Patanjali Moves HC in support of Upadhyays PIL to adopt integrated system of Ayurveda, Yoga, Homeopathy etc [READ IA]

NEW DELHI: The Union government has told the Delhi High Court that the NITI Aayog's Health and Family Welfare Division, has on August 13, this year set up a committee on formulation of 'Integrative Health Policy' to suggest measures to adopt ways combining modern and traditional methods.

The terms of the reference of the Committee is as follows:

i. Propose framework of comprehensive integrative health policy to achieve an inclusive, affordable, evidence-based healthcare;

ii. Suggest recommendations for effective implementation of integrative healthcare through Education, Research and Clinical Practice;

iii. Propose roadmap for disease preventive and health promotion in National programmes based on modern and traditional integrative approaches.

The government's statement was filed in response to a PIL by BJP leader and advocate Ashwini Kumar Upadhyay, who sought a direction for adopting holistic and integrated system of study and treatment under Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy.

The petitioner also sought a direction to implement a 'Holistic Integrated Common Syllabus and Common Curriculum' of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homoeopathy for all medical colleges in order to secure right to health guaranteed under Articles 21, 39 (e), 41, 43, 47, 48 of the Constitution.

Alternatively, he asked the court to direct the Centre to constitute an Expert Committee from fields of Allopathy, Ayurveda, Yoga, Nautropathy, Unani, Siddha and Homeopathy to examine integrated healthcare approach to developed countries and particularly China and Japan.

Meanwhile, Baba Ramdev's Patanjali Research Institute has also filed an application to support PIL by Upadhyay.

In its written response, the Union Health and Family Welfare Ministry said the National Commission for Indian System of Medicine and National Commission for Homeopathy prescribe minimum standards of infrastructure which a college is mandated to have before starting to promulgate Indian Medicine and Homeopathy Courses.

The said course is a 5.5 year duration course wherein the students are subjected to classroom training and practical training including internships for greater understanding of the subjects.

The Centre also said in 1995, that the Department of Indian Medicine and Homeopathy was created in the Union Ministry of Health and Family Welfare with the objective to develop the Indian System of Medicine.

However, in the year 2003, the Department was renamed as the Department of Ayurveda, Yoga, and Naturopathy, Unani Siddha and Homeopathy (AYUSH) and in 2014 a separate ministry of Ayush, namely the Ministry of Ayush was formed.

It also said the NMC Act dealt with modern scientific medicine whereas the NCH Act and NCISM Act were enacted specifically for Ashtang Ayurveda, Unani, Siddhaand, Sowa - Rigpa and Homeopathy Systems of Medicine.

"It is pertinent to note that said two Acts are regulated under separate Ministries and provide for separate Autonomous Boards and separate Councils. That Section 50 and Section 52 of the NMC Act and NCH, NCISM Acts, 2020 respectively provide for joint sitting to enhance the interface between Homeopathy Indian System of Medicine and Modern Systems of Medicine," it said.

It also said the Government of India, time and again have asked the Councils to improve the syllabus by including subjects with regard to National Programmes like National Malaria eradication programme, TB, Leprosy, Family Welfare Programme, RCH Programme, Immunisation Programme, Aids, Cancer etc. and accordingly the Council has strengthened the Syllabus of all the system of Medicine.

The institutionally qualified practitioners of Ayurveda, Siddha, Unani Tibb and Homeopathy are eligible to practice respective Systems including Surgery and Gynecology obstetrics, Anesthesiology, ENT, ophthalmology etc based on the training and teaching, it added.

The government, however, said the right to practice any profession is a fundamental right guaranteed under Article 19(1)(g) of the Constitution but this is subject to any law relating to the qualifications necessary for practicing any profession enacted under Article 19(6) of the Constitution.

The regulatory measures, including professional qualification and conduct, have been applied, keeping in view not only the right of the medical practitioners but also the right to life and proper health care of persons who need medical care and treatment and to ensure there can be no compromise on professional standards of medical practitioners.

Appearing for Ramdev, Mr. Inderbir Singh Alag along with a team of Advocates from Athena Legal comprising Mr. Simranjeet Singh and Miss Rhea Dube.

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