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N.E.H.M. OF INDIA
H.O. :- C2C/123, Pocket-12,
Janak Puri, New Delhi - 110058

Judiciary Support

Important steps of Govt.(Admn.) as well as judiciary support towards
development of electropathy under NEHM of India, New Delhi vis-à-vis.

NEHM of India is a prime Organisation/Society first of its kind engaged in the promotion & development of electropathy since its inception i.e. the day of establishment i.e. 12.08.1983 is playing great role in the development of electropathy.

Although several Courts and Govt. orders of various States have come up supporting to the system as well as NEHM of India in which some of them are most important and remarkable as steping stone which divert the general Public, Govt. officials and even judiciary to think such a way where the system is standing today at the door of recognition through a parliamentary / legislative Bill which is under consideration of the Government. For example:-

S.No. Date Description
1. 12-08-1983 NEHM of India established after getting registration from Society Registration Act with the aims & objectives of promotion, development & research of new fifth medical system electropathy / electro homoeopathy covering complete medical syllabus / course of study of the system. Refer – electropathy notes and detailed syllabus.
2. 01-01-1986 The Registrar, Board of Homoropathic System of Medicine, Old Secretariat, Delhi has informed vide letter No. BHS / 11 / 83 Delhi/ 1860 dt. 01-01-1986 informing the Registrar, NEHM of India, New Delhi that “your Principals & prescribing methods are different than Homoeopathy. You are advised to delete the homoeopathy from your title.
3. 19-04- 1988 N.E.H.M. of India & 51 members of Parliament requested to Prime Minister and after that Hon’ble Health Minister (Sh. Moti Lal Vora) with regards to the recognition of Electro-homoeopathy Medical Science in India. Hon’ble Health Minister ordered to constitute an Inquiry Committee.
4. 27-05-1988 The Director, Central Council for Research in Homoepathy vide his letter No. 7-2/88-CCRH/TCH dt. 27-05-1988 has informed the Joint Secretary (A), Ministry of Health & F.W., Govt. of India , Nirman Bhawan , New Delhi “it does not show any similarity with the Homoeopathic System of Medicine at any stage i.e. right from the fundamental Principle till the line of treatment. The word “Homoeopathy” therefore , should not be used alongwith this pathy and it appears to be an independent system.”
5. 01-09- 1988 Ministry of Health & Family welfare, Govt. of India constituted an Inquiry Committee on Electro-homoeoapthy. Dr. N.K. Awasthy was nominated as an “Electro-homoeopathy Expert” in whole India in the Inquiry Committee.
6. 16-05 1991 An Expert Committee was constituted by the Health Ministry. Four senior officers were selected to represent the four pathies while the fifth one (Electro-homoeopathy) all over India was allocated to Dr. N.K. Awasthy, Secretary, NEHM of India, New Delhi.
7. 31-05 1991 On the direction of Prime Minister of India (Sh. Chandra Shekhar Ji) the Hon’ble Dy. Minister of Health & F.W. Govt. of India along with research team visited the office of N.E.H.M. of India, New Delhi, to see the premises & its working and to examine how Electropathy medicine work on human body and after having been satisfied he categorically stated that NEHM of India, the only organisation today serving the cause of Electropathy. I will do every possible for this Institution as well the system on behalf of the Ministry.
8. 14-06-1991 Dy. Union Health Minister and his colleague submitted inspection report to concerned Deptt. of Health Minstry and thereafter he wrote in a official note that NEHM of India may be authorised for Promotion, Development & Research of Electropathy in India.
9. 17-06-1991 Dy.Union Health Minister had confirmed the Chairman, NEHM of India regarding authorization stating therein “I have authorised NEHM of India for Promotion, Development & Research of Electropathy in India”.
10. 14-08-1992 Sh. P.K. Bhasin, Addl. Distt. Judge, Tis Hazari Court, Delhi has passed an order (Suit No.27 of 1992, NEHM of India Vs Delhi Administration & Union of India) restraining the defendents from issuing any public notice concerning the activities of the plaintiff as has been done in the form of public notice dt. 09-07-1992.
