COVID-19: Homeopathic Medicine System – Writ petition filed before High Court by an Advocate praying for direction to the Department of AYUSH to ensure that the Homeopathic practitioners are immediately allowed to perform in accordance with advisory dated 06.03.2020 issued by Department of AYUSH – Petitioner pleaded that to control the spread of COVID-19, advisory dated 06.03.2020 was issued in which it was pointed out that interventions under AYUSH systems have been varyingly used for making an effective public health response in similar situations faced in many States/Union Territories earlier, however, the State of Kerala and the Department of AYUSH, Trivandrum did not take steps to implement the said advisory – High Court while disposing of writ petition, held that the advisory of the Ministry of AYUSH is being followed by the Government and tablets are given free of cost to people as immunity boosters; that as per the State Medical Protocol, COVID-19 affected persons should not be treated by anybody other than the Government and those authorised by the Government and the doctors practising in AYUSH medicines are not to prescribe any medicines, stating that it is curative for COVID-19 disease and the qualified medical AYUSH practitioners can only prescribe immunity booster mixture or tablets, as suggested by the Ministry of AYUSH – High Court in paragraph 14 noted that if any qualified doctor practising AYUSH medicine, makes any advertisement or prescribes any drugs or medicines, as a cure for COVID-19 disease, except those specifically mentioned in the advisory, it would be open for the respondents to take appropriate action under the provisions of the Disaster Management Act, 2005, and also directed Medical/Police Departments to monitor the action of AYUSH medical practitioners – Appellant-Homeo Pharmacy who is not party in writ petition feeling aggrieved by directions issued by High Court filed instant appeal – Held: Advertisement by Homeopathic practitioners is clearly prohibited by the Homeopathic Practitioners (Professional Conduct, Etiquette and Code of Ethics) Regulations, 1982 – Regn.6 prohibits advertisement for solicitation of patients personally or advertisement in the newspaper by the Homeopathic practitioners – When statutory regulations itself prohibit advertisement, there is no occasion for Homeopathic medical practitioners to advertise that they are competent to cure COVID-19 disease – When the Scientists of entire world are engaged in research to find out proper medicine/vaccine for COVID-19, there is no occasion for making any observation as contained in paragraph 14 with regard to Homeopathic medical practitioners – Homeopathy does not cure the disease, but it cures the patients – Writ petition was filed in High Court only with a limited relief for issuing direction to respondent to implement advisory, there was no occasion for High Court to make observations and issue direction as it made in paragraph 14 – High Court did not fully comprehend advisory dated 06.03.2020 and made observations for taking appropriate actions against the Homeopathic medical practitioners, which is not approved – High Court, however, was right in its observation that no medical practitioner can claim that it can cure COVID-19 – There is no such claim in other therapy including allopathy – Homeopathy is contemplated to be used in preventing and mitigating COVID-19 as is reflected by the advisory and guidelines issued by the Ministry of AYUSH – The directions issued by High Court in paragraph 14 of the judgment modified to that extent – Homeopathic medical practitioners to follow advisory dated 06.03.2020 as well as guidelines for Homeopathic medical practitioners for COVID-19 issued by Government of India, Ministry of AYUSH – Disaster Management Act, 2005.
Disposing of the appeal, the Court
HELD: 1. The High Court emphasised that if any qualified doctor practising AYUSH medicine, makes any advertisement or prescribes any drugs or medicines, as a cure for COVID-19 disease, except as prescribed in letter dated 6.3.2020, it is open to the authorities to take appropriate action under the provisions of the Disaster Management Act, 2005. Insofar as advertisement by Homeopathic practitioners is concerned, it is clearly prohibited by the regulations framed in Section 33 read with Section 24 of Homeopathy Central Council Act, 1973 namely the Homeopathic Practitioners (Professional Conduct, Etiquette and Code of Ethics) Regulations, 1982. Regulation 6 prohibits advertisement for solicitation of patients personally or advertisement in the newspaper by the Homeopathic practitioners. When statutory regulations itself prohibit advertisement, there is no occasion for Homeopathic medical practitioners to advertise that they are competent to cure COVID-19 disease. When the Scientists of entire world are engaged in research to find out proper medicine/vaccine for COVID-19, there is no occasion for making any observation as contained in paragraph 14 with regard to Homeopathic medical practitioners. [Paras 18, 19][1085-B-D; 1086-C-D]
2. The writ petition, which was filed in the Kerala High Court only with a limited relief for issuing direction to respondent to implement advisory dated 06.03.2020 issued by Ministry of AYUSH, there was no occasion for High Court to make observations and issue direction as it has been made in paragraph
14. What is permissible for Homeopathic medical practitioner in reference to COVID-19 symptomatic and asymptomatic patients is already regulated by the said advisory and guidelines. The Government of India, Ministry of AYUSH has also brought on record the guidelines issued subsequent to 06.03.2020 for Homeopathy medical practitioners for COVID-19, where Homeopathic approach to COVID-19 has been elaborately dealt with. The said guidelines, which has been issued after 04.04.2020 has been brought on the record as Annexure C by the Ministry of AYUSH. Guidelines dated 04.04.2020 make it clear that Homeopathy has been envisaged by the Ministry as the therapeutic aid. The said guidelines refer to Homeopathy medicines as medicines for prophylaxis, Amelioration and mitigation. The guidelines, however, specifically provides that “the prescription has to be given only by institutionally qualified practitioners”. The High Court in its impugned judgment has not fully comprehended the guidelines dated 06.03.2020 and taking a restricted view of the guidelines and have made observations for taking appropriate actions against the Homeopathic medical practitioners, which cannot be approved. The High Court, however, is right in its observation that no medical practitioner can claim that it can cure COVID-19. There is no such claim in other therapy including allopathy. The High Court is right in observing that no claim for cure can be made in Homeopathy. The Homeopathy is contemplated to be used in preventing and mitigating COVID-19 as is reflected by the advisory and guidelines issued by the Ministry of AYUSH. [Paras 20, 21, 22, 23][1086-D-F; 1088-G-H; 1089-A-B]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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