The Council has cited Section 30 of the Delhi Bharatiya Chikitsa Parishad Act, 1998, and said "crosspathy" is punishable under the law. The provision of the Act states, "false assumption of medical practitioner under this Act to be an offence. Any person who falsely improvises that he is a practitioner… and practises Bharatiya Chikitsa (Indian System of Medicine), shall be punishable with rigorous imprisonment of up to three years and a fine of up to Rs 50,000".
However, ayurvedic drug manufacturers and many doctors have opposed the move saying when OTC drugs can be purchased freely from retailers, there is no reason why they cannot be prescribed or recommended by a learned doctor. The industry has written to the health ministry as well as the department of ayurveda, yoga and naturopathy, unani, siddha and homoeopathy (AYUSH) raising concerns about the DMC's directive.
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"The DMC order is creating confusion. We have asked the government to bring clarity on what is a prescription product and what is not. If OTC products can be sold through a retailer, why can it not be recommended by a doctor?" asks Philipe Haydon, chief executive officer, Himalaya.
Renowned cardiac surgeon and chairman and managing director of Gurgaon's Medanta, Naresh Trehan, said the order does not make any sense because ayurvedic medicines are OTC products and do not require any prescription at all.
Although most ayurvedic drug manufacturers have chosen not to advertise their pharmaceutical and baby-care range despite being in the OTC category, products such as Liv52, Cystone, Isabgol and others have become increasingly popular brands over the years, driven by doctors' prescription. Even products in the babycare range such as Baidyanath's Gripe Water and Janma Ghunti are often prescribed by modern medicine doctors, especially paediatricians. For instance, Liv52, prescribed routinely to patients with hepatic disorders, is among the top 20 OTC brands sold in the country. The ayurvedic drugs clocks sales of about Rs 200 crore annually.