Section 34 of The National Commission for Homoeopathy Act, 2020.
- (1)No person other than a person who is enrolled in the State Register or the National Register, as the case may be,shall--
- (a)be allowed to practice Homoeopathy as a qualified practitioner;
- (b)hold office as a physician or a surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon, as the case maybe;
- (c)be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;
- (d)be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the Indian Evidence Act, 1872 (1 of 1872) on any matter relating to Homoeopathy: Provided that the Commission shall submit a list of such practitioners to the Central Government in such manner as may be prescribed: Provided further that a foreign citizen who is enrolled in his country as a practitioner of Homoeopathy in accordance with the law regulating the registration of such practitioners in that country may be permitted temporary registration in India for such period and in such manner as may be specified by regulations.
- (2)Any person who acts in contravention of the provisions of this section shall be punished with imprisonment for a termwhich may extend to one year, or with fine which may extend to five lakh rupees, or with both.
- (3)Nothing contained in sub-section (2) shall affect,--
- (a)the right of a person enrolled on a State Register as practitioner of Homoeopathy to practice in any State merely on the ground that he does not possess, as on the date of commencement of this Act, a recognised medical qualification in Homoeopathy;
- (b)the right of a person who has been practicing Homoeopathy for not less than five years in a State, to continue to practice in that State in which a State Register of Homoeopathy is not maintained as on the date of commencement of this Act.
Summary
- Only people whose names are properly entered in a State or National Register are allowed to practice homoeopathy, hold medical office, or sign official medical certificates.
- Only registered practitioners can give expert evidence on homoeopathy in a court of law.
- Practicing without being registered is a serious offence, punishable by up to one year in prison, a fine of up to five lakh rupees, or both.
- Foreign citizens already registered in their home country can be granted a temporary registration to practice in India for a specific period.
- A special exception protects older practitioners, allowing them to keep practicing in states that did not maintain a State Register when the Act began, provided they had already practiced there for at least five years.
Practical examples
FAQ
1. Can anyone call themselves a homoeopathic physician?
No, you cannot hold office as a physician or practice homoeopathy unless you are enrolled in the National or State Register.
2. What happens if I practice without being registered?
You can face up to one year of imprisonment, a fine of up to five lakh rupees, or both.
3. Can a registered homoeopath testify as a medical expert in a criminal trial?
Yes, being enrolled gives you the legal right to give evidence as an expert in a court of law.
Test yourself
Q1.Under Section 34 of The National Commission for Homoeopathy Act, 2020., what is the maximum financial penalty for a person practicing homoeopathy without being enrolled in the register?
Q2.Under Section 34 of The National Commission for Homoeopathy Act, 2020., which cross-references Section 45 of the Indian Evidence Act, 1872, what condition must a homoeopath meet to legally give expert evidence in a court of law?
Q3.Under Section 34 of The National Commission for Homoeopathy Act, 2020., how are foreign citizens who are registered practitioners in their home countries accommodated?
Q4.Under Section 34 of The National Commission for Homoeopathy Act, 2020., what exception is made for an unregistered person who has been practicing in a state without a State Register as of the Act's commencement?