'Doctor', 'Dr' not exclusive to medical professionals: Kerala HC
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Kochi (PTI): The Kerala High Court has dismissed pleas moved by medical professionals against the use of 'Dr' by physiotherapists and occupational therapists, saying the National Medical Commission (NMC) Act does not provide for use of the prefix by MBBS graduates.
Justice V G Arun said that the word 'doctor' was initially used for referring to someone who had achieved the highest level of learning and had received licence to teach in fields like theology, law and philosophy.
The court said that the term doctor originally meant a learned person qualified to teach, but gradually, with the advancement of medical science, university trained physicians -- holders of degrees in medicine -- began to be called doctors.
"Therefore, the contention that the title 'doctor' exclusively belongs to medical professionals is a misconception since even now, like in the olden times, persons with higher educational qualifications like PhD are entitled to use the title 'doctor'," the court said.
It further said that the NMC Act does not contain any provision for conferring the title doctor on qualified medical professionals.
The court also said that the expression title used in section 40 of the Kerala State Medical Practitioners Act cannot be understood as statutorily entitling the qualified medical professionals to prefix 'Dr' to their names.
"In the absence of such provision, the petitioners (doctors) cannot claim exclusive right to use the prefix 'Dr'," the court said.
It also declined to read down the provisions of the National Commission for Allied and Healthcare Profession (NCAHP) Act, 2021, so as to confine the scope of discharge of professional services by physiotherapists and occupational therapists as a supporting group for the qualified medical professionals registered under the NMC Act.
The court said it would be inappropriate to "tinker" with the policy of the central government or read down the provisions of the NCAHP Act or the Competency Based Curriculum for Physiotherapy and Occupational Therapy at the instance of a few medical professionals.
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Delhi court acquits activist Medha Patkar in defamation case filed by LG V K Saxena
New Delhi (PTI): A court here on Saturday acquitted social activist Medha Patkar in a criminal defamation case filed by Delhi L-G V K Saxena, saying the prosecution failed to prove that she made the alleged defamatory statements during a television programme in 2006.
The complaint was filed by Saxena, then president of the National Council for Civil Liberties, alleging that Patkar had defamed him during a TV programme.
Judicial Magistrate First Class Raghav Sharma, while hearing the case, said the complainant had failed to produce legally admissible evidence to establish that Patkar had made the impugned statements.
According to the complaint, Patkar had allegedly claimed during the programme that Saxena and his NGO had received civil contracts connected with the Sardar Sarovar project, an allegation Saxena denied and termed defamatory.
The court said the material on record showed that Patkar was not a panellist on the programme and that only a short pre-recorded video clip of her was played during the telecast.
"It is important to note that neither the reporter who actually recorded the audio-video nor any person who had seen the accused making the impugned statements has been examined as a witness.
"It is also crucial to note that the clip played in the programme/show appears to be only a very short clipping from an interview or press conference of the accused," the judge said.
The court noted that to establish anything in the case, it is essential to produce the entire video and audio of the press conference before the court about the alleged defamatory remarks given by the accused.
"Without examining the entire clip or footage of that interview, no determination can be made regarding the speech of the accused," the judge said.
The court said that Saxena failed to place on record the original video footage or the recording device that allegedly captured the defamatory remarks, and as a result, the statements attributed to Patkar could not be established.
"The only document capable of proving that the accused made the impugned statements would be the original electronic device in which such statements were recorded," the court said, adding that neither the device nor a valid secondary copy was placed on record.
The case was filed before a court in Ahmedabad. It was transferred to Delhi in 2010 on the orders of the Supreme Court.
In the absence of legally admissible evidence proving publication of defamatory statements by Patkar, the court acquitted her of the charge under IPC Section 500 (defamation).
In August 2025, in a separate defamation case filed by VK Saxena, the Supreme Court confirmed Patkar's conviction ordered by the trial court and set aside a penalty of Rs 1 lakh imposed on her in the case.
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