11. 09.09.1998 The High Court of J & K at Srinagar has passed the order on 09-09- 1998 stating therein there is no need to seek permission from competent authority of the State after taking permission / affiliation from NEHM of India, New Delhi.
12. 18.11.1998 Hon’ble Delhi High Court while delivering the judgement in FAO No. 205/92 Delhi Govt. & Union of India Vs NEHM of India on 18.11.98, the Delhi High Court has ordered that NEHM of India may issue Diploma/Certificates and holders of such Diploma/Certificates are entitled to practice in Electropathy systems of medicines on the strength thereof.
13. 24.11.2000 Hon’ble Supreme Court of India at New Delhi has dismissed the S.L.P. filed by the Union of India and Delhi Govt. Challenging the order FAO No. 205/92 of Hon’ble Delhi High Court dt. 18.11.98. The Hon’ble Court has re-affirmed/ maintained the statusquo of the High Court order.
14. 07-01-2002 Deptt. of Entomology and apiculture, Dr. Y.S.P University of Horticulture & Forestry, Nauni, Solan (H.P) has issued an Analytical resport of electropathic medicines. On the basis of multiresidue analysis for forty two pesticides , the above mentioned patents and medicines were found free from residue.
15. 04.06.2003 Deptt. Of Epidemiology and Preventive Veterinary Medicine, College of Veterinary Science , Punjab Agriculture University, Ludhiana has published an article in Indian Journal of Veterinary Medicine mentioning Blue Electricity treatement in blood in milk syndrome. The University was also taken the reference of Materia Medical and Practice of Medicine in electropathy of NEHM of India, New Delhi.
16. 20.06.2003 Directorate of Health Services, Govt. of NCT of Delhi in correspondence with Union Health Ministry, Govt. of India has issued notification in light of the observation of Hon’ble Delhi High Court duly confirmed by Hon’ble Supreme Court of India that NEHM of India may issue diploma/certificates & holders of such iploma/certificates obtained from NEHMof India are entitled to practise electropathy system of medicines as stated in the order FAO No. 205/92 dt. 18-11-1998.
17. 07.10.2003 NEHM of India has also entered into Tech. Collaboration with G.B. Pant University of Agriculture & Technology, Pant Nagar, (Uttaranchal) for providing necessary assistance to grow & cultivate the seeds and medicinal plants by both the Organisations.
18. 15.11.2003 NEHM of India and its affiliated Institutes organised a National Seminar on Electropathy at Jaipur. Hon’ble Mr. Justice Shivraj V. Patil, Judge, Supreme Court of India was invited in the Seminar. While addressing the delegates, he stated that Electropathic Medicines are quicker, safer and cheaper. He further viewed that acceptance of the system by the people is the primary recognition of this system.
19. 19-11-2004 Justice Shivraj.V.Patil, Hon’ble Judge, Supreme Court of India unveiled the statue of Dr.Count Ceaser Mattei, the Founder / Father of Electropathy in the premises of NEHM of India , Janak Puri, New Delhi in the presence of Principal Secretary, NEHM of India and the Principals of its affiliated institutes functioning throughout India. On this occasion Justice Patil also gave a slogan “We must give importance of its medicines and efforts of Dr.Awasthy because he is struggling very hard with legal problems. One day the system will be come first and main system all over the world, it is my faith.”
20. 13.01.2007 Dr. R.J.Sharma, Dean , College of Veterinary and Animal Sciences, G.B.Pant University has forwarded / sent a letter to NEHM of India enclosing there with a report on the efficacy of electropathy on blood in milk syndrome in cows. The report have been found 83.3 % efficacy to control the conditions in cows having blood in milk.
