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Quackery is the promotion of unproven or fraudulent medical practices. "Pseudo-medicine" is a term for treatments known to be ineffective. Codes of ethics reflected the social values and class structure of the society.
Quackery is the promotion of unproven or fraudulent medical practices. "Pseudo-medicine" is a term for treatments known to be ineffective. Codes of ethics reflected the social values and class structure of the society.
Quackery is the promotion of unproven or fraudulent medical practices. "Pseudo-medicine" is a term for treatments known to be ineffective. Codes of ethics reflected the social values and class structure of the society.
MAGIC REMEDIES 1. INTRODUCTION Background of quack and magic remedies-Definition of quackery-ethics in advertising- regulation of quackery and magic remedies in India. Quackery is the promotion of unproven or fraudulent medical practices. Dictionary describes a "quack" as a "fraudulent or ignorant pretender to medical skill" or "a person who pretends, professionally or publicly, to have skill, knowledge, or qualifications he or she does not possess; a charlatan". The word "quack" derives from the archaic word "quacksalver", of Dutch origin, literally meaning "hawker of salve". In the middle Ages the word quack meant "shouting". The quacksalvers sold their wares on the market shouting in a loud voice. "Health fraud" is often used as a synonym for quackery, but quackery's salient characteristic is aggressive promotion rather than fraud, greed or misinformation. "Pseudo-medicine" is a term for treatments known to be ineffective, regardless of whether their advocates themselves believe in their effectiveness. From antiquity to the present, all societies have faced health challenges that prompted the formation of groups of healers and the development of codes of ethics to govern the treatments that they offered. As evolving entities, these codes reflected the social values and class structure of the society for which they were framed. Thus, understanding the historical evolution of codes of ethics from individual oaths that marked medical education and practice as a vocation during the pre-Christian era through prayers that demonstrated the transition to a religious avocation in Judaism, Islam and Christianity to the medieval European guilds that began the process of transforming medicine into a paid profession, we can see not only how western medical training and practice evolved but also how deeply rooted the lay and medical concerns about confidentiality, end-of-life treatment, abortion, the changing role of technology, the personal character of medical practitioners and the social status of medicine have always been. With the rise of scientific experimentation in the 17th and 18th centuries, western medicine began to claim expertise and the right to self-regulation. New standards for professional behaviour were articulated first by John Gregory and then by Thomas Percival. Their works 2
provided many American and Canadian doctors who studied in Edinburgh and London with the intellectual foundation from which to formulate formal codes of ethics when the American and Canadian medical associations were created in 1847 and 1867, respectively. Building on the belief that medicine was an altruistic calling, these codes helped to define practitioners behaviour and to create group identity. But like all previous codes, they were criticized by other healers and members of the public as efforts to constrain choice and limit competition in the medical marketplace. As medical practice shifted from the home to the hospital during the 20th century, the existing codes of ethics were altered to reflect the impact of specialty training and the increasing role of the Canadian government in funding health services. Internationally, the discovery that German and Japanese doctors undertook heinous medical experiments on captives resulted in the World Medical Association drawing up an international code of ethics to prevent such activities in future. Although national granting agencies today have stringent requirements for human experimentation, current research in the biomedical field has opened new ethical challenges for medical education and practice. Likewise, for Canada and other western nations that have government-funded health programs, the allocation of resources and the adoption of new technologies and drug treatments contributed to the revision of the CMA Code of Ethics and the creation of Medical Professionalism in the New Millennium: A Physician Charter by an international committee.
The purpose of this primer, then, is to show how each society has grappled with defining a code of ethics for its medical students and clinicians and to show why this is a never-ending task.
