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Everybody Can't Be Permitted To Treat COVID: Supreme Court Seeks Centre's Response On use Of Alternative Medicines To Treat Covid
Mehal Jain
19 Nov 2020 2:51 PM IST
The Supreme Court on Thursday directed the Centre to file a counter affidavit detailing in what manner and to what extent Alternative Medicine by way of Ayurveda, Homeopathy and Siddha are permitted to treat COVID.The bench headed by Justice Ashok Bhushan was hearing a SLP against the August 21 decision of the Kerala High Court holding that AYUSH Doctors shall not prescribe tablets or mixtures...
The Supreme Court on Thursday directed the Centre to file a counter affidavit detailing in what manner and to what extent Alternative Medicine by way of Ayurveda, Homeopathy and Siddha are permitted to treat COVID.
The bench headed by Justice Ashok Bhushan was hearing a SLP against the August 21 decision of the Kerala High Court holding that AYUSH Doctors shall not prescribe tablets or mixtures as cure for COVID-19, but only as an immunity booster.
The Ministry of AYUSH had issued a notification dated March 6 specifically stating that the State Government shall take steps to adopt Homoeopathic system among other systems of medicines, in the fight against the menace of Coronavirus. Accordingly, a lawyer had approached the High Court seeking a direction to the State Government to implement a notification issued by Ministry of AYUSH. The High Court bench observed that medical practitioners in AYUSH can prescribe the medicines, but only as immunity boosters
"Are there any guidelines by the Ministry of Ayush? This has effect all over the country! Everybody can't be permitted to treat", observed the bench, also comprising Justices R. Subhash Reddy and M. R. Shah. "The judgment is right. They are not supposed to do this. There is an advisory on which symptoms these systems of medicine can treat and to what extent, what medicines can be prescribed- everything is there", replied SG Tushar Mehta, adding that he shall place on record the guidelines during the course of the day.
"And these can be used only as a booster, not for curing", pointed out the bench.
"Yes. They are not a cure or treater, but only a booster", agreed the SG.
The bench required the SG to file a counter affidavit, in addition to the aforesaid guidelines.
Before the High Court, the Government had submitted that the Advisory of the Ministry of AYUSH is being followed by the Government and tablets are given free of cost to those persons as immunity boosters. It was advanced that as per the medical protocol of the Government, doctors practising in AYUSH medicines are not supposed to prescribe any medicines, stating that it is curative for COVID-19 disease.
Taking note of the notifications/orders issued by the state and centre, the bench observed that medical practitioners in AYUSH can prescribe the medicines, but only as immunity boosters. While disposing of the petition, the bench further observed:
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 comprising the Chief Justice S. Manikumar and Justice Shaji P. Chaly also directed the medical/Police Departments to monitor the action of AYUSH medical practitioners.
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