The Council of Alternative Systems of Medicine & Anr. v. State of West Bengal & Ors., reported in 1991 (2) CLJ 173

Opinion regarding Matter No. 546 of 1988 parties being The Council of Alternative Systems of Medicine & Anr. v. State of West Bengal & Ors., decided on May, 7, 1990 by Hon’ble Mr. Justice Bhagwati Prasad Banerjee.

1.   A decision of the Calcutta High Court in the case of The Council of Alternative Systems of Medicine & Anr. v. State of West Bengal & Ors., reported in 1991 (2) CLJ 173. The said decision, after having considered the scope and effect of Indian Medical Council Act, 1956 and Indian Medical Degrees Act, 1916, particularly considers the scope and effect and application of the system of therapy popularly known as "Naturopathy". In this context, it was laid down that "alternative systems of medicine" would include a system devoid of medicine made by chemicals. It is the system to obtain a cure by controlling diet, the senses and breathing. If any disease is cured by the practice of Yoga, it cannot be said that such a system contravenes any of the provisions of law as it is no offence to obtain training in Yoga and/or to advise people how to correctly follow the system of Yoga. In short, the system of medicine which is devoid of any therapy by chemicals or drugs, and where the human body system is assisted to obtain a cure by controlling diet, the senses and breathing, does not contravene any statute.

2.   It would, therefore, appear that so long as the Practitioner confines himself to the practice of Naturopathy, and the application of the principles thereof, and does not resort to drugs, chemicals and practices which are followed, applied and practiced in other professional systems of medicine, such practice in iiself would not be violation of any law.

3.   The position, however, is different when the Practitioner, by way of alternative submissions made in the petition (albeit by a very confused presentation of his own desire) submits that he is also entitled to create, establish or run an institution such as an Institute of Naturopathy or some such organisation, where professional training is imparted to the students of such institution, confer some sort of degree on those students who are successful, and to confer upon such successful students some sort of certificate or degree whereby they can call themselves "Doctors". Such a situation at best must remain in the realm of desire of the petitioner. If at all such a system of training can be set up by a recognised institute for the purpose, it is for the practitioner to approach the appropriate authorities under the appropriate scheme of legislation and to obtain the necessary recognition and/or affiliation as may be required under the appropriate law. It is not for the Court to educate the practitioner as to how the practitioner's desires can be achieved, inasmuch as the Court does not exercise advisory jurisdiction.