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2. QUACKS, DRUGS RESISTANCE AND THE URBAN POOR The urban poor face significant challenges to staying healthy. Their informal status, inadequate living conditions, and socio-economic profile mean that they fall ill frequently, and are likely to need medical care often. Given the lack of preventive treatment-seeking behaviour and the other constraints of the urban poor, it is highly likely that they approach physicians looking for cheap and fast-acting cures to their health conditions. Since the enforcement of regulations on qualified quacks is not stringent, the quacks themselves stand to lose very little if their treatments go wrong. In addition, the process of evolution of drug resistance amongst pathogens is a slow one, and it may be difficult to pinpoint the source of this development. Given that the quacks adopt an unscientific approach to allopathic treatment, the chances of them misusing medicines and failing to adopt new and better techniques of treatment are low. All this contributes to the quacks continuing their practice with impunity, unheeding of the larger risks that they are creating for the community. The urban poor face significant challenges to staying healthy. Their informal status, inadequate living conditions, and socio-economic profile mean that they fall ill frequently, and are likely to need medical care often. Given the lack of preventive treatment-seeking behaviour and the other constraints of the urban poor, it is highly likely that they approach physicians looking for cheap and fast-acting cures to their health conditions. A recent Physician and Chemist census that covers 120 cities in India has found that a large proportion (22%) of the doctors practicing in urban India may not hold an MBBS (Bachelor of Medicine, Bachelor of Surgery) degree, the basic minimum qualification needed to practice allopathic medicine in India and across the world. These doctors may instead have degrees in alternative medicine such as Ayurveda or Homeopathy, but may still be practicing modern (allopathic) medicine in spite of not being authorized or trained to do so. The census divides quacks amongst three categories quacks with no qualifications at all; practitioners of Indian Medicine (Ayurveda, Siddha, Tibb, Unani), Homeopathy, Yoga and Naturopathy, commonly grouped under AYUSH, who are not qualified to practice modern medicine (allopathy) but are doing so; and lastly, practitioners of so-called integrated medicine such as electro-homeopathy, indo-allopathy etc, terms which are not recognized under Indian law. The second and third category of quacks may have some basic training in healing and medicine. 4
The quacks with no qualifications at all are often the ones with makeshift shops that are little more than a tent or a piece of cloth spread on the ground, set up in close proximity to areas frequented by the urban poor, such as on pavements, at the corners of busy roads, market places, near public toilets, etc. While they claim to be traditional healers, it is likely that they rely on a combination of superstition and placebos to treat the health problems of their patients. They also rely on frugal innovation to relieve their patients symptoms- such as using industrial glue to stick replacement teeth into the mouths of their patients.
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3. LAWS REGULATING QUACK IN INDIA IPC: 416- CHEATING BY PERSONATION. A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is. IPC: 417- PUNISHMENT FOR CHEATING. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. IPC: 418- CHEATING WITH KNOWLEDGE. Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. IPC: 419- PUNISHMENT FOR CHEATING. Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. IPC: 23, 24, 25 WRONGFUL GAIN, DISHONESTY, FRADULENCY IPC: 44INJURY IPC: 269, 270NEGLIGENCE ACT & MALIGNANT ACT.(LIKELY TO SPREAD INFECTION OF DANGEROUS DISEASE ). Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both. IPC: 336,337,338- act endangering life or personal safety, causing hurt and causing grievous hurt and Indian medical council act1956- section 15 & section 25. Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for term which may extend to three months, or with fine which may extend to two hundred and fifty rupees, or with both. Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either 6
description for term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
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4. DRUG ADVERTISEMENT AND LAW Drugs and magic remedies Act- Importance of commercial advertising- some aberrations in advertising-need to regulate advertising-constitutionality of the provisions of the Act Before the English medicine entered, India only knew about ayurvedic medicine for the cures of all possible ailments. An ayurvedic doctor then was called as a sage who used to do research on the medicinal plants. No one actually knew what kind of medicine was used on them. However, it is known that that ayurvedic medicine was given only to protect an individual and had no intention of business. Till now, only advertising of medicines was not allowed. After the amendment comes out, advertisement of false treatment modules will also be banned. People have started to openly advertise cures for untreatable diseases. The ministry does not want citizens to be taken for a ride by such quacks. The amendments should be through in the next six months." For example one swami, yoga guru Baba Ramdev, promised a cure for dreadful diseases like cancer and AIDS. On the other Hand the Drugs and Magic Remedies Act states that no medical practitioner should give a claim for cure. So, the ministry issued several notices to Baba Ramdev for these claims. The amendment would seek to curb similar advertisements, officials said. The penalty has been enhanced. Examples and instances of Misleading Advertisements include Promise to cure horrible diseases like cancer and AIDS while Drugs and Magic Remedies Act states that no medical practitioner should give a claim to cure for such diseases as specified in the Schedule under section 3. A medical practitioner advertising his clinic and claiming that he offered a definite cure for epilepsy; Indian Medical Association (IMA) in this case declared him a fraud based on the findings of the committee that he was giving his patients lethal drugs in high doses. Then following a complaint from a Consumer, Advertising Standards Council of India (ASCI) held that advertisement violated the Drugs and Magic Remedies (Objectionable Advertisements) Act. Yet, the practitioner continued to advertise and the drug control departments failed to act, resulting in thousands of consumers falling into the false advertisements. 8
In another case a Young girl, having a short height, caught attracted to wards an advertisement that promises to convert a dwarf into tall and, promised her that she would gain 10 cm in six months through surgery. The so-called correction surgery left her confined to bed. India is the land of spiritualist of babas and sadhus. There has not been a law specifically to prosecute those making false spiritual claims and deceive people. LACUNA IN LAW However, in the present scenario the law is somewhat out modeled and outdated. While it prohibits misleading health claims in the print media; it has no provision to tackle the advertisements that may appear on the television or the internet. That there has not been a law specifically to prosecute those who makes false spiritual claims and deceive people. As such there is an immediate need for not only to formulate a strict law but also of a strict vigil on the various claims made by unscrupulous practitioners about their claims for curing different ailments and to punish the defaulters accordingly. AMENDMENT REGARDING BLACK MAGIC On 13th December, Congress Government finally passed the anti-Hindu, anti-superstitions Bill on the basis of vicious majority, throttling opposition parties; however, few amendments were carried out in the said Bill. Many MLAs from opposition parties were not given a chance to say anything; also, Minister for Social Justice did not give satisfactory replies to their queries and the Bill was pushed ahead. MLAs from Shiv Sena and BJP, therefore, created ruckus in the House which led to adjourning the House for half an hour. After 2 days of discussions, the Bill was finally passed on 13th December. The proposal put up by Opposition parties to refer the Bill to Joint Review Committee, was dismissed with majority and amendments suggested by ruling party were carried out. The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013is a criminal law act for the state of Maharashtra, India, originally drafted by anti-superstition activist and the founder of Maharashtra Andhashraddha Nirmoolan Samiti (MANS), Narendra Dabholkar (1945- 2013) in 2003. The act criminalises practices related to black magic, human sacrifices, use ofmagic remedies to cure ailments and other such acts which exploit people's superstitions. 9
The bill was initially promulgated as an ordinance on 24 August 2013, four days after the assassination of Dabholkar. The bill was formally introduced in the winter session of Maharashtra Legislative Assembly in Nagpur in December 2013.
