The Delhi High Court recently observed that Expert Bodies Like ICMR Best Judge of Medical Protocol During the Pandemic and the court cannot grant the use of Homeopathy in the treatment of Covid-19. This was seen in the case of DR RAVI M NAIR & ANR and the UNION OF INDIA & ANR. (2022/DHC/004558) and the case was presided over by Honourable Mr. Chief Justice of Delhi High Court SATISH CHANDRA SHARMA and Honourable Mr. Justice SUBRAMONIUM PRASAD.
FACTS OF THE CASE
The petitioners had approached the court in 2020 with a prayer that the Ministry of AYUSH be directed to “notify Arsenic album – – Phosphorus – Tuberculinum (APT) in series intervention protocol as the second advisory supplementing the first advisory Arsenicum album 30 C as preventive for COVID – 19 on an urgent basis”
The Petitioners in short prayed for the issuance of a writ of Mandamus to the Government of India for including Homoeopathic medicines for the treatment of COVID-19 infections.
JUDGEMENT
The Court observed that it is not for them to comment upon the medical protocols and the guidelines framed on the subject which are, in fact, issued after great research on the subject.
The Court acknowledged the effectiveness of Homeopathic medicines and considered that a large number of people throughout the Globe are availing of Homeopathic treatment but in cases of the pandemic, which protocol has to be validated by the Government and should always be left to the discretion of the Government. The decision of the Government in such scenarios is based upon expert opinions and the experts are certainly the masters of the field.
The Court kept in mind the current state of the pandemic and stated that a large number of the population is already vaccinated and the pandemic is about to end and it does not find any reason for the said plea at this time.
“This Court at this juncture, especially when the COVID-19 infections have come almost to an end does not find any reason to allow the relief prayed for by the Petitioners. However, the Petitioner shall certainly be free to go ahead with their research/ drug trials strictly in accordance with the law,” the court said.
Hence, the court dismissed the plea by giving the petitioner approval to approach the concerned medical departments and carry on their research and experimentation on the same subject.
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JUDGEMENT REVIEWED BY ABHINAV SHUKLA.
