Should Ayurveda practitioners be allowed to perform surgeries? If not, can a practioner be taken to court if the patient on whom the surgery is performed dies?
Answer to these questions are expected from the Bombay High Court, which has taken up the suo-motu revision of acquittal of a Nashik-based Ayurveda practitioner in a case involving the untimely death of a youngster, Gautam More.
More was being treated by Dr Dnyanesh Nikam for piles. The doctor suggested that More undergo a surgery, which was performed on September 14, 2001. After the surgery, More’s condition worsened and he died the same night.
More’s father, Genuji lodged a complaint under sections 304A (for causing death by negligence) and 337 (for causing act endangering life) of the Indian Penal Code.
The magistrate before whom the case was tried conducted a summary trial, which is used to try offenders in petty cases. The high court said: “This is a very serious case and the accused could not have been tried in summary trial.”
Public prosecutor said that the magistrate ought to have considered that the doctor was not a surgeon. It was brought to the notice of the high court that Ayurveda practitioners were legally allowed to perform surgeries to the extent of their knowledge. The court has issued a notice to Medical Council of India and Medical Education and Drugs Department in order to ascertain the extent of knowledge of BAMS degree holders.