Lokmat News Network
Chhatrapati Sambhajinagar:
The Aurangabad bench of the Mumbai High Court, comprising justices Vibha Kankanwadi and Hiten Venegaonkar, has clarified that under Article 226 of the State Constitution, the President cannot be directed regarding giving consent or the timeline for the “Maharashtra Yoga and Naturopathy Act, 2016.”
However, considering the orders of the Department of Medical Education & Drugs and the AYUSH Directorate, and since the district medical officer withdrew the letter prohibiting the petitioner from practising naturopathy, the petitioner is not barred from practising naturopathy as a medical business. The bench also clarified that registration under the Maharashtra Medical Practitioners Act, 1961, is not required, and dismissed the petition.
What was the petition?
Laxmikant Bhanudas Waghmare, a naturopathy practitioner from Shirur Tajband in Latur, through advocate Vitthalrao Salagre, had filed a petition requesting that the Centre’s Ministry of AYUSH provide consent for the “Maharashtra Yoga and Naturopathy Act, 2016,” and also make provisions for registration of yoga and naturopathy practitioners for business purposes. The Centre’s counsel informed the court that the Act is still pending presidential consent. The bench clarified that the President cannot be directed under the relevant provisions of the State Constitution.
Ban on treatment
The petitioner had registered under Section 37 of the Maharashtra Medical Practitioners Act. However, according to a circular dated 20 September 2005 by the Department of Medical Education & Drugs, practitioners in rural areas cannot provide treatment without registration. Earlier, registrations of rural practitioners had been cancelled. On this basis, the district medical officer had sought guidance from senior authorities and, until then, the petitioner was instructed on 25 October 2017 to stop providing naturopathy treatments. The matter was handled by Krishna Saluke on behalf of the Central Government and R. B. Dhaware on behalf of the State Government.