Delhi High Court Dismisses PIL To Include Ayurveda, Yoga In Ayushman Bharat PMJAY Scheme

The Delhi High Court on Monday dismissed public interest litigation seeking inclusion of Ayurveda, Yoga and Naturopathy in Union Government's public health insurance scheme Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY).

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected the plea filed by BJP leader and Advocate Ashwini Kumar Upadhyay in default due to non-prosecution.

“Even after passover, none is present for the petitioner. Dismissed in default,” the court said.

The court had issued notice in the matter in November last year and sought response of the Union Ministries of AYUSH, Finance, Health & Family Welfare and Home Affairs as well as the Delhi Government.

However, when the matter was called twice today, no counsel appeared for either side.

It was Upadhyay's case that the Central Government's scheme is limited to allopathic hospitals and dispensaries, while India boasts various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani and Homeopathy, “which are rooted in India's rich traditions and are highly effective in addressing the healthcare needs of the present time.”

Stating that India is a country rich in various great traditions of sages which is also mentioned in various available scriptures, Vedas, Puranas, Upanishads, etc, the plea read:

“Unfortunately, due to various policies created by foreign rulers and individuals with a colonial mindset, our cultural, intellectual knowledge, and scientific heritage have been systematically eroded. Along with this, these foreigners, motivated by a profit-oriented approach, have thoughtfully implemented many laws and schemes during the time ofour country's independence that have slowly undermined our rich heritage and history.”

Upadhyay had submitted that it is duty of the State to re-establish the country's powerful civilization, rich knowledge and cultural heritage. However, he has added that the Indian healthcare system is not covered under the Ayushman Scheme.

“It's important to note that, according to the fundamental spirit of the Constitution, Indian citizens have the right to health, and they also have the right to choose their preferred treatment and doctor. Therefore, it is the government's responsibility to take steps in this direction. Health services should have widespread accessibility, allowing everyone to access various types of services and ensuring the quality of these services is sufficient to improve people's health,” the plea stated.

Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS

Citation: 2024 LiveLaw (Del) 112