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CONCEPT OF MEDICAL QUACKERY IN US, ENGLAND AND ASIA One of the oldest of medication that has been prevalent in the ancient world for thousands of years is "Alternative Medicine". The concepts of alternative medicines were mentioned in the ancient scriptures of India, China, Egypt and almost all ancient civilizations of the world. Historical evidences tell though the names of the various alternative medicines differed, the procedure of making and mixing them was one and the same. The concept of alternative medicines and medications prevailed in both the eastern and western part of globe. Today, alternative medicine is still practiced in countries such as India and China.
Alternative Medicine in the East The culture and traditions of Asian countries are known as eastern culture. The history of alternative medicine in Asia indicates a strong presence and practice in countries such as China and India for almost 6,000 years.
In India, the alternative medicines were known as Vedic medicines or Ayurveda. Ayurveda has been practiced for thousands and thousands of years and is still in practice. The aim of Ayurveda medicine is balancing the harmony of mind, soul and body.
Ayurveda is an alternative medicine made from herbs, certain vegetables, fruits and natural minerals. There are historical evidences that surgeries were also performed as part of Ayurvedic treatment in olden days. Ayurveda prescribes alternative medicines for curing common cold, stroke and paralysis and certain mental diseases.
In China, alternative medicine was practiced for centuries and its concept is based on Taoist philosophy. The practice of alternative medicine in China that also spread to Japan and Korea is known as Oriental branch of alternative medicine. The two schools that contributed to the practice of alternative medicine and therapies are "Jinfang" and "Wenbing". You must be aware of the term "acupuncture". This originated in China and is used to treat various orthopedic and neurological ailments and is popular even today. Chinese treated the human mind and the body and not the disease. They believed a strong human body could never fall sick.
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Alternative Medicine in the West
In the western world, alternative medicine is divided into European alternative medicinal practice and American therapy. In Europe, both professional physicians and peasant folks practiced alternative medicines. The alternative medicine was practiced in Europe as herbalism, hydrotherapy using water and naturopathy. These alternative medicines have been practiced for almost 2,000 years.
The concept of naturopathy evolved in Europe and is popular even today. This alternative medicine gives importance to good nutritional supplements along with ample sleep and rest. They also included herbal medicines as a part of the treatment for various diseases.
A German doctor Samuel Hahnemann introduced homeopathy in the 19th century. This alternative medicine is effective in treating various ailments and disorders including mental illness.
Alternative medicine therapies were practiced in American continent also. A health movement known as "herbalism" prevailed in this continent around 500 years ago. Various herbs and plant extracts were used to make potions and concoctions to cure various ailments. Researches and studies reveal alternative medicines have no side effects like the Allopathic medicines and therapies. Alternative medicines and therapies are gaining importance today.
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CASE LAWS HamdardDawakhana (WAKF) LalKuan, Delhi v. Union of India, [SCR 1960 (2) 671] The Court in this case dealt with advertising of prohibited drugs and commodities. The Court was principally dealing with the right to advertise prohibited drugs, to prevent self- medication and self-treatment. It is in no doubt true that some of the observations referred to above go beyond the needs of the case and tend to affect the right to publish all commercial advertisements. A Constitution Bench of this Court held that an advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. It assumes the attributes and elements of the activity under Art. 19(1) which it seeks to aid by bringing it to the notice of the public.
