Explore the comprehensive legal analysis of the utilization of Homeopathy in managing COVID-19 as per the recent court judgment. The court’s evaluation of the Ministry of AYUSH guidelines and the permissible scope of Homeopathic practitioners’ interventions is crucial in understanding the legal framework governing alternative medicine practices in pandemic situations.
Facts
- The Government has approved the action plan of the Homeopathy Department for giving Homeopathy medicines as prophylactic.
- Qualified doctors practicing AYUSH medicine should not advertise or prescribe drugs as a cure for COVID-19, except those specifically mentioned in the advisory dated 6.3.2020.
- If any AYUSH practitioner violates the guidelines, appropriate action can be taken under the Disaster Management Act, 2005.
- The petitioner pleaded that Homeopathic system could have controlled the spread of COVID-19 through immunity-boosting medicines.
- A writ petition was filed in the Kerala High Court by an advocate, praying for Homeopathic practitioners to be allowed to perform as per the Exhibit-P1 notification.
- The petitioner’s grievance was that Kerala did not implement the advisory dated 06.03.2020 promptly, unlike other states.
- The advisory of the Ministry of AYUSH is being followed where tablets are given as immunity boosters, not as a cure for COVID-19.
- If Homeopathic medicines had been distributed earlier to affected areas, the explosive situation in Kerala could have been avoided.
- AYUSH medical practitioners are not to treat COVID-19 affected persons, only those authorized by the Government can do so.
- The writ petition was disposed of accordingly, directing AYUSH practitioners to give tablets as immunity boosters, not as a cure for COVID-19.
- The appellant, not a party in the writ petition, filed an appeal citing that AYUSH practitioners can prescribe immunity boosters as per the advisory.
- Petitioner claims Exhibit-P1 has not been implemented by the State of Kerala.
- High Court refers to advisory and Government Orders related to the case.
- Petitioner’s prayer in the writ petition is listed, including mandamus for Homeopathic practitioners.
- High Court disposes of the writ petition on 21.08.2020.
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Arguments
- Appellant is aggrieved by the directions of the High Court in paragraph 14 only.
- Direction to take actions against Homeopathic doctors prescribing drugs for COVID-19 beyond scope of writ petition.
- Government advisory permits Homeopathy for COVID-19 like illnesses.
- High Court erred in confining Homeopathic practitioners to prescribe only as immunity booster.
- Guidelines by Ministry of AYUSH permit Homeopathic practitioners to prescribe medicines for COVID-19.
- High Court’s observation that Homeopathy practitioners can only prescribe as immunity booster is incorrect.
- Government of India decided to strengthen COVID-19 medical response by using traditional healthcare systems like AYUSH, Homeopathic, and Unani practices.
- Ministry of AYUSH permitted Homeopathy practitioners to prescribe medicines for various purposes related to COVID-19.
- Reference made to advisory and guidelines issued by the Government of India in this regard.
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Analysis
- Ministry of AYUSH permits the use of homeopathy in three ways: preventive and prophylactic, symptom management of COVID-19, and as add-on interventions to conventional care.
- Homeopathic medicines can be prescribed integratedly or standalone depending on the severity of the case.
- Homeopathy has immune modulatory potential as shown in preclinical studies.
- Ministry of AYUSH permits homeopathic practitioners to prescribe specific drugs as an add-on to conventional treatment for COVID-19 positive patients.
- Prescription of medication by homeopathic practitioners for COVID-19 positive patients is allowed as an add-on to conventional treatment.
- Homeopathic doctors must follow all preventive measures, select medicines tailored to the patient’s specific characteristics, and decide on potency, dose, and repetition for optimal response.
- Different potencies of remedies can be used based on various factors such as patient susceptibility, type and stage of disease, and previous treatment.
- Homeopathic approach is emphasized for prophylaxis, amelioration, and mitigation of diseases like Influenza Like Illness, dengue, and acute encephalitis syndrome.
- Guidelines specify that prescription must be given only by institutionally qualified practitioners.
- Studies and practical use of homeopathic medicines in diseases with similar presentations to COVID-19 are considered for treatment.
- Homeopathy treats the patient, not just the disease, and can be beneficial in managing symptoms of COVID-19.
- High Court observations on homeopathic practitioners not claiming to cure COVID-19 and the prohibition of advertisement by homeopathic practitioners are highlighted.
- Regulations prohibit homeopathic practitioners from advertising or soliciting patients in unethical ways.
- Specific guidelines and advisories from Ministry of AYUSH are cited to illustrate the permissible use of homeopathy in COVID-19 management.
- Directions issued by the High Court in paragraph 14 of the judgment need to be modified.
- No claim for cure can be made in Homeopathy.
- Homeopathy is intended for preventing and mitigating COVID-19 as per Ministry of AYUSH advisory and guidelines.
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Decision
- Homeopathic medical practitioners must follow the advisory dated 06.03.2020 issued by AYUSH Ministry
- Guidelines for Homeopathic medical practitioners for COVID-19 issued by Government of India, Ministry of AYUSH must be adhered to
- The Civil Appeal is disposed of as per the mentioned guidelines
- Interlocutory applications seeking permission for impleadment have been rejected
Case Title: DR. AKB SADBHAVANA MISSION SCHOOL OF HOMOEO PHARMACY Vs. THE SECRETARY, MINISTRY OF AYUSH (2020 INSC 702)
Case Number: C.A. No.-004049-004049 / 2020
