The Supreme Court bench comprising of Justice Ashok Bhushan, R. Subhas Reddy, and MR Shah, relying upon the guidelines provided by the Ministry of AYUSH has held the observation of Kerala High Court as right in its observation as there is no ground for Homeopathy Doctors to claim that they can cure Covid-19 when the scientists of the whole world are engaged in research to find out a proper medicine for treating the Coronavirus.
Homoeopathy medicine can be used for mitigating and preventing Covid-19 and not curing it.
The court observed that as per the guidelines issued by the AYUSH Ministry, the use of Homeopathy can be done in three ways: –
- Preventive & Prophylactic.
- Symptom management of Covid-19.
- Add on interventions to conventional care.
The Supreme Court observed,
“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 SC held this after an appeal was filed against certain directions issued by the Kerala High Court. The appellant was not the party in the Writ Petition.
PIL Filed in Kerala High Court
The PIL was filed by an advocate who was praying for the writ of mandamus to be issued allowing the Homeopathy Practitioner to involve in curing Covid-19 patients in accordance with the Exhibit-P1 notification (Guidelines dated 06.03.2020 issued by Secretary, Department of AYUSH (Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homeopathy) (AYUSH, New Delhi).
The petitioner argued that the Homeopathic System would have been completely capable of regulating the spread of COVID-19 through its immunity-boosting medicines. The petitioner further claimed in the writ petition that if Homeopathic drugs had been distributed earlier in highly affected pockets and in particular, to those in isolation and quarantine, the explosive situation had not arisen in the State of Kerala.
Kerala High Court disposed of the Writ Petition
The division bench of the High Court considering the advisory orders of the Government of India, Ministry of AYUSH, Government Order by the Government of Kerala, disposed of the petition.
The court had held,
“As per the State Medical Protocol, COVID-19 affected persons should not be treated by anybody other than the Government and those authorized by the Government. As per the medical protocol of the Government, doctors practicing in AYUSH medicines are not supposed to prescribe any medicines, stating that it is curative for COVID-19 disease. When the Central, as well as State Governments, have approved prescription of certain mixtures and tablets, as immunity boosters, qualified medical practitioners in AYUSH can also prescribe the same, but only as immunity boosters.”
The court also said that respondents can take actions against any qualified doctor practising AYUSH medicine under Disaster Management Act, 2005 if they advertise any cure/ medicine for covid-19 except for those who are specifically mentioned in the order.
The Appeal in the Supreme Court
The appeal was filed by Dr. AKB Sadbhavana Mission School of Homeo Pharmacy, saying the order of the High Court to take action under the Disaster Management Act, 2005, very harsh and prejudiced against the Homeopathy Practitioners.
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