Page No.# 1/5 vs The State Of Assam
2025 Latest Caselaw 683 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam on 2 June, 2025

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                            Page No.# 1/5

GAHC010114972025




                                                                      2025:GAU-AS:7104

                            THE GAUHATI HIGH COURT
     (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : Bail Appln./1799/2025

             SAVITA DAS
             D/O LATE PADMAKANTA DAS,
             R/O WARD NO. 5, TEZPUR,
             P.S. TEZPUR, DIST. SONITPUR, ASSAM, PIN-784001



             VERSUS

             THE STATE OF ASSAM
             REPRESENTED BY THE PP, ASSAM



Advocate for the Petitioner : MR. S C BISWAS, B KALITA,MS. R DEVI,MR. MEHUL
SHAH,MR. P S BISWAS,MS. K L R YANTHAN

Advocate for the Respondent : PP, ASSAM,

                                     :: BEFORE ::
                  HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                      O R D E R

02.06.2025

Heard Mr. S.C. Biswas, the learned counsel appearing for the petitioner. Also heard Mr. K.K. Parasar, the learned Addl. Public Prosecutor, Assam.

2. This is an application under Section 483 of the BNSS, 2023 praying for regular Page No.# 2/5

bail to the petitioner, Smti. Savita Das in respect of Jakhalabandha P.S. Case No.51/2025.

3. On 16.05.2025, Dr. Abhijit Neog, Anti Quackery & Vigilance Officer, Assam Council of Medical Registration, Assam in the office of the Directorate of Medical Education, Assam, had lodged an FIR before police alleging that the petitioner Savita Das was practicing as a Medical Officer at Burapahar Tea Estate under the jurisdiction of Jakhalabandha Police Station. According to the informant, Savita Das claimed to be a Diploma Holder of M.D.L.H., B.D.D.C.H. etc. and also claimed to be a Registered Practitioner in Compound Homeopathy systems of Medicine from a Dubious "Fly By Night" institute called "National College of Alternative Medicines & Compound Homeopathy, Guwahati. The informant alleged that National College of Alternative Medicines & Compound Homeopathy, Guwahati does not exist. Savita Das allegedly held a registration certificate issued by Council of Alternative Systems of Medicines, West Bengal, which is not recognized by any Government or statutory bodies.

4. The Medical Inspector of Plantation informed the matter to the informant and accordingly the informant verified the matter and found that the petitioner was not registered with the Board of Homeopathic System of Medicine, Assam. The Registrar of the Board of Homeopathic System of Medicine, Assam had also informed that according to Section 34(1)(a) of the National Commission of Homeopathy Act, 2010, no person other than a person who is enrolled in the State Register or a National Register is allowed to practice Homeopathy as a qualified practitioner.

5. Upon the aforesaid allegation, the petitioner was arrested.

6. Mr. Biswas has submitted that the petitioner is a Diploma Holder of Alternative Medicines & Compound Homeopathy. In order to buttress his point, Mr. Biswas a relied upon a judgment of Hon'ble Calcutta High Court, reported in 1990 SCC OnLine Cal

105. It was a case between the Council of Alternative Systems of Medicine and the State of West Bengal. Paragraph 20 of the said judgment is quoted as under:

Page No.# 3/5

"20. It may be mentioned that the alternative system of medicine is a system devoid of medicine made by chemicals. It is a system to get cure by controlling diet, sense, breathing. If any disease is cured by a practise of Yogo, it cannot be said that such system controvened any of the provisions of law and it is an offence to get training in Yogo and to advise the people and to follow the system of Yogo. Yogo is not a recognised system of treatment by the Legislator and/or the Parliament but it is practised and propagated through T.C. by the Government. Similarly, the alternative system of medicine clearly indicates that it is a system which is contrary to the modern system of medicine based on antibiotics and chemical compound. It is alleged that the modern system of medicine, allopathy is unable to cure all the diseases and further when the system of medicine cannot reach to the villagers or poor people of the country, but the people are taught to get cure and keep their body fit by means other modern medicines, certainly it cannot be said that these are offences and/or prohibited under the law. It must be remembered that excepting the man the whole of the animal kingdom get their medicine from nature. For them there was no school or college and/or any University but she whole of the animal kingdom knows what is the medicine for a particular disease. It is a matter of common knowledge that even dogs and cats frequently found to eat grass and vomits to get rid of some disease and takes some plants as medicine for their disease and by that process they get cure from some ailments. The system of medicine cannot be said to be confined and limited to allopathy or homeopathic system of medicine. Any medicine which cures the disease is a medicine and it cannot be confined to a particular type of system. Sometime by controlling diet, by practising Yogo or by Joging, people keep their body fit and can get away from diseases. It appears that a system of healing from naturopathy is the part of new system of Ayurveda. Healing from naturopathy by controlling diets is a thing which is recognised by the eminent doctors of modern allopathy system of medicine providing of laws referred to by the Assistant Secretary to the Government of West Bengal and the police authorities do not construe any offence if the petitioners confer any distinction or diploma. This degree/diploma is not recognised by the Government but that does not mean that the learning and research must come to an end unless permitted by the Government by law. If it is said that no other person can prosecute any course of studies and can make any research and impart training to any other system as alternative system of medicine, in that event, the learning of the subject will come to hault. It is needless to point out that the legislator has right to make laws for regulating the system of medicine and education but certainly it has not right to stop a person from finding out any other alternative system of medicine. It cannot stop a person from getting cured from systems not recognised by the Legislator. Legislator is certainly competent to make laws, but anything which is injurious to public health or anything is injurious to mankind, Legislator can certainly stop it. But it is an alternative system of medicine for curing the people from diseases by adopting the course which is alternative to modern medical science based on chemical compounds. This cannot be stopped. If this is stopped, in that event, the researching the field will come to a hault. When Hanniman invented the homeopathy system of medicine, nobody thought Shat all over the World the same should accepted to be a good system of medicine and particularly the poor people would be benefited. Even then very recently the homeopathy system of medicine has been recognised by the legislator but this system Page No.# 4/5

of medicine was taken from time immorial and there Colleges for imparting such education. The Homeopathy doctors could practice without the legislative recognition.

The progressive of system of medicine and the progressive of the man's effort to find out the medicine and the man's effort to get cure, cannot be stopped by the legislator and as a matter of fact it has not been stopped. It does not require permission and prior sanction of the legislature to get one cure without any medicine. The legislator cannot prevent a man from propagating and advising the people how to get themselves cured and not to affect by illness by practising some methods which are alternative to the existing system of medicine. Alternative System of Medicine means it depends on a system in which no medicine make from chemicals would be required. If the alternative system of medicine impart education after making research of plant, in my view, people has right to do so and the legislator has no power to stop all these things. After all these are being done for the purpose of curing the people without taking risk and giving relief to the poor people. We have to remember that in India according to Encyclopedia Britannica the recognised system of medicine can provided one doctor per 60OO people. At present population is growing at a very fast rate and the doctors are not increasing proportionately now it would be roughly one doctor per 10 to 15 thousand people. If the poor people cannot reach to the medicine because of high cost and expenses and if they are asked to take other alternative system of medicine, in my view, the Government has no jurisdiction to take an exception to it. It cannot be intention of the legislator that the poor people must the without any treatment unless they can get medicine from recognised system of medicine which is cosily and which is beyond the means of the poor people. We have to remember the present economic condition in our country. We are not living a developing country or countries. The poor people are depriving from medicine and if alternative system of medicine can find some solution and can help the people to get treatment they must be appreciated and encouraged. Government had not recognised the degree/diploma conferred by this authorities but certainly the Government cannot stop the people from getting education in this system which is an alternative system of medicine. Article 19(1)(J) confers report the citizen Co-practice any profession or to carry on any occupation or trade or business subject to the limitation that the State can impose reasonable restrictions in the interest of general public Article 19(6) did not provide any power upon the legislature to prohibit teaching or imparting education in alternative medicine nor there was any legislator imposing any ban on such studies. The person concerned who had got training and who may get training under this system, may not practice like an allopathy or homeopathy doctor, but certainly they have right to pursue this system and can prescribe the same to the people. It is very unfortunate before I part with this matter, I must it on record that the Government did not apply its mind to this aspect of the matter but by some instructions of some local club the Government attested the people and put them into jail alleging the violation of the provisions of law in the facts and circumstances of the case."

7. I have considered the submissions made by the learned counsel of both sides.

8. The only drawback in the case of the petitioner is that she is not registered Page No.# 5/5

under the Board of Homeopathic System of Medicine, Assam and under Section 34(1)

(a) of the National Commission of Homeopathy Act, 2010, it is mandatory. This Court is of the opinion that for this drawback, the petitioner does not deserve to be detained in custody.

9. For the aforesaid reason, the bail application is allowed.

10. The petitioner, Smti. Savita Das in respect of Jakhalabandha P.S. Case No.51/2025, shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Kaliabor, Nagaon, Assam.

11. The petitioner shall not practice medicine without registering herself under the Board of Homeopathic System of Medicine, Assam.

With the aforesaid direction, the bail application is disposed of.

JUDGE

Comparing Assistant