Ayurvedic Doctors challenge in SC raids to seize certain western drugs

By S.S.Selvanayagam

The Supreme Court yesterday fixed for support on 2 August the fundamental rights violation petitions filed by Ayurvedic Doctors challenging the raids of their medical centres to seize certain western drugs.

The aggrieved Petitioner Ayurvedic Doctors also seeking the Court to direct the Director General as well as the Director of Health Services, Cosmetics, Devices and Drugs Authority to permit them and other qualified Ayurvedic Doctors who are members of the National Medical Foundation to prescribe, dispense and use the Western drugs/equipments.

The Bench comprised Chief Justice Shirani A. Bandaranayake, Justices K. Sripavan and P.A Ratnayake

Petitioners are Doctors Washington Nanayakkara, Srinath Senerath, T.H.H Pieris, G. Jayawardana, B.S.W Rodrigo, Nimal Jayasinghe, M.I.M Nazeer, Y.M Farook, E.M.S.Y.De Saram and D.A.Gunatilake as well as A.L Thasthaker.

They cited Director General of Health Services Dr. Ajith Mendis, the Director of Cosmetic, Devices and Drugs Authority Dr. B.V.S.H Benaragama, Indigenous Medicine Minister Salinda Dissanayake, Ministry Secretary Bandula Dahanayake, Commissioner of Ayurveda P.H.A.R Weerakoon, Minister of Health Care and Nutrition Maithripala Sirisena and the Attorney General as Respondents.

Presidents Counsel Faisz Musthapha instructed by Gowry Shangary Thavarasha appeared for the Petitioners. Solicitor General Y.Wijetilake appeared for the Respondents.

Petitioners are Ayurvedic Practitioners registered with the Ayurvedic Medical Council and with a view to advancing, promoting and safeguarding the interests of all Ayurvedic Practitioners, have formed an organisation The National Medical Foundation, with a membership of over 600 Ayurvedic Practioners.

They state the Bachelor’s Degree in Ayurveda Medicine and Surgery awarded by the University of Colombo involves a course of study for five years at the Institute of Indigenous Medicine affiliated to the University of Colombo.

They state that out of the total hours of 4895 hours, approximately 1115 hours are dedicated to the study of Modern Medicine and College of Indigenous Medicine was established in 1929 and every student is given, not merely a thorough training the practice of indigenous medicine but also the principles of western medicine and the discoveries of modern science relating to medicine.

They maintain that they in fact have gained the requisite knowledge and training to prescribe Ayurveda drugs and most western drugs.

They contend they have followed an integrated, theoretical and practical course of Ayurveda and modern medical science at the Institute of Indigenous Medicine of the University of Colombo and as such they and other Ayurveda medical practitioners with similar qualifications have gained the requisite knowledge and training to prescribe Ayurvedic drugs as well as most Western drugs.

They complain that Director of Cosmetics, Devices and Drugs Authority had entered several Ayurvedic Medical Centres and had seized certain western drugs.

They are seeking a declaration that there are imminent violation of their fundamental right to equality and equal protection of the law and the right to engage in a lawful occupation.

They are asking the Court to issue an Interim Order restraining the Respondents from entering Ayurvedic Medical Centre and seizing drugs or devices until the final determination of their petition.