T.N. Ayush Sonologist Association files writ appeal against single judge’s refusal to let its members perform ultrasonograms on pregnant women

Madras HC orders notices to Cen & TN govt officials on writ appeal by TN Ayush Sonologist Assoc. against single judge's verdict denying degree-holders in Indian systems of medicine right to perform ultrasonogram/ultrasound techniques on pregnant women. Senior Counsel Nalini Chidambaram argued that graduates in Indian systems of medicine can perform such procedures as long as they don't involve sex determination. NCISM also stated that BAMS, BUMS, & BSMS courses cover basics of ECG, USG, X-ray, CT scan, & MRI, thus allowing graduates to perform ultrasonogram techniques.

The Madras High Court on Thursday ordered notices to Central and T.N. government officials on a writ appeal filed by the Tamil Nadu Ayush Sonologist Association against a single judge’s verdict in May that degree-holders in Indian systems of medicine such as Ayurveda, Unani, Homeopathy, Siddha and Naturopathy were not entitled to carry out ultrasonogram or ultrasound techniques and related diagnostic procedures, on pregnant women.

The First Division Bench of Chief Justice S.V. Gangapurwala and Justice P.D. Audikesavalu, ordered notices, returnable by September 25, to the Union Ministry of Health and Family Welfare, Ministry of AYUSH, Central Council of Indian Medicine, Director of Medical and Rural Health Services and the Tamil Nadu Board of Indian Medicine among others. Senior Counsel Nalini Chidambaram appeared on behalf of the appellant association and assailed the verdict of the single judge.

Dismissing the association’s writ petition pending in the High Court since 2017, Justice S.M. Subramaniam had held that the graduates in Indian systems of medicine could not be permitted to perform ultrasonogram and ultrasound techniques on pregnant women since they had not been authorised to do so under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act of 1994.

However, Ms. Chidambaram contended that there would be no harm in permitting members of the petitioner association from performing such procedures as long as they do not involve themselves in sex determination. She said, the National Commission for Indian System of Medicine’s too had stated that syllabus of BAMS, BUMS, and BSMS courses cover the basics on ECG, USG, X-ray, CT scan, and MRI and therefore these graduates could be allowed to perform ultrasonogram techniques.