The Hindu : Kerala News : `No need to move Centre for traditional medicine licence'

Online edition of India's National Newspaper
Monday, Dec 20, 2004

Kerala

Kerala

`No need to move Centre for traditional medicine licence'

By Our Staff Reporter

KOLLAM, DEC. 19. The Health Minister, K.K. Ramachandran's statement on Saturday that the State Government had approached the Centre to restore the licences of traditional medicine manufacturers has been well received by the traditional medicine sector.

The president of the All Kerala Siddha Vaidya Federation, Manu Vaidyan, told The Hindu that in order to restore the licence for traditional medicine manufacturers, there was no need for the State Government to approach the Centre since that could be done by the State itself as per the existing law.

``I fear that the Minister has been grossly misguided on the subject,'' Mr. Manu Vaidyar said.

In Tamil Nadu

Manu Vaidyan said that the neighbouring Tamil Nadu Government had given licences to hundreds of traditional medicine manufacturers through a special enactment.

The Tamil Nadu Government did not seek the Centre's permission. If Tamil Nadu could give permission, why not Kerala? he asked.

State has enough laws

He said that the State already had the required law for the purpose. The Indian Medical Central Council (IMCC) Act 1970 was in force in the State along with the Travancore-Cochin Medical Practitioners (TCMP) Act 1953.

Under Section 38 Proviso of the TCMP Act, the State Government has the power to exempt and grant registration to eminent traditional medicine practitioners. Granting `A' class registration means the licence to manufacture traditional medicines.

Act is constitutional

So far, no Court has found that Section 38 Proviso of the TCMP Act is unconstitutional. In fact, a Division Bench of the Kerala High Court had on January 8, 2003, in a verdict stated that ``Section 38 Proviso under the Act is the power to grant exemption and can be exercised for good reasons, not arbitrarily.''

From this it is clear that through relevant proviso of the TCMP Act, the State Government could solve the problem on its own and that there was no need to approach the Centre, Mr. Manu Vaidyar said.

Denial of registration and licence to even such eminent ashtavaidya families who had earned the confidence of the people could result in a branch of medicine going extinct, he said. It was the failure of the State Government to enact a Medical Bill that led to all the confusion, he said.

Medical Bill

After the enactment of the IMCC Act, the State Governments were given directives to pass a Medical Bill. But Kerala was the only State that did not pass such a Bill.

The Kerala Medical Practitioners Bill is pending since years before the Assembly.

The Bill has the required Sections for grant of registration to genuine traditional medicine practitioners, he said.

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