When it takes the form of a commercial advertisement which has an element of trade or commerce it no longer falls within the concept of freedom of speech for the object is not propagation of ideas social, political or economic or furtherance of literature or human thought; but as in the present case the commendation of the efficacy, value and importance in treatment of particular diseases by certain drugs and medicines. In such a case, advertisement is a part of business and it was being used for the purpose of furthering the business of the petitioners and had no relationship with what may be called the essential concept of the freedom of speech. It cannot be said that the right to publish and distribute commercial advertisements advertising an individuals personal business is a part of freedom of speech guaranteed by the Constitution. The Court came to the conclusion that the sale of prohibited drugs was not in the interest of the general public and as such could not be a speech within the meaning of freedom of speech and expression under Article 19(1) (a) of the Constitution. The Court further held in the said case that an advertisement is no doubt a form of speech but its true character is reflected by the object for the promotion of which it is employed. HamdardDawakhanas case was considered by this Court in Indian Express Newspapers (Bombay) Private Ltd. &Ors. etc. etc. vs. Union of India, 1985(2) SCR 287 herein, the Parliament of India enacted a statute that was aimed at controlling advertisements of drugs in some specified cases [Drugs and Magic Remedies (ObjectionableAdvertisements) Act 13
(1954)]. Purpose of the act was to prevent objectionable andunethical advertisements in order to discourage self-medication and self treatment. Theconstitutionality of this Act was challenged by the plaintiff on the grounds that itrestricted his right to freedom of speech and expression unfairly, in contravention of Arts19(1)(a) and Art 19(2) and also that it violated his rights to carry on business because therestrictions were allegedly in contravention of Art 19(1)(g) . The Judgment: The Bench that decided the case acknowledge that advertisement was no doubt a form of speech but that its true character is detected by the object for the promotion of which it is employed. The judgment acknowledged that advertisements acquire some, but notall, elements of speech or expression intended for protection by Art 19(1)(a) by bringing to the notice of the public. The activity or product or service that it seeks to publicize [the right to disseminate and receive information that Art 19(1)(a) recognizes in certain cases]. But the judgment goes onto to state that the content and intent of the advertisement is extremely important when deciding whether it deserves protection under Arts 19(1)(a) and 19(2).When it (advertisement)takes the form of a commercial advertisement which has an element of trade and commerce, it no longer falls within the concept of freedom of speech, for the object is not propagation of ideas, social political or economic, or furtherance of literature or human thought, but the commendation of the efficacy , value and importance of certain goods. This statement forms the crux of the judgment and encapsulates the legal position occupied by commercial speech when it comes to protection under Art 19(1)(a).The judgment iterated that advertisements prohibited by the impugned Act relate to trade and commerce and not the propagation of ideas and that advertising of prohibited drugs and commodities of which the sale is not in the interest of the general public cannot be speech within the meaning of Art 19(1)(a). The observations in Hamdard Dawakhanas case to the effect that advertising by itself would not come within Article 19(1) (a) of the Constitution, were explained by this Court in Indian Express Newspaperss case in the following words: The main plank of that decision was that the type of advertisement dealt with there did not carry with it the protection of Article 19(1) (a). the court finally opined that all commercial advertisements cannot be denied the 14
protection of Article 19(1) (a) of the Constitution merely because they are issued by businessmen. The combined reading of HamdardDawakhanas case and the Indian Express Newspaperss case leads us to the conclusion that commercial speech cannot be denied the protection of Article 19(1) (a) of the Constitution merely because the same are issued by businessmen. Advertising is considered to be the cornerstone of our economic system. Low prices for consumers are dependent upon mass production, mass production is dependent upon volume sales, and volume sales are dependent upon advertising. Apart from the lifeline of the free economy in a democratic country, advertising can be viewed as the life blood of free media, paying most of the costs and thus making the media widely available. Without advertising, the resources available for expenditure on the news would decline, which may lead to an erosion of quality and quantity. The cost of the news to the public would increase, thereby restricting its democratic availability.
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CONCLUSION This is a case that plays out the adage, A little knowledge is dangerous. A disproportionate part of the costs due to drug resistant microbes will be shouldered by the economically weaker sections, and slum dwellers are a high-risk group because of the density of the slums. However, the effects of this phenomenon are also likely to spread to those better off by dint of the slum dwellers being an integral part of a city, and providing goods and services to all other socio-economic classes. It is time that the privileged also take the threat of drug resistance seriously and use their influence to galvanize action, even if it is for the selfish reason of their own well-being and that of their childrens.
Black magic has traditionally referred to the use of supernatural powers or magic for evil and selfish purposes. With respect to the left-hand path and right-hand path dichotomy, black magic is the malicious counterpart of benevolent white magic. In modern times, some find that the definition of "black magic" has been convoluted by people who define magic or ritualistic practices that they disapprove of as "black magic". Like its counterpart white magic, the origins of black magic can be traced to the primitive, ritualistic worship of spirits