Bombay HC Reserves Verdict On IMA Plea Against Homoeopaths Practising Allopathy

The Bombay High Court has reserved its judgment on a petition filed by the Indian Medical Association (IMA) challenging the constitutional validity of the 2014 amendments to the Maharashtra Medical Council Act and the Maharashtra Medical Practitioners Act.

The amendments introduced the Certificate Course in Modern Pharmacology (CCMP), allowing homoeopathy practitioners who complete the course to register with the Maharashtra Medical Council (MMC) and practise modern medicine.

A bench of Justices Riyaz Chagla and Farhan Dubash heard the petition, with the Maharashtra government questioning the IMA’s locus standi to challenge the provisions.

Senior advocate S U Kamdar, appearing for the IMA, argued that homoeopathy practitioners who complete the CCMP are not permitted under the Indian Medical Council Act to practise modern medicine.

The IMA contended that the State amendments were contrary to the central law and should be prohibited in India.

Advocate General Milind Sathe, appearing for the State, defended the legislation and argued that the IMA was merely a voluntary association of doctors and had failed to show any legal injury caused by the amendments.

The State also argued that the IMA had not alleged any violation of doctors’ fundamental right to practise their profession under Article 19(1)(g).

Its challenge primarily questioned the State’s legislative competence to introduce the amendments.

The government said Maharashtra has a separate registration framework and that similar provisions have existed in state legislation since 1965.

It also highlighted the distinction between central recognition of medical qualifications and registration to practise in Maharashtra.

In September 2025, the HC had refused to stay registration of CCMP-qualified practitioners with the MMC, making such registrations subject to the final outcome of the main petitions.

It had directed them not to exceed their prescribed competency and to refer patients with serious conditions to fully qualified allopathic doctors.

The bench reserved its judgment after hearing the arguments.

The Indian Medical Association (IMA) has been challenging the practice of homoeopaths practising allopathy for some time now, citing concerns over patient safety and the integrity of the medical profession.

The Maharashtra government, on the other hand, has defended the amendments, stating that they are necessary to increase the number of medical practitioners in the state.

The case has significant implications for the medical profession in India, particularly in Maharashtra, where the practice of homoeopaths practising allopathy has been a contentious issue.

The judgment of the Bombay High Court will be closely watched by the medical community and will have a significant impact on the practice of medicine in the state.

In the meantime, the registration of CCMP-qualified practitioners with the MMC will continue, subject to the final outcome of the main petitions.

The case highlights the ongoing debate over the role of homoeopaths in the medical profession and the need for clear regulations and guidelines to ensure patient safety and the integrity of the medical profession.

The judgment of the Bombay High Court will provide clarity on the issue and will have significant implications for the medical profession in India.