The Supreme Court has made it clear that what is permissible for Homeopathic medical practitioner in reference to COVID-19 symptomatic and asymptomatic patients is already regulated by the advisory and guidelines issued by the Ministry of AYUSH while modifying the directions to the extent, issued by the Kerala High Court.
The bench while affirming one of the observations of The Kerala High Court pointed out that 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. The bench further asserted that there is no such claim in other therapy including allopathy.
The appeal has been filed by the Dr. AKB Sadbhavana Mission School of Homeo Pharmacy aggrieved by the part of Division Bench judgment of Kerala High Court.
The appellant claimed that Homeopathic system would have been absolutely able to control the spread of COVID-19 through its immunity boosting medicines. He further stated in the writ petition that if the Homeopathic medicines had been distributed earlier in highly affected pockets and particularly to those under isolation and quarantine, the explosive situation had not happened, which has happened in the State of Kerala.
The appellant was aggrieved by the directions of the High Court contained in paragraph 14 which read as infra:
We also make it clear 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 Annexure-I advisory to Exhibit-P1 D.O. letter dated 6.3.2020, it is open for the respondents to take appropriate action under the provisions of the Disaster Management Act, 2005, and the orders of the Governments, both Central as well as the State, issued from time-to-time. Only those tablets or mixtures shall be given as immunity booster and not as cure for COVID-19. AYUSH medical practitioners are further directed not to violate the Government Order dated 6.3.2020. In this regard, Medical/Police Departments are also directed to monitor the action of AYUSH medical practitioners.
The bench remarked in the lighter note that 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. The homeopathy does not cure the disease, but it cures the patients.
The bench noted that the guidelines contained following under the heading Homeopathic approach make it clear that Homeopathy has been envisaged by the Ministry as the therapeutic aid.
While disposing of Civil Appeal the bench also rejected the interlocutory applications filed seeking permission for impleadment accordingly.
