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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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Waters said depictions of an ‘unhinged fascist demagogue’ have been featured at Pink Floyd concerts since 1980. He said these scenes were intended to be a warning about the dangers of unchecked power. Waters said he believes the same message is relevant today and that he wanted to remind people that they have the power to resist authoritarianism. He said it’s important to remember that we should never let ourselves become complacent about the threats posed by authoritarian regimes. He urged people to take action to protect democracy and human rights.
Pink Floyd’s frontman Roger Waters opposes “fascism” in all its forms following a furore in Germany. The rockstar’s Nazi-style uniform at a Berlin concert sparked a police investigation. Waters has since apologized for his “terrible misjudgment” and expressed his “deep sympathy” to those offended. He has since become an advocate for human rights and a vocal opponent of fascism and racism. He has publicly spoken out against the rise of far-right politics in Europe and beyond and has also used his platform to support several charitable causes. He has been a staunch advocate for human rights and social justice, often using his music to express his views.
Berlin police said on Friday they were probing Waters after images of the Pink Floyd co-founder circulated on social media. The images showed him on stage last week at the Mercedes-Benz arena wearing a long, black coat with red armbands and firing an imitation World War II sub-machine gun. The images sparked criticism on social media, with some calling it a trivialization of the Holocaust. Waters has not responded to the criticism. Berlin police said they were examining whether the images violated German law.
Police are investigating the “suspicion of incitement to public hatred because the clothing worn on stage could be used to glorify or justify Nazi rule”, a police spokesman told the French news agency AFP. The incident occurred during a music festival in the city of Nuremberg. The band in question has since apologized for any offence caused and has removed the items of clothing from their wardrobe. The investigation is ongoing. Nuremberg is the city where Nazi rallies were held during the Third Reich and is a particularly sensitive topic for the people of Germany. The band’s apology has been accepted by the authorities, and they have been cleared to continue their tour as usual.
When the police investigation is concluded, the case will be handed over to Berlin prosecutors, police said. The band has agreed to donate a portion of their proceeds to a charity dedicated to helping survivors of the Holocaust. They have also agreed to hold a special performance in Nuremberg to show their commitment to understanding and respecting the city’s history. The band members are also planning to meet with Holocaust survivors and visit memorial sites in Germany as part of their tour. They hope that their tour can serve as an example to other musicians and inspire them to become more aware of the history and more mindful of their actions.
Felix Klein, the German government’s commissioner on anti-Semitism, called for Waters to be held accountable. Klein said authorities need to be “vigilant” following the incident and music venues should rethink their relationship with the musician. This is according to a report in Germany’s Funke media group. Waters has since apologized for his comments, saying he was not aware of the anti-Semitic connotations of what he said. However, many people have called for him to be held accountable for his actions. The incident has reignited discussions about anti-Semitism in Germany and the need for greater awareness.
“Concert organisers should consider whether they want to offer conspiracy theorists a platform,” Klein said. Klein also urged the government to take action against those who are spreading hate speech and anti-Semitism. He suggested that the German government should introduce tougher laws and sanctions to punish those who use hate speech. He also called for educational campaigns to raise awareness of anti-Semitism and its dangers. Klein also stressed the importance of educating young people about the dangers of hate speech and anti-Semitism. He argued that this kind of education should be a priority in schools and universities. He also recommended that measures be taken to stop the spread of conspiracy theories and hate speech online.
In a statement posted on his Twitter account on Saturday, Waters said his Berlin concert had “attracted bad faith attacks from those who want to smear and destroy me because they disagree with my political views”. He went on to say, “I will not be silenced or intimidated. I stand in solidarity with the people of Berlin and all those who fight for human rights, justice, and equality. We will not be silenced.” I will not be deterred from speaking out for the rights of those who are oppressed and marginalized. I urge everyone to join me in standing up for the values we believe in. We must not be silenced.
Waters said attempts to portray his performance as anything but anti-Fascist were “disingenuous and politically motivated”. He ended his statement by saying, “We will not be intimidated and we will not be silenced. We will never give up fighting for justice and for what is right.” He continued, “I stand in solidarity with all those who are oppressed by oppressive systems and governments. We will continue to fight for our freedom and the freedom of all people.”
“The elements of my performance that have been questioned are quite clearly a statement in opposition to fascism, injustice, and bigotry in all its forms,” he said.
“The depiction of an unhinged fascist demagogue has been a feature of my shows since Pink Floyd’s ‘The Wall’ in 1980,” he said.
“I have spent my entire life speaking out against authoritarianism and oppression where I set it… My parents fought the Nazis in World War II, with my father paying the ultimate price,” he said.
“Regardless of the consequences of the attacks against me, I will continue to condemn injustice and all those who perpetrate it.”
Water is a well-known pro-Palestinian activist accused of anti-Jewish views. He floated an inflatable pig emblazoned with the Star of David at his concerts. The singer denies anti-Semitism accusations, saying he protested against Israeli policies, not Jewish people. He defended his actions, saying that he has many Jewish friends and is not an anti-Semite. However, his actions have caused outrage and controversy, leading to boycotts of his music. He has since apologized and removed the inflatable from his shows. He has also made efforts to engage with the Jewish community and to promote a more positive dialogue. He has also encouraged fans to support pro-Palestinian human rights organizations.
Waters has played in several German cities in recent weeks as part of his “This Is Not A Drill” tour. But it has been hugely controversial with some city officials even trying, unsuccessfully, to ban him from performing. Critics of Waters argue that his music promotes anti-Semitism and other forms of racism. Waters, however, has denied this, claiming that his music is simply a comment on the current political situation. Moreover, his concerts have sold out consistently, showing that many fans disagree with the criticism.
At the same Berlin concert, Waters also flashed the names of several deceased people on a large screen. This included Anne Frank, the Jewish teenager who died in a Nazi concentration camp. The names of some of Waters’ friends who had died were also included in the display. This moving tribute highlighted the tragedy of the Holocaust and the devastating effect of war.
Also named was slain Palestinian-American Al Jazeera journalist Shireen Abu Akleh, who was shot dead by Israeli forces in the occupied West Bank last year.
Abu Akleh’s family have submitted an official complaint to the International Criminal Court (ICC) to demand justice for her death.
Waters is due to play his final German concert in Frankfurt on Sunday evening and protesters are planning to demonstrate outside the venue. Activists are calling for Waters to cancel the show to honour Abu Akleh’s memory and send a message that such violence will not be tolerated. The protest is set to take place regardless of whether Waters decides to cancel or not. Waters has yet to comment on the protest, but it is expected that he will address the issue before the show. It remains to be seen whether Waters will consider the activists’ demands and cancel the show.
Frankfurt city authorities sought to stop the concert but a court ruled against them, citing artistic freedom. Waters has yet to reveal if he will follow the court’s ruling or the activists’ demands. The decision he makes will likely have a significant impact on the concert and the future of the protest. The court has stated that the concert should go ahead, but the activists are still adamant that the concert should be cancelled. It remains to be seen how Waters will respond to the conflicting demands, and the outcome could be decisive in determining the future of the protest.
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Career Option After LLB in India: Jobs, Salary & Government Exams (2026 Guide) Blog Author (s) Adv. Jha Pranav Kumar…
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