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Title: Discussion on the Indian Medicine Central Council (Amendment) Bill, 2002. (Bill passed)
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI A. RAJA): On behalf of Shri Shatrughan Sinha, I beg to move:
“That the Bill further to amend the Indian Medicine Central Council Act, 1970, as passed by Rajya Sabha, be taken into consideration.”Indian systems of medicine, namely, Ayurveda, Unani and Siddha are the recognised systems of medicine in India. About four lakhs registered practitioners are practising these systems in India. These systems are simple, natural, cost effective and proven to be effective for common ailments as well as for chronic diseases and also for certain diseases which are otherwise refractory or less amenable to other forms of treatment. The Government is encouraging these systems to develop on their own genius. One of the measures taken to regulate the education and practice of the systems is the enactment of the Indian Medicine Central Council Act in 1970. Under the provisions of this Act, the Government in 1971 constituted a Central Council of Indian Medicine which has been reconstituted from time to time.
SHRI A.C. JOS (TRICHUR): The Cabinet Minister is not seen here, Madam.
MADAM CHAIRMAN: The Minister of State is here and he is moving the Bill. You cannot object to that.
SHRI A. RAJA: The main objectives of this Council are to maintain a central register of practitioners of Indian Medicine and to regulate education and practice. Through this measure of registration of practitioners, the practice of Indian Medicine by people without any training and experience has been greatly curtailed.
Prior to the enforcement of this Act, different State governments were conducting different courses of varying duration and titles. In order to achieve standardisation and uniformity in education, the Council has enforced various regulations. One such regulation is the minimum standards of education in Indian Medicine Regulations, 1986 that was later amended in 1989.
With the increase in acceptance and popularity of these systems, the demand for establishing new colleges grew, resulting in increase in the number of doctors coming out of these colleges. Commercialisation of medical education gave incentive to opening of more and more colleges. The societies/trusts and similar bodies started colleges after obtaining permission of State Governments and affiliation from Universities. This caused proliferation of colleges leading to fall in standards. It was expected that the Indian Medicine Central Council Act and the Education Regulations made by them would help to achieve uniform standards of education and practice in Ayurveda, Unani and Siddha systems of medicine. But due to lacunae in the provisions, neither the Central Government nor the Central Council of Indian Medicine could enforce the provisions in letter and spirit.
According to the procedure in vogue, an intending society or trust can obtain permission of the State Government and consent of the affiliating University and start a college. Thereafter, they approach the Central Council of Indian Medicine for permitting them to run the course for a fixed number of seats. There is no legal provision, which makes it obligatory to obtain prior approval of the Central Government or the Central Council. This has led to proliferation of sub-standard colleges.
The Central Council of Health and Family Welfare and the Conference of the State Health Ministers of Indian Systems of Medicine & Homoeopathy addressed this issue and recommended for the amendment of the Indian Medicine Central Council act, with a view to permitting only those new colleges, which would comply with guidelines laid down in this regard.
Therefore, a proposal was mooted to amend the Act on the pattern of the amendments carried out in the Indian Medical Council Act in 1993. A similar amendment was passed by this House in this Session in the Homoeopathy Central Council Act, 1973.
The provisions proposed in the amendment are to seek permission of the Central Government for the establishment of new colleges; increase in the number of seats and for introducing new or higher courses of study in the Indian medicine, with a view to ensure curtailing the mushrooming of sub-standard institutions.
MADAM CHAIRMAN : Motion moved:
“That the Bill further to amend the Indian Medicine Central Council Act, 1970, as passed by Rajya Sabha, be taken into consideration. ”
SHRI E.M.S. SUDARSANA NATCHIAPPAN (SIVAGANGA): Thank you, Madam Chairman. We support this Bill wholeheartedly. But at the same time, we have to comment upon certain areas. It is because the enactments should have a touch of global market. The Indian systems of medicine, especially,ayurveda,siddha, and unani is worth about Rs. 53,000 crore in the international market. But China is having around 32.5 per cent of the market. But India is having very small percentage about which we need not even make a mention. In this background, we have to compete with the world market. It becomes a service oriented sector. Abroad, especially in the Western countries, the Indian medicines are used in each and every aspect of life. It is used for beautification, health, rectification, prevention etc. They are using Indian medicines, especially that of ayurveda, siddha, and unani. In such circumstances, this Bill gives more bureaucratic control especially to the Central Government. The original Act gave way only for the constitution of Central Council of Indian Medicine and maintenance of Central Registrar of Indian Medicine for matters connected therewith.
But now the Central Government steps into the area of State Governments who are now permitting them to have new institutions, medical college or research institution on the basis of Indian medicines. The universities used to give the syllabi, conduct the examination and award degrees and diplomas. Apart from these two institutions, with the establishment of the Indian Medicine Central Council, we will have one more institution, which will see whether infrastructure is properly made or not and whether there is any necessity for making further allocation of seats.
