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Ayurveda is among the oldest systems of medicine in the world and has established its presence as part of the modern health care (HC) system, especially within the context of HC governance. Over the past few decades, there has been a significant increase in the formalisation (i.e., institutionalisation) of Ayurvedic practice in India through regulation, educational reform, and incorporation into public health programs, which has raised several important issues relating to patient safety, professional accountability, and quality of HC. While public trust in Ayurveda is high, as is political support for it, there are continuing concerns about issues such as: informed consent; false or misleading evidence for therapeutic benefit; standardisation of treatment protocols; and liability for malpractice. This article reviews the existing legal and regulatory framework applicable to Ayurveda in India, with a focus on comparing it to a sample of other approaches to regulating traditional or complementary medicine internationally. This research uses a doctrinal and comparative policy analysis to assess the effectiveness of current laws, professional regulatory systems, and ethical guidelines for protecting patients. The article also examines how the National Commission for the Indian System of Medicine, consumer protection laws, and the development of health care law have influenced accountability in the practice of Ayurvedic medicine. The study concludes that Ayurveda’s future legitimacy will depend on its continued reliance on its traditional foundation and its ability to meet the current expectations for transparency and evidence-based practice, informed consent, and patient-centred care. The article ends with a proposal for reforms to strengthen the regulatory framework while maintaining the cultural and therapeutic values associated with traditional healthcare systems.
KEYWORDS:
Ayurveda, Healthcare Regulation, Patient Protection, Medical Ethics, Legal Governance,
Traditional Medicine, AYUSH, Professional Liability
The use of traditional forms of medicine is an important aspect of health care systems around the
world and the World Health Organisation (WHO) recognises that traditional and complementary
forms of medicine are key components of health care systems in many countries, especially
developing areas in which availability and cultural acceptability have a considerable bearing on
health care choices. Ayurveda, one of the many forms of traditional healthcare, is considered to be
one of the most comprehensive and longstanding forms of medical treatment.
India has made extensive efforts to develop and regulate Ayurvedic practice through legal and
regulatory organisations, quality of education requirements, licensing criteria and integration with
the public health care system. Although there continues to be widespread interest and use of
Ayurvedic medicine, the rapid growth of the Ayurvedic market and services has shown deficiencies
in the regulatory oversight of medical and therapeutic products, ethical compliance and safety and
protection of patients. There are increasing and significant demands for legal scrutiny regarding
issues related to the professional negligence of practitioners, informed consent policies, advertising
standards and testing for scientific validation of practitioners of Ayurvedic medicine.1
This article examines whether the existing legal framework adequately protects patients while
facilitating the growth of Ayurveda as a recognised healthcare system.
To examine the legal framework governing Ayurveda in India.
To evaluate ethical accountability mechanisms applicable to Ayurvedic practitioners.
To compare Indian regulatory approaches with selected international models.
To assess challenges relating to patient protection and professional liability.
To propose policy reforms for strengthening regulatory governance.
The most recent literature has shown that there is a move from a system of regulating Ayurveda
strictly through education and professional registration. This new governance system consists of
four elements: patient safety, ethical accountability, quality assurance, and evidence-based
healthcare delivery. Most of the previous regulatory systems focused on the credentialing of
practitioners and standardising educational curricula; however, the current healthcare governance
model requires the use of legal mechanisms to ensure transparency, clinical competence,
accountability, and protection of patients’ rights. In addition, this movement reflects the increasing
integration of Ayurveda into national health systems and the increasing expectation that all forms
of traditional health care will conform with internationally recognised principles of professional
regulation and clinical governance.2
The WHO Benchmarks for the Practice of Ayurveda (2022) mark an important point in the
development of Ayurveda. They establish internationally acknowledged minimal competency
requirements for Ayurvedic practitioners, healthcare facilities and infrastructure; Medicaid records
or similar clinical documentation; informed consent from patients; patient confidentiality; a written
referral process; and regulatory oversight of this practice. The Benchmarks provide guidelines for
the integration of traditional medical practices with modern legal and ethical standards, while also
protecting and preserving Ayurvedic principles. The NCISM Act of 2020 has also strengthened
regulatory governance of all systems of medicine in India, including Ayurveda, through the
promotion of competency-based education, institutional accreditation, standardised professional
practices, and more accountable delivery of Ayurvedic healthcare.
