Pseudoscientific research

Here is an example of a directive from a high court asking the state to prosecute medical quacks. But by quack they are referring to people who call themselves doctors with out actually being licensed medical practitioners. Not sure if it extends to godmen spewing garbage.
From the Facebook discussion....
Quote:KK: Can lawyers in this group comment on this?

IH: can you post a specific question? it will be helpful as there are too many things to comment on..
[Thursday at 1:53pm]

KK: The question would be that a lot of quacks casually use words like "scientific" etc to sell their crap. Can they be challenged in court for this?
[Thursday at 2:00pm]

IH: No i dont think so. The word scientific is very generic and indian courts also believes that yoga, ayurveda and unani amongst others is also science and not merely modern science or "evidence based scientific approach". To be illegal it needs to be proved that the medicine or system advocated by the charlatan is hazardous or amounts to unfair trade practices for a claim under the consumer protection act. For it to be illegal under the Drug and magical remedies Act, the advertisement of these charlatans should offer

1. Appendicitis
2. Arteriosclerosis
3. Blindness
4. Blood poisoning
5. Bright's disease
6. Cance
7. Cataract
8. Deafness
9. Diabetes
10. Diseases and disorders of the brain
11. Diseases and disorders of the optical system
12. Diseases and disorders of the uterus
13. Disorders or menstrual flow
14. Disorders of the nervous system
15. Disorders of the prostatic gland
16. Dropsy\
17. Epilepsy
18. Female diseases (in general)
19. Fevers (in general)
20. Fits
21. Forms and structure of the female bust
22. Gall stones, kidney stones and bladder stones
23. Gangrene
24. Galucoma
25. Goitre
26. Heart diseases
27. High or low blood pressure
28. Hydrocele
29. Hysteria
30. Infantile paralysis
31. Insanity
32. Leprosy
33. Lecuoderma
34. Lockjaw
35. Locomotor atoxia
36. Lupus
37. Nervous debility
38. Obesity
39. Paralysis
40. Plague
41. Pleurisy
42. Pneumonia
43. Rheumatism
44. Ruptures
45. Sexual impotence
46. Small pox
47. Stature of persons
48. Sterility in women
49. Trachoma
50. Tuberculosis
51. Tumours
52. Typhoid fever
54. Veneral diseases, including syphilis, gonorrhoea, soft chancre, veneral, granulima and lympho granuloma.

IH: diagnosis, cure, mitigation, treatment or prevention of any disease, disorder for any of the above mentioned diseases, then action can be taken under the Act
[Thursday at 2:12pm]

KK: Thanks! Although its sad
[Thursday at 2:14pm]

KK: But again, in that video Baba Ramdeo says that his breathing technique attacks Cancer cells and blah blah. So can that be challenged given that he is implying its a cure to cancer
[Thursday at 2:16pm]

IH: KK- Yes its possible to challenge him on that
[Thursday at 2:18pm]

KK Tagging karatalaamalaka
[Thursday at 2:19pm]

CC: but then any one can be sued for making a promise/ claim, which he knows is not true. surely this can be tried in IPC under fraud.
[Thursday at 3:17pm]

AI: Some more threads where some legal commentary may help:
[Thursday at 5:07pm]

IH: It would be very difficult to make out a case of cheating and dishonestly inducing the delivery of property under section 420 of the Indian penal code. Firstly, there is enough literature on benefits of kapalbhati breathing and benefits of pranayama (though not based on evidence) to show that it is an ancient science and practiced for a long time, secondly the section covers only wilful misrepresentation which means the baba had to also believe it is false and dishonestly induce others knowing it to be false which may not be the case as Baba has spent years teaching and perfecting the techniques of pranayama and kapalbhati breathing.
[Yesterday at 12:32am via mobile]

KK: Hmm.. that sounds very restrictive. Wonder if "science" can be made a brand so that its usage will require some kind of permission.
[Yesterday at 12:39am]

CC: I dont think there's a concept of "ancient" science. Science is science. My response was to the original question, which said what if somebody claims scientific backing to his claims; in that case yes 420 should be applicable. if someone says do kapalbhati because it's been done for 1000 of years then its not a science backed claim and hence not actionable. however if you claim that kapalbhati lowers bp by so n so and clears blocked arteries by such n such % then these are verifiable claims and can be covered under 420.
[Yesterday at 1:21am]

IH: CC- Kindly read about mens rea which forms the basis for applicability of IPC in India. There should be a gulity mind for a case to be made out under section 420 of IPC. An unscientific mind or a benighted mind is not automatically a guilty mind. I also invite your attention to section 24 and section 25 of the Indian penal code which defines the meaning of "fraudulently" and "dishonestly" where intention is clearly a mandatory requirement.
Kindly also read

Can it be said that the Baba is intentionally deceiving the people knowing that Kapilbhati breathing and Pranayama have no effect? if yes then a case can be made out.
[Yesterday at 2:20am]

CC: i did have mens rea in mind when i referred to 420 in my first post. mens rea is a basic requirement for a criminal act, otherwise its just a mistake. When someone cites scientific data, which does not exist, to support a claim then obviously there is the mens rea, an intention to deceive, and it can be a basis for a suit.
[Yesterday at 2:30am]

IH: hmmn...i dont know...i dont think mensrea can be stretched like that, it has to have direct contact with the criminal act. I shall get back to you after some quick research. Inference of mensrea is very subjective and courts generally interpret it strictly. Morever in this video i dont think he is selling any product or a service, where is the other element of section 420 being "inducement to deliver a property(money)" by such acts of dishonesty or fraud? if so how can section 420 be applied?
[Yesterday at 3:11am]
[+] 2 users Like karatalaamalaka's post
(23-Sep-2012, 09:20 AM)karatalaamalaka Wrote: From the Facebook discussion....
Quote:KK: The question would be that a lot of quacks casually use words like "scientific" etc to sell their crap. Can they be challenged in court for this?
[Thursday at 2:00pm]

IH: No i dont think so. The word scientific is very generic and indian courts also believes that yoga, ayurveda and unani amongst others is also science and not merely modern science or "evidence based scientific approach".

Why is that? I mean I understand the thing about freedom of speech. But then in a country like India where there are blasphemy laws, why can't there be similar laws to prevent blasphemy against science Huh?
Can anyone make out head or tail of this garbage ?

I am seeing people lapping this up on facebook as scientific study giving authencity to their so-called spiritual gurus and babas and what not...

Few snippets from this
"Esoteric and spiritual teachers have known for ages that our body is programmable by language, words and thought. This has now been scientifically proven and explained. Of course the frequency has to be correct. And this is why not everybody is equally successful or can do it with always the same strength. The individual person must work on the inner processes and maturity in order to establish a conscious communication with the DNA. The Russian researchers work on a method that is not dependent on these factors but will ALWAYS work, provided one uses the correct frequency"

"We now know that just as on the internet our DNA can feed its proper data into the network, can call up data from the network and can establish contact with other participants in the network. Remote healing, telepathy or “remote sensing” about the state of relatives etc.. can thus be explained"

Whenever a great many people focus their attention or consciousness on something similar like Christmas time, football world championship or the funeral of Lady Diana in England then certain random number generators in computers start to deliver ordered numbers instead of the random ones. An ordered group consciousness creates order in its whole surroundings

I am still trying to understand this god-level (pun intended) pseudo-shit and trying to collect solid arguments to refute its propagators.

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