• Tells about founders and origin of Ayurveda, which are the eight branches of and challenges faced by Ayurveda, the laws that govern it and how to keep it alive in India.

Ayurveda is India’s traditional healthcare system developed as an independent science approximately 2,500 years ago. The foundational texts of Ayurveda were predominantly written in Sanskrit in the form of various Samhitas. The most significant among these are the Charaka Samhita, Sushruta Samhita, and Ashtanga Sangraha, authored by the esteemed acharyas (masters) Charaka, Sushruta, and Vagbhata, respectively. These vishwagurus of Ayurveda made significant contributions to this ancient medical system.

Authors are Dr. Anila V. Menon & Ms. Anagha A. Nair.

Charaka, known for the Charaka-Samhita, served in the court of King Kushara. The term ‘Charaka’ meant a wandering physician who offered medical services. Charaka Samhita is based on the Agnivesha Tantra, said to be written by the rishi Agnivesha, one of the earliest authors in Ayurveda. 

Sushruta, often called the ‘Father of Surgery’, was a surgeon in the court of King Vishwamitra. He authored the Sushruta Samhita, a foundational text of Ayurvedic surgery. 

Vagbhata, a highly influential classical writer in Ayurveda, lived in the Sindh region. He was the son of Simhagupta and a pupil of Avalokita. Vagbhata’s significant works include the Ashtanga Sangraha and Ashtanga Hridaya, written in Sanskrit and containing 7,000 Sutras.

This article was first published in the Bhavan’s Journal.

In Sanskrit, the term ‘Ayurveda’ is derived from ‘ayus’ (life) and ‘veda’ (knowledge), translating to ‘knowledge of life’ or ‘life science’. The word ‘ayus’ originates from the Sanskrit root ‘I’ (to go), signifying that life is a dynamic, continuous movement rather than a static state. Ayurveda aims to bring about desirable changes in one’s life, with the primary goal of achieving both ‘sukha’ (personal happiness) and ‘hita’ (conducive happiness for others) simultaneously. The traditional depiction of the descent of Ayurveda from divine to human knowledge begins with Brahma, the creator in Hindu mythology. 

From Brahma, the knowledge was passed to Daksha Prajapati, one of the ancient progenitors of mankind. It then descended to the celestial twins known as the Aswini Kumara, who are considered the physicians of the gods. Following them, Indra, the king of gods, received this profound knowledge. Indra then passed it on to Dhanvantari, revered as the god of medicine and an incarnation of Vishnu, who is considered the divine source of Ayurveda. Finally, the sage Atreya, a prominent ancient teacher, received and disseminated this knowledge, contributing significantly to the classical Ayurvedic texts and practices we know today.

Unique Aspects of Ayurveda

Ayurveda stands out among traditional medical systems worldwide for several reasons:

It is built on a well-formulated theoretical platform.

It adopts a philosophical approach to life and life events.

It emphasises maintaining homeostasis through an optimal regimen and lifestyle, aiming to prevent diseases rather than treating them after they appear.

Ayurveda views health as an embodiment of wellness across physical, mental, social, and spiritual spheres. It relies on nature as its primary source for procuring materials for its applications.

Ayurveda comprises eight branches, known as Ashtangas:

Kaya Chikitsa (General Medicine)

Bala (Pediatrics Graha (Psychiatry)

Urdhwanga (Eye and ENT)

Shalya (Surgery)

Damstra (Clinical Toxicology)

Jara (Rejuvenative Therapy)

Vrisha (Reproductive Health) 

Current Landscape of Ayurveda

The World Health Organisation (WHO) and the Government of India inked a landmark agreement on March 25, 2022, to inaugurate the WHO Global Centre for Traditional Medicine. With a substantial investment of USD 250 million from the Government of India, this initiative is poised to serve as a pivotal hub for traditional medicine worldwide. The Centre’s mission is to combine the vast repertoire of traditional medicine with modern science and technology. The overarching goal is to enhance both human health and environmental well-being on a global scale. This represents a monumental leap towards acknowledging the significance of Ayurveda, which originated in India. 

Ayurveda plays a crucial role in India’s healthcare and wellness landscape by offering a unique, holistic approach that complements conventional medicine. It is particularly valued for managing chronic conditions like arthritis, diabetes, hypertension, asthma, and digestive disorders through personalised dietary plans, herbal remedies, detoxification processes, and lifestyle modifications. 

Preventive healthcare is a cornerstone of Ayurveda, emphasising balanced lifestyles and regular practices like yoga, meditation, and seasonal detoxification to build resilience and maintain optimal health.

Ayurveda also focuses on overall wellness, considering individual constitutions and bodily energies to tailor treatments that enhance physical, mental, and spiritual well-being. It advocates for diets and lifestyles aligned with natural rhythms and individual needs, utilising natural remedies that are effective and have minimal side effects.