The most current evidence supports the need for accountability through professional ethics in the
regulation of Ayurveda. The latest research demonstrates that professional ethics should include
both traditional values as well as aspects of contemporary professional ethics such as: informed
consent, patient autonomy, confidentiality, appropriate documentation, responsible prescribing,
and compliance with defined standards of care. Additionally, pharmacovigilance, quality control
of Ayurvedic products, adverse event reporting, and evidence-based clinical practice guidelines
are now viewed as important tools to enhance patient safety and build confidence in Ayurveda. As
stated in recent policy analyses, key components to improving the governance of Ayurveda include: implementing mandatory accreditation, using electronic patient records, having
standardised clinical practice guidelines, developing a mechanism for ongoing professional
education, having strong systems for monitoring the safety of medications, being non-partisan
when handling disciplinary procedures, and having credible legal systems to provide oversight.3
This study adopts a doctrinal and comparative legal research methodology. Primary sources
include statutory enactments, governmental regulations, judicial decisions, and policy documents.
Secondary sources include scholarly articles, books, reports of international organisations, and
academic commentaries. Comparative analysis is undertaken with regulatory frameworks
governing traditional and complementary medicine in selected jurisdictions including China, the
United Kingdom, and Australia.
The regulation of Ayurveda as a formal body has undergone many changes from when Ayurveda
was first recognised by colonists/colonial governments as an indigenous form of medicine to a
contemporary statutory regulatory framework. The government has developed several
initiatives since 1947 encouraging the development of a code of ethics to protect traditional
knowledge-based systems while still providing for the regulation, standardisation, and
professionalisation of Ayurvedic and other traditional healing systems.
There has been substantial reform to Ayurvedic governance with the National Commission for
Indian Medicine Act 2020. The statute streamlined previously existing regulations; this
act created standards for education, licensure as a practitioner, and oversight of the delivery of
Ayurvedic services.
The NCISM Act aims to increase transparency, accountability, and quality assurance regarding
services delivered under the Indian system of medicine; however, challenges remain related to the
implementation and enforcement of this legislation.
The Ministry of AYUSH serves as the primary government entity charged with the formation of
policies and regulations, promoting research, and coordinating with institutions that work with
Ayurveda and other forms of traditional medicine.
Practitioners must maintain the following top priorities: the welfare of the patient, confidentiality,
competence and professional integrity. As the practice of Ayurveda continues to evolve, so too do
all the ethical standards that have been established for modern healthcare observers.
Obtaining informed consent is becoming an essential principle within the field of health care law.
Patients are to be informed about their condition, available options, the benefits, disadvantages,
and risks of the identified options.
Patients do not fully understand the requirements of informed consent and conditions associated
with using Ayurvedic remedies. Since most patients view Ayurvedic remedies as “natural” and
thus, “safe”, a lack of disclosure about possible adverse consequences or side effects of
Ayurvedic methods is more common than with conventional methods
As the market for Ayurvedic therapy grows, so does the concern over the existence of exaggerated
therapeutic claims made by practitioners. Ethical regulatory oversight and guidance require the
use of legitimate data to support marketing initiatives and to genuinely promote Ayurvedic
therapies without misleading prospective customers.
The Consumer Protection Act 2019 provides a mechanism for addressing the grievances of
consumers concerning healthcare services; therefore, Ayurveda practitioners can be liable for
claims made by patients as a result of failures or deficiencies in the health services provided.
The issue of determining whether professional negligence has occurred in traditional medicine is
complicated legally. In making this determination, courts must apply both traditional healing
practices and contemporary standards of reasonable professional conduct of the practitioner.
China has created an integrated regulatory system in that it combines traditional Chinese medicine
with mainstream health care. The various types of regulatory oversight include practitioner
licensing, research standards and methods of quality control.
The United Kingdom takes a relatively cautious stance on the regulation of traditional and
complementary therapies. Its regulatory structure is built on the premise of providing consumer
protection, professional registration, and truthful advertising.
Australia provides national regulation for complementary medicine through health care and
consumer protection laws. There is a strong emphasis placed on supporting evidence for making
claims about treatments and consumer safety.
The comparative analysis shows that the effective regulation of traditional and complementary
therapies requires:
Almost all regulations regarding the use of Ayurvedic medicine will need to be improved upon in
order to address the following issues:
By addressing these issues, we will build public trust in Ayurvedic medicine, as well as improve
health outcomes.
The importance of Ayurveda in India’s health care system and cultural identity will remain as long
as there are strong legal and ethical protections. For traditional medical systems to continue
to be recognised as both legitimate and sustainable in the 21st century, and to serve as responsible
health care providers, they must operate within a framework that values patient autonomy,
accountability, transparency, and safety.
India has made gains in its ability to regulate Ayurveda through formalised legislative changes and
the establishment of institutional regulations. However, serious issues remain regarding issues
such as professional liability, informed consent, advertisements, and safeguarding patients.
Overall, these issues could benefit from more relevant legislation and policy. The experience of
other places shows that successfully regulating traditional medicine is not necessarily
detrimental to the body of evidence that supports it. Instead, good governance of traditional healing methods and their practitioners could contribute to enhancing public trust and improving
Ayurveda’s role in today’s health care system.
