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The Government of India, Ministry of Health and Family Welfare, passed an order on 25.11.2003 to the effect that Electropathy / Electro-homeopathy are not recognized systems of medicines and the State Governments were directed to give wide publicity to the said decision of the Government of India. It was directed that the institutes under the State / Union Territory are not to grant any degree / diploma in the stream of medicines which have not been recommended for recognition. The term ―Doctor‖ can be used by the practitioners of recognized system of medicine only. As a consequence of the said decision of the Central Government, the Central Council of Homeopathy issued a circular on 30.12.2003, to all the State Councils and the State Governments to comply with the above orders of Government of India. On 5.4.2004, the Punjab Homeopathy Council decided in its meeting to request all the Administrative Heads/ Deputy Commissioners / Senior Superintendents of Police / Sub Divisional Magistrates/ Deputy Superintendents of Police to implement / comply the orders of the Government of India. The Government of Punjab issued a circular on 29.10.2004 to take necessary action against the Electropathy and Electro-homeopathy institutions and clinics operating in the areas under their respective jurisdiction. Punjab Government again issued a circular on 1.3.2007 to all the Deputy Commissioners and Senior Superintendents of Police to take necessary action against Electropathy/ Electro-homeopathy institutes and clinics operating in the area as such stream of medicines have not been recommended for recognition and that the term ―Doctor‖ is to be used by the practitioners of recognized systems of medicine only.

In pursuance of the said direction, Government of India passed an order on 11.10.2004. It was declared that a person whose name is borne on the Indian Medical Council Register or under the Indian Medicine Central Council Act, 1970 and under the Homeopathy Central Council Act, 1970 can practise and the institutions impart education in relevant system of medicine and award degrees. It was also declared that Electropathy is not recognized as a system of medicine by any of these Councils, consequently, no institute can award degree nor any one with unrecognized degree or diploma can be allowed to practise as a system of medicine. It was also stated that two Expert Committees had not recommended Electropathy as a system of medicine. The Committee of Experts constituted under the Director General of Indian Council of Medical Research had also considered the desirability of recognition of Electropathy as a system of medicine consequent to the directions of the High Court of Delhi but the said Committee did not recommend recognition to any such alternative system of medicine. The recommendations of the Committee have been accepted by the Government and order dated 25.11.2003 was issued.

Arguments Learned counsel for the writ petitioners have firstly argued that the Central Government has passed an order on 25.11.2003 without taking into consideration the relevant and complete information on the subject of Electropathy or Electro-homeopathy and without giving opportunity to the effected persons, therefore, the said order is required to be set aside for reason of denial of principles of natural justice as well.

Learned counsel for the writ petitioners have also vehemently argued that Electropathy or Electro-homeopathy system of medicines is a scientific and well developed system of medicine. Indian Medical Council Act, 1956; Indian Medicine Central Council Act, 1970; and Homeopathy Council Act, 1970 permit practise of specific systems of medicines. Such systems of medicines alone are regulated and controlled by the aforesaid legislations. It is contended that the petitioners have a fundamental right to impart knowledge in alternative systems of medicines i.e., Electropathy or Electro-homeopathy, as such system does not contravene any of the three above-mentioned statutes or for that matter any other statute. Since there is no statute prohibiting practising or controlling the imparting of education of Electropathy or Electro-homeopathy system of medicines, the same cannot be controlled or regulated by the Central or State Government by an executive order as any restriction in respect of a right to practise a profession can be only by a suitable law enacted by the Parliament or by a competent State Legislature. The right to practise any profession can only be regulated in terms of ―Law‖ enacted in terms of clause (6) of Article 19 of the Constitution. There fore, the executive orders of the Central Government dated 25.11.2003 and for that matter the subsequent orders of the State Government cannot impose restrictions on the right of the petitioners to practise such system of medicine guaranteed to the petitioners under Article 19(1)(g) of the Constitution of India. Learned counsel for the petitioners in support of their arguments has relied upon a number of judgments. Particular reference was made to Mohammad Yasin Vs Town Area Committee, Jalalabad AIR 1952 SC 115; Sri. Dwarka Nath Tewari and others vs. State of Bihar and others, 1959 SC 249; Kharak Singh vs. State of U.P., AIR 1963 SC 1295; D. Bhuvan Mohan Patnaik and others vs. State of A.P. and others, AIR 1974 SC 2092; and Godawat Pan Masala Products I.P. Ltd., and another vs. Union of India and others, (2004)7 SCC 183.

The Standing Committee of Experts on Alternate System of Medicine has, inter alia, found that all the literature is very ancient and written by one scientist i.e., the inventor of the system. The rest of the books are translations from the original texts. The pharmacopoeia of the system does not disclose the year of publication and the year in which it was updated. It was also noticed that there is no evidence that the system is recognized as a system of medicine in Italy or any other country. It was also noticed that the term Electropathy or Electro- homeopathy do not exist in any available literature or recognized anywhere in the world as Alternative / Complementary system of medicine. Though it bears the name of Electro-homeopathy, it has no affiliation to Homeopathy, either in principle or practise. The Central Council of Homeopathy has denied any link with this system and does not consider it part of its system. In fact, the practitioners of Electropathy have agreed to delete the term Homeopathy and call the system as Electropathy.