The Gauhati High Court has recently admitted a Public Interest Litigation (PIL) filed by the renowned crusader against the fraud medical practitioners and quacks operating in Assam and elsewhere in the country, Dr Abhijit Neog after multiple representations to authorities failed to elicit any constructive response.

In his PIL, Dr Neog, who also serves as Chief Operating Officer at Arya Hospital and principal assessor of the National Accreditation Board for Hospitals (NABH) and an assessor for the National Quality Assurance Standards (NQAS) of the National Health Mission of the Government of India, said that he was left with no other option other than approaching high court due to failure on the part of authorities to carry out the mandate of section 31 of the Assam Medical Council Act, 1999 which provides that no person other than a medical practitioner enrolled in the register of registered practitioners shall be entitled to hold office as a physician and to practice medicine.

Pointing out that in the absence of any established procedure to successfully ascertain and identify the fake doctors, Dr Neog, in his petition, stated that an increasing number of fake doctors are masquerading as registered medical practitioners or allopathic doctors and endangering the lives of the public.

Dr Neog, who has exposed over 26 such fake doctors and quacks since 2016, has been honoured by the Indian Medical Association for his "consistent efforts" in uncovering "fake" doctors.

While IMA awarded him with its National President's Appreciation Award at its annual conference in Allahabad on December 27, 2022, the Rotary Club of Guwahati Icons and News 18 Assam North East honoured him with Northeast Healthcare &  Excellence Award 2023 for maintaining the sanctity & authenticity of Healthcare sector recently.

In his petition, praying for issuance of a writ in the nature of Mandamus and/or any other appropriate writ, the petitioner argued that malpractice is rampant across the state as the deterrents are not exemplary enough. Neog stated in its application while he has exposed several quacks, a robust procedure must be established to ensure that no one other than a registered medical practitioner is allowed to practise in Assam. Speaking to Drug Today Medical Times, Dr Neog informed that the Orissa High Court has recently directed the state's additional chief secretary in the health and family welfare department to develop a "comprehensive plan" to include a survey to ensure that every allopathic doctor practising in the state has proper qualifications.

“It becomes difficult for the people to know whether the doctor that they are seeking treatment is genuine or not, as the only identity being the signboard that a doctor puts up,” he said. “The system should ensure that there should be a mechanism by which people can confirm the identity of a doctor before presenting themselves for treatment in the first place,” Dr Neog stressed. In his petition, Dr Neog prayed that a set of steps should be taken up, including forming a district-level anti-quackery team comprised of police officers, state health department staff, and sufficiently qualified nominated public representatives; making available to the public an online database of doctors practising in Assam and sensitising & training of law enforcement employees for them to comprehend the legal ramifications of any such information received and to assess it using the data available. He also called for establishing a specialised helpline where anyone can anonymously report such masquerading as doctors.

“My experience has been that many times the informers request me that their name should not be divulged. This is an indication that people are scared or reluctant to come out in the open to combat this menace.” Admitting the PIL recently, a division bench comprising Gauhati High Court Chief Justice Sandeep Mehta and Justice Mitali Thakuria issued notices, gave three weeks to the respondents, including the Union Health and family welfare ministry, the Union Ayush Ministry and the National Medical Commission, Assam chief secretary, the state health department, the director of medical education, the medical and education research department and the ACMR.

“Orissa and West Bengal are the creators of institutes which give these degrees,” Justice Mehta observed while hearing the petition. Pointing out that the law needs to be amended and exemplary punishments so that that work as a deterrent for such people indulge in such practice, Dr Neog Said, “As per the current provisions of anti-quackery law an accused can get bail by furnishing a personal bond and the maximum fine that they need to pay is just Rs 2,000, which is too low.”

"The laws need to get updated with time,” he said.