The Supreme Court has issued notices to the Union Ministries of Law, Health and AYUSH on a PIL seeking recognition of AYUSH doctors as “Registered Medical Practitioners” (RMPs) under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, similar to allopathic doctors.
A bench led by Chief Justice Surya Kant, with Justice Joymalya Bagchi, heard submissions by advocate Ashwini Upadhyay, appearing for petitioner Nitin Upadhyay, a law student. The court made a light-hearted remark about the petitioner before issuing notice.
The plea argues that the 1954 Act, meant to curb misleading medical advertisements, unfairly excludes AYUSH and other non-allopathic practitioners from its definition of RMPs. It challenges the blanket ban under Section 3(d) on advertising treatments for certain diseases, saying it prevents even truthful, scientific and lawful information from reaching the public.
The petition claims the law is outdated and restricts the public’s right to information about diagnosis and treatment of serious diseases. It seeks directions to include AYUSH doctors within the Act’s definition of RMPs and to set up an expert committee to review and update the law in line with current scientific knowledge.
