Madras HC : AYUSH Doctors Not Authorized To Conduct Pre-Natal Diagnostic Tests On Pregnant Women

The recent ruling by the Madras High Court clarified that AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha, and Homeopathy) doctors are not authorized to conduct sonographies and other pre-natal diagnostic tests on pregnant women unless they possess the required qualifications as defined by the Pre-Conception & Pre-Natal Diagnostic Techniques (PNDT) Act and Rules. Justice SM Subramaniam emphasized that only doctors meeting the qualification criteria specified in the Central PNDT Act, regardless of their medical practice being allopathic or any other form, can perform such diagnostic tests.

The Court dismissed three writ petitions filed by the Tamil Nadu Association of AYUSH Sonologists.

The petitioners contended that they possess recognized and valid degrees from reputable institutions in their respective fields of medicine. They asserted that diagnostic procedures were integral to their prescribed syllabus for Homeopathy, Ayurveda, and other alternative medicine courses.

Furthermore, they asserted that they had completed certificate courses in ultrasonography, making them fully qualified to conduct diagnostic procedures and employ ultrasonogram techniques on pregnant women, as long as they did not engage in sex selection before or after conception, which is strictly prohibited by the Pre-Conception & Pre-Natal Diagnostic Techniques (PNDT) Act.

The Central Council of Indian Medicine (CCIM), one of the respondents in the case, supported the petitioner Association's position and maintained that there were no barriers preventing them from performing the mentioned diagnostic procedures.

On the other hand, the Tamil Nadu government contended that doctors must meet the qualifications prescribed by the provisions of the PNDT Act, given its status as a Central Act.

In accordance with the State's argument, the High Court concurred, highlighting that the 2014 Pre-Conception & Pre-Natal Diagnostic Techniques (PNDT) Rules mandated a specialized six-month course titled 'Fundamentals in Abdomino Pelvic Ultrasonography' for all MBBS doctors. Consequently, the members of the Petitioner Association must also possess the qualifications specified in the Central Rules, the Court affirmed. The Court further emphasized that pre-natal diagnostic procedures are considered specialized treatments, necessitating strict adherence to the specific qualifications prescribed by the Central Act and Rules by the competent authorities.