21. 09.02.2007 Order of Assistant Registrar Supreme Court of India According to the decision of Hon’ble Delhi High Court in the matter of FAO No. 205/92 dt. 18.11.98 duly re-affirmed by Hon’ble Appex Court as well as Delhi Govt. that NEHM of India is entitlled to award diploma/certificate and the holders of its are entitlled to practise Electropathy Medical System on the strength thereof. 19 persons/societies whose applications have already rejected by Hon’ble Allahabad High Court, have approached the Hon’ble Supreme Court of India on the grounds of similarity with the hope that they may also be allowed to award Diploma/Certificates in Electropathy. The Assistant Registrar of the Hon’ble Appex ourt has rejected their plea with the direction that no action can be taken on the said documents as you were not party on this matter. The contents of the order is reproduced below :-
“..........With reference to your letter dt. 12th, 13th, 15th, 16th, 17th, 18th, 21st, 23rd and 25th December, 2006 and 2nd and 4th January, 2007 respectively sent by post with enclosures received in the matter above mentioned. I am directed to inform you that no action can be taken on the said documents as you were not party in this matter.”
22. 11.07.2008 Judgement of Hon’ble Appex Court (IA) dt. 11.07.2008:- Same persons/societies whose petitions have already been dismissed by Hon’ble Allahabad High Court earlier, have also filed an Interlocutory applicantion (I.A) in the Hon’ble Supreme Court of India on the grounds of similarity with the hope that they may also be allowed to award Diploma/Certificates in Electropathy. After hearing on the matter the Bench of Hon’ble Mr. Justice B.M. Agrawal and Hon’ble Mr. Justice G.S. Singhvi of the Hon’ble Supreme Court of India has dismissed the I.A. on 11.07.2008 with the direction to withdraw and move the concern High Court by filing a fresh Writ Application. The order is being re-produced as under :-
the direction to withdraw and move the concern High Court by filing a fresh Writ Application. The order is being re-produced as under :-
“Heard Learned Counsel for the applicants after some arguments, learned counsel appearing on behalf of the applicants is permitted to withdraw these applications with liberty to move the concerned High Court by filing writ application with the aforesaid observation, interlocutory application Nos. 2 and 3 are disposed of”.
23. 03.08.2009 Hon’ble High Court of Allahabad (U.P) has disposed of Writ Petition No. 31904 of 1991 directing the Union of India that the petitioner (NEHM of India) may file a fresh representation before the Ministry of Health and Family Welfare, New Delhi, bringing on record the various orders passed by various High Courts and that of the Supreme Court. If such a representation is made with regard to recognition of the course, the authority will consider and decide the matter by a reasoned and speaking order within six months from the date of the production of a certified copy of this order along with the representation. If necessary, the petitioner would be accorded personal opportunity of hearing by the respondents.
24. 17.07.2009 Hon’ble Supreme Court of India has given stay against the operation of Addl. CJM Aligarh. The practitioner / petitioner was registered with NEHM of India and has been harassed by Local Administration, Aligarh (UP).
25. 28.10.2009 As per the directions of Hon’ble High Court of Allahabad dated. 03.08.2009, NEHM of India, through the Principal Secretary, submitted representation accompanying with comprehensive data and judiciary orders related with electropathy as well as NEHM of India to the Ministry of Health & Family Welfare, Govt. of India for considering the matter of the recognition to BEMS Course run by NEHM of India, New Delhi.
26. 05.05.2010 Dept of Health Research, Ministry of Health & F.W., Govt. of India after examing the facts as well as judgements of various Courts and Supreme Court mentioned in the representation which was filed by Principal Secretary on 28-10-2009 so directed by the Hon’ble High Court of Allahabad on 03-08-2009, the ministry issued the order no. V.25011/276/2009 (HR) dt. 5th May, 2010 stating therein that there is no proposal to stop the petitioner i.e. NEHM of India from practicing in electropathy or imparting education. Further it has also been stated in the order dt. 05-05-2010 that once the legislation to recognize new system of medicine is enacted , any practice or education would be regulated in accordance with the said Act.
