On 2nd June 2021, a bench of Kerala High Court, consisting of Justice N. Nagaresh, held that a qualified Homoeopathic Physicians can prescribe and dispense preventive and prophylactic homoeo medicines, for preventing Covid-19. It further stated that such medicine should comply with Standard Management Guidelines in the hospital setting only with the approval of authorities and willingness of the patient or the guardian.
Facts of the case:
The petition was filed by a homeopathic practitioner seeking a writ of Mandamus directing the respondents to ensure that the petitioner is not obstructed from suggesting covid 19 treatments. He was informed by the officials of the State Health Department that action will be taken against him under the Disaster Management Act if he continued to treat Covid-19 patients. The petitioner claimed that the action of the Governmental authorities offends the right of the petitioner guaranteed under Article 19(1)(g) of the Constitution and that there is nothing which prohibits AYUSH practitioners from suggesting immunity booster mixtures to such patients.
Contention of the petitioner:
The following contentions had been made on behalf of the petitioner by his learned counsel Sri. V.T. Madhavanunni:
- It was stated that the action of the Governmental authorities offends the right of the petitioner guaranteed under Article 19(1)(g) of the Constitution.
- It was also stated that prohibiting the Homoeopathic Practitioners from dispensing medicines to patients would destroy the very system of Homoeopathy.
- As per the advisory, there was nothing prohibiting the qualified medical AYUSH practitioners to prescribe immunity booster mixture or tablets, as suggested by the Ministry of AYUSH, Government of India.
Contention of the respondent:
Sri. P. Vijayakumar, the learned Assistant Solicitor General of India representing the Union of India and learned Government Pleader representing the State of Kerala submitted the following:
- It was contended that there is no prohibition imposed by the Government of India on Homoeopathy for treatment for as preventive measure for covid 19.
- The Government has approved the action plan of the Homoeo Department for giving Homoeo medicines as prophylactic. However the target population was not intended to include Covid-19 patients or their contacts or those people under quarantine.
Judgement and Observation of the court:
The Hon’ble Bench of Kerela High Court made the following observation:
- The Homoeopathic Physicians can resort to Homoeopathy for symptom management of Covid-19 like illnesses.
- Advertisement by Homoeopathic Physicians is prohibited in view of Regulation 6 of the Homoeopathic Practitioners (Professional Conduct, Etiquette and Code of Ethics) Regulations, 1982 read with Sections 33 and 24 of the Homoeopathic Central Council Act, 1973.
- A qualified Homoeopathic Physicians can prescribe and dispense preventive and prophylactic homoeo medicines, for preventing Covid-19.
In the view of the above the court disposed off the present petition directing the respondents not to obstruct the petitioner in any manner from practising Homoeopathy as per the Guidelines issued by the Ministry of AYUSH, Government of India and the Apex Court.
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Kera
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