Supreme Court Issues Notice on Plea Seeking AYUSH Doctors’ Inclusion under Medical Practitioners

The Supreme Court held that it will examine a plea seeking to read down provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, to protect AYUSH practitioners from prosecution for medical advertisements.

The Court observed that the challenge raises important questions on whether the Act, enacted in the 1950s, has become constitutionally obsolete. 

It noted the contention that Sections 2(cc) and 3(d) arbitrarily exclude AYUSH doctors from the definition of “registered medical practitioners,” despite statutory recognition.

Issuing notice to the Union and concerned ministries, the Court will examine alleged violations of Articles 14, 19, and 21.

[Nitin Upadhyay v. UOI]