Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | COVID-19 Homeopathic Medicine System Department of AYUSH |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Homeopathy Central Council Act, 1973 (59 of 1973) Disaster Management Act, 2005 (53 of 2005) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | COVID-19: Homeopathic Medicine System – Writ petition filedbefore High Court by an Advocate praying for direction to theDepartment of AYUSH to ensure that the Homeopathic practitionersare immediately allowed to perform in accordance with advisorydated 06.03.2020 issued by Department of AYUSH – Petitionerpleaded that to control the spread of COVID-19, advisory dated06.03.2020 was issued in which it was pointed out that interventionsunder AYUSH systems have been varyingly used for making aneffective public health response in similar situations faced in manyStates/Union Territories earlier, however, the State of Kerala andthe Department of AYUSH, Trivandrum did not take steps toimplement the said advisory – High Court while disposing of writpetition, held that the advisory of the Ministry of AYUSH is beingfollowed by the Government and tablets are given free of cost topeople as immunity boosters; that as per the State Medical Protocol,COVID-19 affected persons should not be treated by anybody otherthan the Government and those authorised by the Government andthe doctors practising in AYUSH medicines are not to prescribe anymedicines, stating that it is curative for COVID-19 disease and thequalified medical AYUSH practitioners can only prescribe immunitybooster mixture or tablets, as suggested by the Ministry of AYUSH– High Court in paragraph 14 noted that if any qualified doctorpractising AYUSH medicine, makes any advertisement or prescribesany drugs or medicines, as a cure for COVID-19 disease, exceptthose specifically mentioned in the advisory, it would be open forthe respondents to take appropriate action under the provisions ofthe Disaster Management Act, 2005, and also directed Medical/Police Departments to monitor the action of AYUSH medicalpractitioners – Appellant-Homeo Pharmacy who is not party in writpetition feeling aggrieved by directions issued by High Court filedinstant appeal – Held: Advertisement by Homeopathic practitionersis clearly prohibited by the Homeopathic Practitioners (ProfessionalConduct, Etiquette and Code of Ethics) Regulations, 1982 – Regn.6prohibits advertisement for solicitation of patients personally oradvertisement in the newspaper by the Homeopathic practitioners– When statutory regulations itself prohibit advertisement, there isno occasion for Homeopathic medical practitioners to advertisethat they are competent to cure COVID-19 disease – When theScientists of entire world are engaged in research to find out propermedicine/vaccine for COVID-19, there is no occasion for makingany observation as contained in paragraph 14 with regard toHomeopathic medical practitioners – Homeopathy does not curethe disease, but it cures the patients – Writ petition was filed in HighCourt only with a limited relief for issuing direction to respondentto implement advisory, there was no occasion for High Court tomake observations and issue direction as it made in paragraph 14– High Court did not fully comprehend advisory dated 06.03.2020and made observations for taking appropriate actions against theHomeopathic medical practitioners, which is not approved – HighCourt, however, was right in its observation that no medicalpractitioner can claim that it can cure COVID-19 – There is nosuch claim in other therapy including allopathy – Homeopathy iscontemplated to be used in preventing and mitigating COVID-19 asis reflected by the advisory and guidelines issued by the Ministry ofAYUSH – The directions issued by High Court in paragraph 14 ofthe judgment modified to that extent – Homeopathic medicalpractitioners to follow advisory dated 06.03.2020 as well asguidelines for Homeopathic medical practitioners for COVID-19issued by Government of India, Ministry of AYUSH – DisasterManagement Act, 2005. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2020 INSC 702 |
Petitioner | Dr. Akb Sadbhavana Mission School Of Homoeo Pharmacy |
Respondent | The Secretary, Ministry Of Ayush & Ors. |
SCR | [2020] 13 S.C.R. 1074 |
Judgement Date | 2020-12-15 |
Case Number | 4049 |
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