NEW DELHI, June 5: The controversy generated over Baba Ramdev recently attacking the allopathic system of medicine and the Indian Medical Association reciprocating leading to legal wrangling was sought to be set at rest by a Delhi court dismissing the suit while asking the IMA chief Dr Johnrose Austin Jayalal, who happened to be a Christian, not to use the organisation’s platform for propagating any religion.
The suit was filed by one Rohit Jha who alleged that under the shield of IMA, Jayalal was misusing his position and misleading the nation and people to convert Hindus to Christianity. Citing articles and interviews of Jayalal, he sought a direction from the court to restrain the IMA chief from writing, speaking in the media, or publishing any content that is defamatory to Hindu religion or Ayurveda.
The suit was filed soon after the controversy broke out over the Yoga guru launching scathing attack on allopathy in a bid to propagate his ayrvedic medicine “Coronil” as the panacea for the Covid pandemic and the IMA petitioning even the prime minister Narendra Modi for registering a case of sedition against Baba Ramdev. The petitioner had viewed Jaylal’s attack on Baba Ramdev as an affront against Hinduism.
While dismissing the suit against Dr Jaylal for allegedly starting a defamatory campaign against Hindu religion, Delhi’s Additional Sessions Judge Ajay Goel quoted Iqbal’s famous couplets “Saare Jahan se Achha, Hindustan Hamara,” to drive home the point about the “beauty of secularism” and said “no injunction is required to be passed on the assurance given during arguments by defendant (Jayalal) to the court that he shall not indulge in such kind of activity.”
Dr J A Jaylal was nominated as president of the IMA, the largest council of health professionals in India, in December 2020.
The court observed, “Secularism is fundamental aspect of our Constitution and the duty to keep aspect of secularism alive in India does not rest on any one community but is cumulative efforts of all Indians.” It said freedom to profess one’s own religion was an integral part of Constitution with respect to other religions as well.
“Exclusivism or preference of one religion over others by State or public functionaries or private bodies, while discharging public functions, strikes at the very root of the fundamental values of our Constitution, namely, secularism,” Goel said. “It negates neutrality promotes discrimination and denies equal treatment. The exclusive promotion of a particular religion by an institution defies the secular character of the Constitution and denies the constitutional value and morality.”
The court said “it becomes bounden duty of every Indian to honour the religion of each other.” It said, “Nobody should overreach by allowing, by forcing, by creating such circumstances which imply forced consent or in a way attempt to lure.
The judge said it would be a most inaccurate assertion that Christianity and Allopathy were the same and was the gift by western world. Quoting from scriptures, the court said “Sushrata who was an Indian was considered God of Surgery and surgery is integral aspect of Allopathy.”
Dr Jayalal’s lawyers had argued in court that he was “not against ayurveda but is against mixopathy.”
“Though the controversy regarding ayurveda and allopathy has been raised, this court is not inclined to further comment upon the same,” the ASJ said. “Every form of treatment is important, having its own benefits and drawbacks depending upon circumstances…Albeit, any kind of unguarded or loose comment cannot be expected from anybody chairing the responsible post. IMA is prestigious institution whose aims and objectives are meant for the welfare of doctor and other related aspects. Such a platform cannot be used to propagate any individual’s views on any religion,” the court said.
(Manas Dasgupta)