27. 31-08-2010 In accordance with the order / notification issued by Ministry of Health, Govt. of India dt. 05-05-2010, Hon’ble High Court of Gujrat at Ahmedabad has already passed an order on 31-08-2010 stating therein that the Central Govt order dt. 05-05-2010 is a policy decision and Govt. authorities is bound to give weightage to the same.The order is reproduced below :-
5 (ii) “The Central Govt. having taken a policy decision by its letter dt. 05-05-2010, the respondent authorities , including the Surat Municipal Corporation and the State Govt, are bound to give weightage to the same, and to act in accordance with the law and judgements of different High Courts and Supreme Court, as referred in the Central Govt. letter aforesaid.
28. 25.10.2010 In view of the policy decision dt. 05-05-2010 issued by Ministry of Health & F.W, Govt. of India & the order dt. 31-08-2010 passed by High Court of Gujrat, the Surat Municipal Corporation has issued the order stating therein NEHM of India, New Delhi organization’s degree obtained electropath’s practice and its related issued are to be kept in mind , and tackle it with reference of these orders.
29. 22-12-2010 The Judicial Magistrate F.C. Pusad has passed the order on 22-12-2010 stating therein the accused acquitted vide section 248 (1) of Cr. P.C of the offence punishable U/S 35 of Maharashtra Medical practitioner Act, 1961.
30. 11-11-2011 Ministry of Health & F.W., Govt. of India has clarified under RTI that “the recognition of new system of medicine Bill” is at present under consideration of the Government.
31. 21-01-2011
&
27-01-2011
Nodel Officer, Ramabai Nagar (UP) has informed the Chief Medical of the District through RTI stating therein that the VMSRM Med.College of Electropathy, Rasulabad, Kanpur (UP) is functiong under NEHM of India and in view of policy decision of Central Govt. dt. 05-05-2010 no action can be taken against the Institute.
32. 14-02-2011 Ministry of Health & F.W., Govt. of India has clarified through RTI that electro Homoeopathy is not yet recognized as a system of medicine. However, there is no bar on practicing electro homoeopathy or imparting education in view of the order dt. 05-05-2010 issued by this Ministry.
33. 08-03-2011 The Registrar, Delhi Bhartiya Chikitsa Parishad, Deptt. of Health & F.W., Govt. of NCT of Delhi vide his letter dt. 08-03-2011 has informed the electropath practitioner of NEHM of India that practice in electropathy is not in the purview of this parishad.
34. 19-05-2011,
19-11-2011&
07-01-2014
Dr.N.K.Awasthy approached the Governers of the State at through a letter requesting him to implement the order of Central Govt. dt. 05-5-2010 in the State on the grounds that the Central Govt. order being a policy decision and bound to the State.
35. 04-06-2011
&
22-06-2011
The Chief Medical Officer Farrukhabad has clarified that in view of the policy decision of Central Govt. dt. 05-05-2010 only NEHM of India is empowered to provide education in electropathy and the practitioners registered with it is empowered to practice in the State.
36. 06-06-2011 The Joint Secretary , Office of the Governer , Haryana has forwarded the letter to Chief Secretary , Health Deptt. Chandigarh (Haryana ) for proper action.
37. 21.06.2011 Ministry of Health, Govt. of India vide another order No. C.30011/22/2012-HR dt. 21-06-2011 has sent the policy decision dt. 05-05-2010 to Health Secretaries of all the states including UTs stating therein that the order dt. 05-05-2010 would be treated as instructions of the Govt. of India related to practice, education & research with regard to alternative system of medicine like electropathy/ electro homoeopathy etc.
38. 10-08-2011 Joint Secretary, Govt. of H.P has forwarded the policy decision of Central Govt. dt. 05-05-2010 to all CMO & DAO of the State for necessary Implementation of the policy decision.
39. 05-09-2011 The Homoeopathic Council of Haryana, Panchkula has clarified that in view of the notification of Central Govt. dt. 05-05-2010 there is no bar on practicing in electropathy.
40. 24-10-2011 On the basis of Ethics Committtee for deliberation report, the Medical Council of India has clarified that the person who is having the qualification recognise by MCI like modern system of medicine (Allopathy) as MBBS can prefix the word “Dr” before his/ her name.
