In a recent ruling, the Madras High Court declared that AYUSH doctors cannot conduct sonographies and other pre-natal diagnostic tests on pregnant women unless they possess the necessary qualifications under the Pre-Conception & Pre-Natal Diagnostic Techniques (PNDT) Act and Rules. This decision was made in the case of the Tamil Nadu Ayush Sonologist Association v. Union of India.
Justice SM Subramaniam emphasized that only qualified doctors, as defined by the Central PNDT Act, regardless of whether they practice allopathic medicine or any other branch of medicine, are permitted to carry out such diagnostic tests. This ruling highlights the importance of adhering to the regulations outlined in the PNDT Act when it comes to performing these medical procedures.
The Madras High Court has dismissed three writ petitions submitted by the Tamil Nadu Association of AYUSH Sonologists, a group comprising medical professionals practicing Homeopathy, Unani, Ayurveda, and other alternative forms of medicine.
The petitioners contended that they possessed recognized and valid degrees from accredited institutions in their respective fields of medicine. They argued that diagnostic procedures were included in their prescribed syllabi for Homeopathy, Ayurveda, and other alternative medicine courses.
Additionally, they asserted that they had completed certificate courses in ultrasonography, equipping them with the necessary qualifications to perform diagnostic procedures and ultrasonogram techniques on pregnant women, provided they abstained from engaging in sex selection, which is prohibited under the PNDT Act.
The Central Council of Indian Medicine (CCIM), one of the respondents in the case, supported the petitioner Association’s stance, asserting that there were no obstacles preventing them from conducting the aforementioned diagnostic procedures.
However, the Tamil Nadu government countered the petitioners’ claims, contending that doctors must possess the qualifications specified by the provisions of the PNDT Act, as it is a Central Act.
In agreement with the State’s argument, the High Court ruled that the members of the petitioner Association must possess the required qualifications outlined in the Central Rules of the Pre-Natal Diagnostic Techniques (PNDT) Act of 2014. The Court highlighted that the rules stipulated a specialized six-month “level one course on Fundamentals in Abdomino Pelvic Ultrasonography” for all MBBS doctors.
The Court emphasized that merely including a general subject related to ultrasound in the course curriculum would not be sufficient to meet the minimum requirements set forth by the Special Act. It stated that pre-natal diagnostic procedures are classified as specialized treatments, and therefore, the specific qualifications prescribed by the Central Act and Rules must be strictly adhered to by the competent authorities.
Addressing the contention put forth by the 9th respondent (CCIM), the Court stated that the basic knowledge of ECG, USG, X-Ray, CT Scan, and MRI taught in BAMS, BUMS, and BSMS colleges, as per the prescribed syllabus of the erstwhile CCIM now known as NCISM, would not suffice and could not be considered as the prescribed qualification as defined by the Special Central Enactment. The Court clarified that merely including syllabi for diagnostic procedures or ultrasound techniques did not constitute a prescribed qualification within the purview of the Central Act and Rules.
In the legal proceedings, Senior Advocate Nalini Chidambaram appeared as the counsel for the petitioner Association.
Representing the respondent parties, including the Government of India and the Union Ministry of AYUSH, was Senior Panel Counsel SS Pajani Radja.
The respondents, comprising the State government, State Health Department, and TN Homeopathy Medical Council, were represented by Additional Government Pleader T Arunkumar.
Advocate Vellaya Raj stood as the legal representative for the respondent CCIM in the case.
Written by – Sohini Chakraborty intern under Legal Vidhiya
0 Comments