Integration with modern medicine is growing, with many patients using Ayurveda alongside allopathic treatments for a more comprehensive healthcare approach. Ayurvedic treatments are often more affordable and accessible, especially in rural areas, making it a vital option for a large segment of the population. The principles of Ayurveda are deeply embedded in Indian culture, ensuring widespread adoption and sustainability. Overall, Ayurveda’s individualised and holistic approach enriches the health and lives of many people in India. 

Ayurveda is gaining international recognition and acceptance. India’s leadership in this field boosts its cultural diplomacy. Ayurvedic products, treatments, and wellness retreats attract global tourists, contributing to the economy. 

In the current scenario, as Ayurveda gains momentum in India and abroad, it is crucial to address and regulate the legal aspects surrounding its practice. Issues such as licensing, permissions for medicine preparation, intellectual property rights of Ayurvedic medicines, and disciplinary matters must be appropriately managed to prevent misuse and ensure the integrity of the field.

Regulatory Framework

The regulatory framework for Ayurveda in India is intricate, involving multiple governmental bodies and legislation to oversee education, practice, and product standards.

Ministry of AYUSH 

The term Ayush is derived from the Sanskrit phrase ‘Ayushman bhava’, meaning ‘May you live a long life!’. The blessing is for a healthy and long life. Today, Ayush also stands for traditional and alternative systems of healthcare —Ayurveda, Yoga, Unani, Naturopathy, Siddha, and Homeopathy. Ayush provides integrative healthcare—physical, mental, social, and spiritual health. 

The Ayush ministry is the principal authority responsible for the development and promotion of Ayurveda. It oversees policies, research, and education to ensure the system’s growth and integration into the national healthcare framework. 

Central Council of Indian Medicine (CCIM) the statutory body, operating under the Ministry of Ayush, establishes educational and practice standards for Ayurveda. It regulates curricula for undergraduate (BAMS) and postgraduate courses, ensuring highquality training for practitioners.

Ayurveda, under the aegis of Ayush, represents a harmonious blend of ancient wisdom and modern regulatory practices. As global interest in traditional medicine increases, the regulatory framework for Ayurveda in India serves as an exemplary model for balancing tradition with contemporary healthcare. The Drugs and Cosmetics Act, 1940 regulates Ayurvedic medicines, ensuring they meet quality and safety standards. The Act’s provisions for Ayurvedic drugs are designed to protect consumers by enforcing strict manufacturing practices and quality controls.

Intellectual Property Rights (IPR)

Laws Intellectual Property Rights hold pride of place in modern society. The protection and regulation of intellectual property in Ayurveda are a combination of national and international laws and frameworks. These laws aim to safeguard traditional knowledge, prevent biopiracy, and ensure that benefits from the use of Ayurvedic knowledge are fairly distributed.

Following are some of the key laws and regulations:

Traditional Knowledge Digital Library (TKDL):  The TKDL is an initiative by the Indian government to document traditional medicinal knowledge, including Ayurveda, in digital form. It serves as a defensive tool to combat biopiracy by providing documented evidence of prior art to patent offices, thereby preventing the granting of patents for existing traditional knowledge.

Biological Diversity Act, 2002:  This act aims to conserve biological diversity, ensure sustainable use of its components, and facilitate fair and equitable sharing of benefits arising from the use of biological resources. It regulates access to biological resources and associated traditional knowledge, ensuring that local communities and practitioners who have preserved this knowledge receive a share of the benefits from its commercialisation.

Patents Act, 1970 (as amended):  The Act excludes the patenting of traditional knowledge and discoveries of any living thing or non-living substances occurring in nature. This ensures that traditional Ayurvedic knowledge cannot be patented. However, new innovations in Ayurveda that involve novel and inventive steps can be patented. These might include new formulations, extraction processes, or delivery mechanisms.

Geographical Indications of Goods (Registration and Protection) Act, 1999:  This Act provides for the registration and protection of geographical indications (GI) related to goods. Specific Ayurvedic products linked to a particular region, like certain herbal medicines, plants (Alleppey green cardamom e.g.) or traditional treatment methods unique to an area, can be protected with a GI tag, helping to preserve their uniqueness and authenticity.

Copyright Act, 1957:  This Act can be applied to protect written works, including texts and manuals on Ayurvedic practices and formulations. This ensures that the authors and creators of such works can control and benefit from their reproduction and distribution.

Protection of Plant Varieties and Farmers’ Rights Act, 2001:  This Act aims to protect new plant varieties, ensuring that the rights of farmers and breeders are safeguarded. Many Ayurvedic formulations rely on specific plant varieties. Protecting these plants through this Act can help preserve the biodiversity necessary for Ayurvedic practices.

