"Madras High Court Ruling: AYUSH Doctors Must Obtain PNDT Act Qualification for Sonography and Pre-Natal Tests on Pregnant Women"
In a recent landmark decision, the Madras High Court has declared that AYUSH doctors are not authorized to conduct sonographies and other pre-natal diagnostic tests on pregnant women unless they possess the required qualification under the Pre-Conception & Pre-Natal Diagnostic Techniques (PNDT) Act and Rules. The ruling, which came about in the case of Tamil Nadu Ayush Sonologist Association v. Union of India, states that all doctors, regardless of their medical specialization, must meet the definition of qualified doctors as stipulated in the Central PNDT Act.
The court dismissed three writ petitions filed by the Tamil Nadu Association of AYUSH Sonologists, representing medical professionals practicing Homeopathy, Unani, Ayurveda, and other alternative forms of medicine. The petitioners argued that they held valid degrees from recognized institutions in their respective streams of medicine and that diagnostic procedures were included in their prescribed syllabi. They contended that they had completed certificate courses in ultrasonography and were fully qualified to perform diagnostic procedures and ultrasonogram techniques on pregnant women, strictly adhering to the prohibition of sex selection as outlined in the PNDT Act.
While the Central Council of Indian Medicine (CCIM) supported the petitioner association's stance, the Tamil Nadu government asserted that doctors must possess qualifications in accordance with the provisions of the PNDT Act since it is a Central Act.
Agreeing with the state's submission, the High Court noted that the PNDT Rules of 2014 mandated a specialized six-month 'level one course on Fundamentals in Abdomino Pelvic Ultrasonography' for MBBS doctors. Therefore, the members of the petitioner association must also possess the requisite qualification under the Central Rules.
The court emphasized that pre-natal diagnostic procedures were considered special treatments, and therefore, the specialized qualifications prescribed under the Central Act and Rules must be strictly adhered to by competent authorities.
Senior Advocate Nalini Chidambaram represented the petitioner Association, while Senior Panel Counsel SS Pajani Radja appeared on behalf of the respondent Government of India and the Union Ministry of AYUSH. Additional Government Pleader T Arunkumar represented the respondents State government, State Health Department, and TN Homeopathy Medical Council, and Advocate Vellaya Raj represented the respondent CCIM. Click Here to: Download/View Related File
TAGS: Madras High Court AYUSH doctors sonography pre-natal tests PNDT Act qualification Tamil Nadu Ayush Sonologist Association qualified doctors Central PNDT Act alternative medicine diagnostic procedures ultrasonography sex selection Central Council of Indian Medicine PNDT Rules specialized qualifications pre-natal diagnostic procedures Nalini Chidambaram SS Pajani Radja T Arunkumar Vellaya Raj.
