PIL Filed in Gauhati High Court to Check Menace of Fake Doctors and Quacks in Assam

STAFF REPORTER

GUWAHATI: A Public Interest Litigation (PIL) has been filed in Gauhati High Court seeking the court’s intervention in checking the menace of fake doctors and quacks in Assam.

The PIL has been filed by a Guwahati-based doctor, Dr Abhijit Neog, to bring to the notice of the court “the serious risk to the life and limb of the residents of the state that is being caused by a large number of fraudulent persons who are practicing as doctors without the requisite and recognized qualifications and without being registered under the Assam Medical Council / Indian Medical Registry or the State and Central Register of NCISM (National Council of Indian System of Medicine) as required under Section 34 of the NCISM Act, 2020”.

The petitioner with his constant efforts has been able to expose a few of such fraudsters. However, considering the large number of such fake doctors who are practicing in every nook and corner of the State, it is essential that a thorough survey is conducted to identify and nab such fake doctors and punish them in accordance with law.

The petitioners suggested some steps that could be taken by the authorities which in turn could help in eradicating the threat of fake doctors. They are –

(i) Formation of an Anti-Quackery Unit in Assam, which could be made effective at the district level and could include Police Officers having the power to arrest and detain such individuals, members of the state Health Department and also nominated members from the General Public who are adequately qualified.

(ii) A dedicated Help Line phone number accessible to all and widely publicized where people can report doubtful persons masquerading as doctors.

(iii) Creation of an online database of doctors practicing within the state which is accessible to the public at large.

(iv) Sensitization and training of the law enforcement personnel to understand the legal Implications of any such information received and to analyze the same through the data available.

The petitioner appealed to the court for issuance of a writ in the nature of mandamus to the respondents to establish a proper mechanism to ascertain the qualifications of the persons practicing modern medicine within the state and to identify all such persons who are practicing modern medicine without the requisite qualifications, and to conduct a survey of all the allopathic doctors within the state and to assess if they possess the necessary qualifications, and/or to conduct a survey of all the allopathic doctors within the state and to assess if they possess the necessary qualifications.

The division bench comprising Gauhati High Court Chief Justice Sandeep Mehta and Justice Mitali Thakuria admitted the PIL and issued notices returnable within three weeks to the respondents comprising the Union Health and Family Welfare ministry, the Union Ayush Ministry and the National Medical Commission, Assam Chief Secretary, the State Health Department, the Director of Medical Education, the Medical and Education Research Department and the Assam Council of Medical Registration.

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