By utilising these IPR laws and frameworks, Ayurveda can be protected from exploitation and misappropriation, ensuring that traditional knowledge is preserved, respected, and fairly utilised. This legal protection helps maintain the integrity of Ayurveda while promoting ethical innovation and commercialisation

Challenges and Legal Issues

Despite the existence of a comprehensive regulatory framework, there are still numerous challenges. Combating quackery and ensuring that only qualified practitioners offer Ayurvedic treatments is an ongoing effort. It involves strict regulation, enforcement, public awareness and professional accountability. Key strategies include strengthening licensing requirements for Ayurvedic practitioners by implementing stringent criteria and regularly updating and enforcing educational standards.

Accreditation of institutions is crucial, ensuring that they are recognised and subject to regular audits and evaluations. A clear legal framework is essential, with comprehensive laws targeting quackery, harmonising state and national regulations, and imposing strict penalties for unlicensed practice and fraudulent claims, including hefty fines and imprisonment.

Establishing fast-track courts or tribunals for quackery-related cases can expedite legal proceedings. Professional accountability is maintained through a central registry of licensed practitioners, continuous professional development, and re-certification, along with strengthening the role of bodies like the National Commission for Indian System of Medicine (NCISM) in monitoring and disciplining practitioners.

Consumer protection involves public awareness campaigns to educate about the dangers of quackery and the importance of consulting licensed practitioners, as well as establishing accessible grievance redressal mechanisms, including hotlines and online portals. Collaboration with other healthcare systems through an integrated healthcare approach and cross-disciplinary training enhances mutual understanding and respect. Promoting rigorous scientific research into Ayurvedic practices, funding studies to validate treatments, and developing guidelines for evidence-based practice are essential to discourage unproven or harmful treatments. This comprehensive and coordinated approach ensures the integrity of Ayurvedic practice and maintains public trust in traditional medicine.

The sustainable harvesting of medicinal plants is a critical issue in preserving biodiversity and ensuring the long-term viability of Ayurvedic medicine. Overharvesting and unsustainable collection practices can lead to the depletion of essential plant species, disrupting ecosystems and threatening the availability of key medicinal resources. Environmental laws, such as the Forest Conservation Act, play a significant role in regulating the sourcing of raw materials for Ayurvedic medicine.

Balancing modernisation with tradition poses another significant challenge in the regulation of Ayurveda. Efforts to standardise and scientifically validate Ayurvedic practices must be conducted carefully to avoid diluting their traditional essence and efficacy. While modernisation and scientific scrutiny are essential for integrating Ayurveda into the contemporary healthcare system, it is crucial to preserve the core principles and holistic approach that define this ancient system. Regulatory frameworks must strike a balance, promoting evidence-based practices without compromising the integrity of traditional knowledge. This ensures that Ayurveda remains effective and true to its roots, providing authentic and safe healthcare solutions in a modern context.

Conducting awareness campaigns and public outreach programmes is essential for educating individuals about the importance of seeking care from qualified Ayurvedic practitioners and understanding the risks associated with unlicensed or fraudulent providers. Implementing strict enforcement measures to identify and penalise unlicensed practitioners, unauthorised clinics, and establishments engaged in fraudulent practices is also crucial.

By employing these strategies and collaborating with stakeholders, we can combat quackery and ensure the provision of safe, effective, and ethical Ayurvedic treatments. This ongoing effort is vital for maintaining the reputation and credibility of Ayurveda as a trusted healthcare system and safeguarding the well-being of those seeking Ayurvedic care.

The relationship between Ayurveda and Indian law is a delicate balance between preserving ancient traditions and meeting modern regulatory standards. The comprehensive legal framework ensures that Ayurveda continues to thrive as a vital part of India’s healthcare system while protecting the safety and well-being of consumers. As interest in traditional medicine grows globally, India’s regulatory approach serves as a model for integrating ancient wisdom with contemporary standards. The future of Ayurveda looks promising, with ongoing efforts to enhance its scientific validation and global acceptance while honouring its rich heritage. 

Preserving and protecting Ayurveda is both a right and a duty for every Indian. As a significant part of India’s cultural and historical heritage, Ayurveda embodies ancient wisdom and traditional healing practices that have been passed down through generations. All Indians need to safeguard this valuable legacy, ensuring that it's authenticity and integrity are maintained. By actively supporting regulatory measures, promoting awareness, and practising Ayurveda responsibly, every individual can contribute to the preservation and protection of this time-honoured healthcare system. This collective effort is crucial for keeping Ayurveda alive and thriving, allowing it to benefit future generations.

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This article was first published in the Bhavan’s Journal, 1-15 August 2024 issue. This article is courtesy and copyright Bhavan’s Journal, Bharatiya Vidya Bhavan, Mumbai-400007. eSamskriti has obtained permission from Bhavan’s Journal to share. Do subscribe to the Bhavan’s Journal – it is very good.

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