit P1B THE DIPLOMA CERTIFICATE IN ACUPUNCTURE SCIENCE ISSUED BY THE BHARATHIAR UNIVERSITY DATED 23- 1-2019 Exhibit P1C THE TRUE COPY OF THE CERTIFICATE OF DIPLOMA IN ACUPUNCTURE FROM BHARAT SEVAK SAMAJ DATED 16- 7-2015 Exhibit P1D THE TRUE COPY OF THE CERTIFICATE OF MASTER DIPLOMA IN ACUPUNCTURE FROM BHARAT SEVAK SAMAJ DATED 23-12-2018 Exhibit P2 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 20-12-2022 Exhibit P3 THE TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE HIGH COURT IN CRL MC NO. 1349/2016 DATED 3-1-2017 Exhibit P4 THE TRUE COPY OF ONE SUCH LETTER IN WHICH MEDICAL COUNCIL OF INDIA HAS INTIMATED THAT THEY HAVE NO CONTROL OVER THE ACUPUNCTURE THERAPY, DATED 17-1-2013 Exhibit P5 THE TRUE COPY OF THE ORDER NUMBERED 1401/25/96(US), DATED 25-11-2003 Exhibit P6 THE TRUE COPY OF THE REPLIED ANSWER TO THE UNSTARRED QUESTION NO. 4332, ASKED IN LOK SABHA, DATED 23-4-2008 Exhibit P7 THE TRUE COPY OF THE PRESS RELEASE ISSUED BY THE INDIAN COUNCIL OF MEDICAL RESEARCH REGARDING THE GUIDELINES OF ACUPUNCTURE AND SYSTEM OF HEALTH CARE - DATED 11-3-2019 Exhibit P8 THE TRUE COPY OF THE OFFICE ORDER ISSUED BY MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT. OF INDIA, DATED 21-2-2019 [WP(C) Nos.29850/2023, 35940/2023, 41709/2023] 17 Exhibit P9 THE TRUE COPY OF THE LEGISLATION KNOWN AS MAHARASHTRA ACUPUNCTURE SYSTEM OF THERAPY ACT 2015 NO. XXV OF 2017 Exhibit P10 THE TRUE COPY OF THE RECENT INTERIM ORDER OF THE HONOURABLE HIGH COURT IN WP (C) NO. 14796/2022 DATED 29-4-2022 Exhibit P11 THE TRUE COPY OF THE PETITION DATED 18-8-2023 SUBMITTED BY THE PETITIONER TO THE MINISTRY OF HEALTH AND FAMILY WELFARE Exhibit P11A THE TRUE COPY OF THE POSTAL RECEIPT DATED 22- 8-2023 Exhibit P12 THE TRUE COPY OF THE PETITION DATED 18-8-2023, SUBMITTED BY THE PETITIONER TO THE LAW DEPARTMENT, KERALA STATE Exhibit P12A THE TRUE COPY OF THE POSTAL RECEIPT DATED 22- 8-2023