41. 21-12-2011
&
26-12-2011
The Directorate of Ayush, Chandigarh administration forwarded the instructions to electropathy practitioners stating therein that the Chandigarh administration is implementing the instructions issued by the Central Govt. dt. 05-05-2010.
42. 15-12-2011
&
04-01-2012
Health & Education Deptt. Govt. of UP (Lucknow) has issued the order & implementing the policy decision of Central Govt. dt. 05-05-2010.
43. 01-02-2012 The Homoeopathic Council Haryana, Panchkula (Har) has clarified the electropathy practitioner of NEHM of India stating therein you are entitled to practice in electropathy system in view of the policy decision dt. 05-05-2010.
44. 29-02-2012 The Chief Judicial Magistrate , Ahmednagar, Maharashtra has delivered a judgement on 29-02-2012 vide which the acused is acquitted for the offences U/S 420 of the Indian Penal Code and 33 of the Maharashtra Medical Practitioner Rules 1969.
45. 15-03-2012 Directorate of Ayurveda, Shimla (HP) has clarified that Electropathy Electro homeopathy has been treated as a mode of treatment and the registered practitioners have been authorised to practice this mode of treatment in view of the Govt. of India instructions dt. 05-05-2010.
46. 17-04-2012 Directorate of Health & F.W., Govt. of Nagaland , Kohima has informed the Principal Secretary, NEHM of India that as per the direction of the Govt. of India, order dt. 05-05-2010 & 21-06-2011, the electropathy practitioner practicing in their own parameter is entitled to practice.
47. 17-04-2012 The Under Secretary , Deptt. of Health Education, Govt. of UP, Lucknow (UP) has informed the Principal Secretary of NEHM of India that the State Govt. has already implemented the order of Central Govt. dt.05-05-2010 vide letter dt. 15-12-2011 & 04-01-2012 respectively.
48. 20-04-2012 Hon’ble Supreme Court of India delivered a judgement that the Govt. is free to frame guidelines and Court cannot interfere in it. The Court cannot substitute Govt’s views on policy matters and must sit as an appellate body on Govt. decision.
49. 26-09-2011
&
30-11-2012
In a Office Memorandum Deptt. of Ayush, Ministry of Health & F.W., Govt. of India has nominated/recognized NEHM of India as CPIO for the purpose to give reply under RTI related with Electropathy medical system under endorsedment of a copy to the Ministry.
50. 29-06-2012
&
21-02-2013
Deptt. of Health Research , Ministry of Health & F.W., Govt. of India has clarified that the electropathy/ electrohomoeopathy is regulated/ governed by the Ministry of Health and Family Welfare vide order dt. 05-05-2010 & 21-06-2011.
51. 03-12-2012 Complying the instructions of Deptt of Ayush NEHM of India is furnishing the reply sought by the applicant under RTI with an endorsedment to the concerned Ministry regarding authorization of NEHM of India for promotion, development & research of electropathy medical system.
52. 12-09-2012 NEHM of India has issued a letter suggesting the electropathy practioner and public in general with regard to the authenticity of the manufacturing the electropathy medicine. It is further suggested that those who have completed five years of the registration from the date of issue from NEHM of India requires to be renewed for further period of five years.
53. 15.03.2013 National Institute of Social Defence (NISD) an autonomous Institution under Ministry of Social Justice & Empowerment, Govt. of India has given assignment to electropath practitioner of NEHM of India to complete the project on the topic “ Electropathy Medicine for constipation among elderly under the scheme of the project National Initiative on care for elderly (NICE) in the Post Graduate Diploma Course.
54. 10.12.2013 ,
06-03-2014 &
03-04-2014
NEHM of India has issued a public notice in different news paper informing all DEHM practitioners that renewal of DEHM B “Gr” registration has been stopped / baned. Therefore all DEHM / BEMS 1st year qualified persons are required to complete BEMS course in 3 consecutive semesters.
