Court Asserts Regulatory Oversight by Medical Acts for Alternative Medicine Practices
In a significant legal development, the Kerala High Court has ruled in favor of regulating the practice of Electro-Homeopathy, an alternative medicine system, under existing medical practitioner laws. The court's decision on June 17, 2026, came in response to an appeal by the Travancore-Cochin Medical Council against an earlier decision that allowed the practice of Electro-Homeopathy without stringent regulatory oversight.
The appeal was made against the judgment dated November 16, 2020, in a case filed by Rajesh K., a practitioner of Electro-Homeopathy, who challenged the interference by the state and its police in his medical practice. Rajesh contended that there was no legal basis for such interference, claiming that his diploma from the Council of Electro Homeopathic System of Medicine, Kanpur, qualified him to practice.
However, the Division Bench of the Kerala High Court, presided by Justices A.K. Jayasankaran Nambiar and Preeta A.K., clarified that the practice of Electro-Homeopathy falls under the regulatory framework of the Travancore-Cochin Medical Practitioners Act, 1953, and the Kerala State Medical Practitioners Act, 2021. These acts necessitate registration and adherence to specific qualifications for practice.
The court emphasized that the fundamental right to practice any profession is subject to statutory regulations ensuring professional qualifications and proper healthcare. It rejected the notion of absolute liberty in professional practice, underscoring that constitutional rights are balanced against duties and obligations.
The judgment highlighted that previous court decisions that overlooked statutory provisions regulating Electro-Homeopathy were made without full consideration of the relevant laws, thus lacking binding authority. The court's decision reinforces the importance of maintaining regulatory standards in medical practices to safeguard public health.
The ruling mandates that practitioners of Electro-Homeopathy must comply with existing medical regulations, ensuring their qualifications are recognized and their practice is lawfully conducted. This decision is poised to impact the landscape of alternative medicine practice in Kerala, aligning it with broader healthcare regulatory standards.
Bottom line:-
The practice of Electro-Homeopathy is regulated under the Travancore-Cochin Medical Practitioners Act, 1953 and the Kerala State Medical Practitioners Act, 2021.
Statutory provision(s): Travancore-Cochin Medical Practitioners Act, 1953, Kerala State Medical Practitioners Act, 2021.
Travancore-Cochin Medical Council v. Rajesh K., (Kerala)(DB) : Law Finder Doc id # 2926556