Clause 13 (a) gives the permission for establishment of medical college. They have to apply for a scheme. That scheme is not defined in the Bill. But the scheme is mentioned. Under clause 13(a)(2), the scheme is to be given to the Central Government. The Central Government will, in turn, send it to the Central Council. The Central Council will look into the scheme and find out whether it is reasonable or not and whether it can be accepted or not. They have to decide it within six months. Otherwise, they can demand for rectification or for the error to be rectified. They can demand it from the institution which are applying for the scheme. If they do not get the rectification demand within six months, another new application can be given. But this time it has to be given within one year. That is a welcome provision. Within one year if nothing comes from the Central Government, then that particular institution can run the institution as a permitted institution.
In the fourth place, I would like to say that the recommendation made by the Central Council has to go to the Central Government and the Central Government will give the permission. I would like to suggest one thing. Nowadays, the market-driven life is going on. We need a lot of people to have education in the Indian system of medicine. The definition of Indian Medicine has been given in the Section as follows:
“Indian Medicine” means the system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb whether supplemented or not by such modern advances as the Central Council may declare by notification from time to time. “This aspect is the need of the hour. Therefore, whatever the market needs, that should be given. The number of people who have got the skill and education should swell and the number should go up. Therefore, we should not restrict them to come and get the Central Government’s permission. Just for example, Kerala, Tamil Nadu and other States are having a lot of Ayurvedic educational institutions. They have to seek the permission of the Central Government then and there even for increasing the seats. The same situation will give rise to too much of a delay in respect of other aspects also.
In the same way, I would like to suggest one thing. Before that, I want to put this question. What is the infrastructure that is available now? That has not been mentioned here fully. We cannot imagine to have the infrastructure of the allopathy medicine where big buildings, big laboratories and palacious areas are needed. There is no need for it. I know about Tamil Nadu. The Tamil Nadu Government has given about 14.52 acres of land to start a Siddha institute. For that, for the compound-wall alone, they have spent about Rs.22 lakh. But there is no building other than the compound wall. Is Ayurvedic medicinal system needs such magnificent buildings? There is no need for it. It should be a vedic type of an institute. It should have a cottage; herbals around it; a garden around it; it should have an estate where medicinal plants are available. A vast area is available in India. We can create a lot of Ayurvedic and Siddha institutes wherever land is available. In drought-prone areas like my constituency, there are a lot of herbal plants. So, an institute can be started in such places. There are many people who learn it through the hereditary system of education. But they are not awarded any degree. They have got the knowledge. They practise it. They are successful. How are we going to recognise them? Are we having any diploma course or certificate course or a crash course to make them educated? Can they secure a certificate? So, this should be recognised. This is a part of the Indian life. … (Interruptions) Indian medicine is a part of the Indian life. Whatever food we are taking, a part of medicine is included in it. It has nutrition also. There is no need to take a tablet as in the case of allopathy. If you take the greens, then automatically it supplies all the vitamins. The deficiencies can be rectified. Therefore, it is a part of the day to day life. This is a day-to-day system. That should be recognised. We call this type of medicine in Tamil as Paatti Vaidyam, the grandmother’s medicinal system. A grandmother can easily cure the problem of a crying child or any problem of the children, old-age people or any youngsters. But they need not go for the allopathy medicine where they have to spend a lot of money. Therefore, this type of thinking has to emerge.
The Government wants to recognise the institutes. For that, they want to take away the rights of the States. There are so many cases pending in the Supreme Court. Judgements were also given in some cases. So, Mr. Minister, why are you usurping the powers of the State Governments? The State Governments know the needs of the local area. They can give permission for the colleges. They can change the syllabus according to the needs. Therefore, this type of a thing should not be done by taking away the power to the Central Government. By this way, the Centre is asking everybody to go to the Central Government for getting permission for starting colleges and other things.
Finally, I would suggest that the very Bill gives rise to a lot of doubts. Previously, there was only recognition of medical qualification in certain cases. Please refer to clause 13B ( 3 ) which says:
“Where any medical institution increases its admission capacity in any course of study or training without the previous permission of the Central Government in accordance with the provisions of Section 13A, medical qualification granted to any student of such medical institution on the basis of the increase in the admission capacity shall not be deemed to be recognised medical qualification for the purposes of this Act.”What about the colleges that are already existing? How is the Government going to permit them? There are about 120 Ayurveda Colleges all over India and about 25 Unani Colleges. How is the Government going to recognise them? There is no provision for that in this Bill.
In the same way, Clause 13B (3) says:
“Where any medical institution increases its admission capacity in any course of study or training without the previous permission of the Central Government in accordance with the provisions of section 13A, medical qualification granted to any student of such medical institution on the basis of the increase in its admission capacity shall not be deemed to be a recognised medical qualification for the purposes of this Act.”So, what will be the fate of those students who have already joined in such institutions? We are seeing plenty of news items appearing in the Press that students are being lured to join such institutions. They are being promised that there would be increase of seats within six months or one year. So, later on if you do not recognise such increase of seats in those institutions, what will happen to all those students who have already joined there in the hope that the college would get recognition and they can continue their course there?
Therefore, these types of day-to-day problems are there. These things should be looked into properly when statutory rules are framed. I am happy that at least now the Government has thought of making the Indian system of medicine a perfect one and bringing it up to the international level. So, getting more powers or usurping powers alone will not help the cause of Indian system of medicine. But the Government should think constructively to help the unemployed people who are ready to study Indian system of medicine and practise it in day-to-day life. The Government should do more research on this and allow more patents so that such students can earn more in the international market.
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