The High Court has observed that the alternative medical system would play a vital role in the health sector and develop the overall medical system through its proper and accurate reading and training.
Against this backdrop, it is the responsibility of the government to prepare the necessary legal framework for the alternative medical system. The court, however, suggested the formation of a separate ministry following India who has already formed the Ministry of AYUSH over the alternative medical system.
The High Court made the observation and the suggestion in a full verdict that was released on Saturday (August 14).
The HC bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil delivered the verdict following a writ petition.
The High Court in the verdict, however, desired that the physicians who hold Homoeopathic and Unani degrees would refrain from using surname the degree ‘Dr or Doctor’ before their names.
In the 71-page verdict, the HC bench said that a person with a degree in Homeopathic medicine or Unani can’t use the title of doctor before his name.
Earlier, some degree holders in Homeopathic and Unani medicine had filed the writ petition with the High Court, seeking its direction to use the degree ‘Dr’ before their names.
Barrister Rashna Imam and Advocate Khandaker Nilima Yasmin appeared for the writ petitioners, while Barrister Tanjib-ul-Alam was on the other side.
According to the verdict, the practitioners of alternative medicine can use ‘Integrated Physician’, ‘Complementary Physician’, ‘Integrated Medicine Practitioner’ and ‘Complementary Medicine Practitioner’ with their names.
The verdict mentioned that the practitioners of alternative medicine in neighboring India can’t also use the degree doctor.
The verdict says, “As per the Section-29 of the Bangladesh Medical and Dental Council Act, 2010, no one other than an MBBS or BDS degree holder of a registered medical or dental institute of BMDC can use the title of doctor before his name. Unfortunately, many Homoeopathic or Unani degree holders use the title before their name.”
However, in a notification issued on March 9 in 2014, the Directorate General Health Services (DGHS) of the Ministry of Health and Family Planning permitted the Homoeopathy and Unani degree holders to use doctor title before their respective names. The High Court in its verdict termed the permission as illegal.
Besides, Bangladesh Homoeopathic Board in a circular issued on February 6 in 2020 did not permit the homeopathic physicians in several branches to use Doctor as a surname before their title. So, use of doctor is also unlawful, said the court.
The verdict, however, emphasises the importance of Homoeopathic and Unani medical treatment as alternative medical system.
The verdict states that the alternative medical system is a five- thousand-year old system. The ancient system would play a vital role and develop the overall medical system through its proper and accurate reading and training.
However, the conventional medical system came under law only 182 years ago through the Western medical system law. The world’s first conventional medical law is ‘The Medical Act, 1858’ of England. Before 1858, the medical system was not regulated by any law.
On the other hand, people have been adopting alternative medical methods since five thousand years ago.
According to Article 39 of the Constitution, freedom of thought and conscience of every citizen are ensured. That is why freedom of thought and conscience is one of the basic rights of every citizen. So, it is the fundamental right of every citizen so that he will adopt any form of treatment, such as conventional, or western, or allopathy or alternative medicine. So, it is one of the responsibilities of the government to prepare the necessary legal framework in this regard.
The judgement suggested following the policy of ‘patient-centered medical service’ in the overall medical management as well as in conventional and alternative medical management. If necessary, a separate ministry can be formed in Bangladesh following the Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha, Sowa-Rigpa and Homoeopathy (Ministry of AYUSH).
The verdict further says that all concerned should expedite the formulation of comprehensive plans, policies and necessary legislation for the implementation of the ‘Declaration of Kazakhstan’ and the ‘Almaty Declaration’ to ensure ‘Health for All’.