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Salt, a mineral we often take for granted, can be a silent killer. While it is true that our bodies need it in small amounts, the excessive intake of salt has dire consequences for public health. According to the WHO Global Report on Sodium Intake Reduction, the world is facing a massive crisis in terms of high salt intake, and countries must take urgent action to address it.
The report reveals that the global salt intake is estimated to be double the recommended maximum intake of 5 grams per day. This overconsumption of salt is causing a range of health problems, including high blood pressure, heart disease, and stroke, with around 3 million deaths per year attributable to high salt intake.
This crisis is not limited to developed countries; in fact, it affects over 80% of the world’s population, particularly those in low- and middle-income countries, where salt intake is often higher and less regulated.
The implications of high salt intake for public health are alarming and call for immediate action. Governments, civil society, academia, and industry must come together to develop and implement effective sodium reduction policies and measures.
We must prioritize public health and work towards creating a food environment that provides accurate and clear information to enable consumers to make informed decisions. We owe it to ourselves and future generations to take action now and make the world a healthier place.
The Indian government has demonstrated a commendable recognition of the dire need to reduce sodium intake, which is linked to numerous non-communicable diseases. Efforts such as the 2016 guidelines released by the Food Safety and Standards Authority of India (FSSAI) to decrease salt content in packaged foods, limit sodium use in restaurants, and promote iodized salt with lower sodium content are vital steps in the right direction. Additionally, the FSSAI’s Salt Reduction Campaign serves as a vital tool for raising awareness of the dangers of high sodium intake.
Despite these efforts, more still needs to be done to combat the menace of high salt intake in India. The government needs to collaborate more closely with the food industry to lower sodium levels in processed and packaged foods while encouraging healthier cooking methods that do not rely on salt. Consumers also need to be educated on the hazards of excessive salt consumption and encouraged to adopt healthy eating habits.
The World Health Organization (WHO) report outlines several policy measures that countries should consider to combat high salt intake, such as reformulating food products to contain less salt, implementing front-of-pack labelling, and raising public awareness about the dangers of high salt consumption. India has taken some steps towards reducing salt intake, such as the “Eat Right” campaign and the “Eat Right Challenge,” but there’s a need for more proactive measures like implementing mandatory salt reduction targets for the food industry.
Moreover, the government could also explore a salt tax to curb the consumption of salty foods while raising revenue for public health initiatives. In conclusion, reducing salt intake is a global public health priority, and countries worldwide need to implement effective policies and interventions to reduce salt intake and improve public health.
The WHO has sounded the alarm on the need for countries to take immediate and comprehensive action to address the global crisis of high salt intake. The WHO’s report highlights the importance of education campaigns, food labelling, and taxation, among other measures, in reducing salt intake.
Countries that have taken proactive steps to reformulate food products with lower salt content have seen great success. The United Kingdom, for example, has seen a significant reduction in salt intake since the introduction of salt reduction targets, and Finland’s comprehensive salt reduction program has led to a corresponding decline in the incidence of stroke and heart disease.
The WHO’s report underscores the urgent need for countries to work with the food industry to regulate salt content in processed foods and set mandatory salt reduction targets. Education campaigns are also crucial in raising awareness about the risks of high salt intake and encouraging healthier food choices.
By implementing these measures, countries can save millions of lives and improve public health worldwide. In addition to the health benefits, reducing salt intake can also lead to significant economic benefits. The cost of treating health problems associated with high salt intake is substantial, and reducing salt intake could lead to cost savings for healthcare systems.
It is time for countries around the world to prioritize salt reduction as a global public health priority. The WHO’s report provides a roadmap for action, and it is up to governments, the food industry, and individuals to take the necessary steps to implement effective policies and interventions to reduce salt intake and improve public health. Let us join hands and take action today to ensure a healthier and brighter tomorrow for all.
The alarming reality is that globally, most people consume excessive amounts of sodium, far surpassing the WHO’s recommended daily limit of 2000 mg/day. Yet, there is a glimmer of hope as sodium reduction policies and measures have the potential to drastically improve diets and reduce the burden of non-communicable diseases, all while being a cost-effective solution.
However, as of 2022, only a mere 5% of Member States have implemented at least two mandatory sodium reduction policies, with six high-income and three upper-middle-income countries being the only ones to have implemented all WHO sodium-related best buys.
Even though another 22% of Member States have implemented at least one mandatory policy, this only brings the percentage of the world’s population living in countries with mandatory measures towards sodium reduction to 26%. To make matters worse, 33% of remaining Member States have only implemented at least one voluntary measure, and 29% have merely made a policy commitment towards sodium reduction.
To help combat this crisis, modelling suggests that the impact of policy implementation on sodium intake could lead to a 23.4% reduction globally and a 3.1% reduction in cardiovascular death by 2030. However, to achieve this goal, it is essential to support all countries in achieving the highest Sodium Country Score, and currently, there are significant disparities in policy implementation when reviewed by the World Bank income group.
