Plea in Supreme Court Seeks RMP Status for AYUSH Doctors

The Supreme Court of India has issued notices to the Union Ministries of Law, Health & Family Welfare and AYUSH on a public interest litigation (PIL) seeking to recognise AYUSH doctors as “Registered Medical Practitioners” (RMPs) under Indian law, on par with allopathic medical practitioners.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi took up the matter and asked the concerned ministries to respond to the PIL filed by law student Nitin Upadhyay, represented by advocate Ashwini Upadhyay. The petition challenges provisions of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, which regulates medical and drug-related advertisements. It seeks a directive to declare that AYUSH practitioners – including those practising Ayurveda, Homoeopathy, Unani, and other recognised indigenous systems – be included within the Act’s definition of “registered medical practitioners” under Section 2(cc). The plea argues that because AYUSH doctors are currently excluded from certain exceptions under the Act, they face a blanket prohibition on advertising lawful treatments for serious ailments, leading to public ignorance of available therapeutic options. It describes the law as outdated and not reflective of contemporary scientific understanding and healthcare practices.

Additionally, the petition calls upon the Court to direct the Centre to constitute an expert committee to review and update the Act’s schedule in light of present-day scientific developments and evidence-based medical knowledge.

During the hearing, Chief Justice Surya Kant engaged with counsel in a light-hearted exchange over the petitioner’s age, underscoring the bench’s informal curiosity about the petitioner’s motivation.

The case is now pending as the Supreme Court awaits responses from the Union ministries to the issues raised in the PIL.