55. 25.03.2014 A PIL has been filed in the High Court of West Bengal at Calcutta with the view to restrain the operation of policy decision dt. 05-05-2010 because Electropathy practitioners of other Board not covered under the ambit / purview of policy decision dt. 05-05-2010 issued by Ministry of Health & F.W., Govt. of India. Hon’ble High Court during the debate of arguments , found that said PIL was filed by petitioner on the basis of false averments and therefore, above PIL has been dismissed with cost.

Therefore, now there is no confusion that NEHM of India is only organization is covered under the ambit / purview of policy decision dt. 05-05-2010 issued by Ministry of Health & F.W., Govt. of India.
56. 28-03-2014 Hon’ble Bombay High Court Bench at Nagpur while deciding the case in writ petitions 1630 to 1634 collectively dt. 28-03-2014 stating therein the electropathic practitioners are authorised or legally entitled to practice in the system in view of the policy decision dt. 05-05-2010 issued by Ministry of Health & F.W., Govt. of India.
57. 22.04.2014 Hon’ble High Court of Bombay Bench at Aurangabad while disposing of a case (Vidyasagar Educational and Cultural Society, Chunchale Vs State of Maharashtra & Others) has directed the respondents to pass fresh order after assigning reason either to allow the proposal of the petitioners or to reject the same. Needless to observe that, if the relevant procedure / rules permits the authority to call the petitioner for personal hearing, said authority to call the petitioner for personal hearing and take decision, as expeditiously as possible…. keeping in view of the policy decision dt. 05-05-2010 of Central Govt. duly forwarded to Health Secretaries of all States including UTs dt. 21-06-2011 by Ministry of Health & F.W., Govt. of India.
58. 08.05.2014 A petition was filed by the BEMS practitioners of NEHM of India with the view to get opportunity for the employment and practice in electropathy on the basis of the advertisement published by J & K Govt. during 2007. While disposing of the petition the Hon’ble High Court directed the respondents to take the decision within two months with regard to participate the selection process. The Hon’ble Court further directed in case the proposal is rejected and proposed posts not created, petitioners would be free to re agitate the matter.
59. 10-05-2014 NEHM of India has issued a letter informing general publlic with regard to the present status of the system as well as NEHM of India in comprision with & other (81) electropathy organisation keeping in view the policy decision ofCentral Govt. dt.05-05-2010.
60. 29.05.2014 Bombay High Court Bench at Aurangabad in a case (W.P.No….Sheikh Yasin Vs Union of India & Others ) while accepting the plea of the petitioner directed the respondents to allow the petitioner to practice in electropathy system of medicine in view of the policy decision dt. 05-05-2010 issued by Ministry of Health & F.W., Govt. of India duly forwarded on 21-06-2011 to Health Secretaries of all States including UTs.
61. 14.07.2014 Deptt. of Health Research, Ministry of Health & F.W., Govt. of India vide his letter No. V.25011/163/2014-HR dt. 14-07-2014 clarified through RTI that in so far as development & practice of Electropathy medical system by NEHM Institution is concerned, a Bill for recognition of Alternative Medical System like Electro Homoeopathy is under consideration of the Govt. of India.
61. 25-07-2014 The Judicial Magistrate 1st class, Mehkar, Distt. Buldhana, Maharashtra has delivered a judgement on 25-07-2014 vide which the accused are acquitted u/s 248 (1) of Criminal Procedure Code, for the offence punishable u/s 420, 468 & 471 R/W of the Indian Panel code and u/s 43 , 56 of Maharashtra Medical Practitioner Act.

Apart from this, there are so many important achievements have also come up in different dates which indicates that the govt. as well as judiciary has now favouring the system of electropathy and NEHM of India.

In conclusion it can be said that the electropathy / electro homeopathy has now got its interim recognition in view of policy decision dt. 05-05-2010 issued by Ministry of Health & F.W., Govt. of India which is applicable only to NEHM of India. Now recognition under legislation/ Parliamentary Act remains . Moreover , a Bill in this regard is also pending with the government for consideration. Very soon it will get recognition from the govt. under Act.

Dr. N.K. Awasthy
Chairman-Cum-Principal Secretary,
NEHM of India
Auth. Ministry of Health & F.W., Govt. of India (PDR)