Governments must adopt mandatory sodium reduction legislation to combat commercial interests that can impede progress. Expanding the number of food categories with reformulation limits and increasing public settings without high-sodium foods can help achieve the target and improve public health. This can also have economic benefits for healthcare systems. Urgent action with a focused and context-specific strategy is needed to combat this growing health crisis.
The implementation of global benchmarks for sodium levels in various food categories is a vital step towards achieving meaningful progress in sodium reduction through food product reformulation. While countries have made some strides in meeting voluntary sodium reduction targets, progress has been slow and limited.
Therefore, it is recommended that mandatory approaches be adopted to achieve the desired reductions in sodium content. The WHO’s establishment of sodium content limits in foods provides a clear and robust framework to guide and promote reformulation efforts, ensuring that the food industry adopts a comprehensive and impactful approach to reducing sodium content in its products. By doing so, the industry can facilitate significant improvements in population health, underscoring the importance of global benchmarks for driving progress in sodium reduction.
In order to foster healthier eating habits and improve public health outcomes, it is crucial for governments to take a leadership role through the implementation of mandatory policies pertaining to public food procurement and service.
By establishing guidelines for the purchase, preparation, and sale of food and beverages in public agencies, governments have the unique opportunity to promote and encourage healthier food choices. Such policies are imperative in ensuring adherence to the fundamental principles of a healthy diet as set out in the WHO action framework. By making these guidelines mandatory, governments can play a vital role in facilitating a shift towards healthier eating habits and improving the overall health of their populations.
The need for improved nutrition labelling policies is crucial to empower consumers to make informed decisions about the foods they purchase. Inconsistencies and misleading information on packaged foods pose a significant challenge, thus a food environment that provides accurate and clear information is imperative.
Implementing mandatory nutrition labelling policies and other measures can mitigate the risk of false, misleading or deceptive labelling, and prevent information that creates an incorrect view about any product characteristics.
Nutrient declarations such as sodium on the back of the package and clear and simple front-of-pack labelling schemes indicating products that do not meet basic nutritional criteria can help consumers make healthier dietary decisions. These policies can also encourage food manufacturers to reformulate their products to meet recommended sodium levels and promote public health.
To foster a healthier food environment, it is imperative to recognize the significant role that marketing restrictions play in reducing the promotion of unhealthy foods and beverages that are high in fats, sugars, and sodium. The proliferation of unethical marketing practices for these products poses a growing concern, and it is crucial to limit exposure to them through the implementation of mandatory marketing restrictions.
By doing so, there can be a reduction in the demand for unhealthy products, and the food industry can be encouraged to reformulate and market healthier products. In this regard, stricter regulation and enforcement of marketing practices are necessary, such as banning the use of misleading health claims, celebrity endorsements, and cartoon characters that appeal to children. By taking these actions, governments can effectively promote healthier dietary habits and contribute to reducing the prevalence of non-communicable diseases.
Fiscal policies can be a powerful tool to address the public health impact of unhealthy diets and promote a triple-win effect of improving health outcomes, reducing healthcare costs, and increasing revenue for government budgets. Research indicates that implementing taxes on unhealthy foods and beverages can discourage the purchase of these products while promoting healthy foods, and also generate revenue that can be utilized for other public health initiatives.
To reduce the population’s sodium intake, fiscal policies such as imposing taxes on foods high in sodium or eliminating tax benefits for their production and marketing can be implemented. In addition, the revenue generated from these policies can be directed towards subsidizing fresh fruits and vegetables or other strategies for reducing sodium, which can help support a shift towards a healthier food environment. By leveraging fiscal policies, governments can contribute to reducing the burden of non-communicable diseases and promoting better health for all.
A comprehensive and integrated approach is required to further accelerate sodium reduction efforts. This involves prioritizing sodium reduction as a life-saving strategy and increasing demand for change, driving societal shifts, catalyzing response, and influencing policy and decision-makers to prioritize mandatory legislation.
To facilitate effective decision-making, it is crucial to have feasible, affordable, and accurate methods of assessing mean population sodium intake, sources of dietary sodium, and sodium content in manufactured foods. Regular reporting of data on sodium content in foods and global access to such data is essential to developing, monitoring, and evaluating sodium reduction policies and other measures.
Research and innovation are crucial to exploring new and innovative measures, such as increasing the availability and use of potassium-enriched low-sodium salt substitutes. Building a strong coalition of partners and champions, including civil society and academic institutions, is key to a successful sodium reduction strategy.
By working together, we can prioritize sodium reduction, mobilize resources, generate evidence for policies, and engage in monitoring and evaluation activities to achieve significant improvements in population health.
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