The Supreme Court ruled on Tuesday that homeopathic doctors can prescribe drugs for the prophylaxis, amelioration and attenuation of patients with COVID-19, and the prescription should only be given by institutionally qualified practitioners.
The top court said that when legal regulations prohibit advertising, there is no opportunity for homeopathic doctors to announce that they are competent to cure COVID-19 disease.
He said that homeopathy is intended to be used in the prevention and mitigation of COVID-19, as reflected in the recommendations and guidelines issued by the Ministry of AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy).
The top court said that homeopathic medical practitioners must comply with the March 6 opinion issued by the AYUSH Ministry, as well as the guidelines for homeopathic doctors for COVID-19 issued by the AYUSH Ministry.
A panel of judges Ashok Bhushan, RS Reddy and MR Shah said: “When scientists around the world are involved in research to find the right drug / vaccine for COVID-19, there is no opportunity to make an observation as is contained in with regard to homeopathic physicians. Homeopathy does not cure the disease, but it cures the patients “.
He said that the guidelines of the Ministry of AYUSH specifically allow the use of homeopathy for the pursuit of three pathways – preventive and prophylactic; COVID-19 symptom management as disease and additional interventions in conventional care.
He said the guidelines clearly indicate that homeopathy has been provided by the ministry as therapeutic help.
The bank in its verdict said that “the guidelines refer to homeopathic medicines as medicines for prophylaxis, amelioration and attenuation”.
However, the guidelines specifically provide that “the prescription should only be given by institutionally qualified practitioners”.
The top court said that it results from the consultation of March 6, 2020 and from the specific position taken by the Ministry of AYUSH that homeopathic doctors are not limited to prescribing homeopathic medicines only as a reminder of immunity.
He said, “We, however, clarify that what is allowed for homeopathic physicians in connection with symptomatic and asymptomatic patients COVID-19 is already regulated by the above recommendations and guidelines.”
The bank said that in its August 21 verdict, the Kerala High Court did not fully understand the March 6 guidelines and adopted a narrow view of the guidelines and made observations for taking appropriate action against homeopathic doctors, who cannot be approved.
The High Court stated that the High Court did not have the opportunity to comment that if any AYUSH qualified physician advertises or prescribes drugs or medicines as a remedy for COVID-19 disease, except as prescribed in the March 6 letter, it is open to the authorities to take appropriate measures in accordance with the provisions of the 2005 Disaster Management Act.
He said the High Court, however, was right in its observation that no doctor could claim to cure COVID-19 and that there was no such claim in other therapies, including Allopathy.
“The High Court is right to note that no request for healing can be made in Homeopathy. It is believed that Homeopathy will be used in the prevention and mitigation of COVID-19, as reflected in the recommendations and guidance issued by the Ministry of AYUSH, as noted above. “said the bank.
The trial court reserved its verdict on December 1 on a plea filed by Dr. AKB Sadbhavana Mission School of Homeo Pharmacy challenging the High Court’s order that AYUSH doctors can prescribe government-approved mixtures and tablets only as a reminder of immunity for COVID- 19.
The center told the top court that it is allowed to prescribe additional drugs, as allowed by the AYUSH Ministry (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy), for COVID-positive patients.
(Except for the title, this story was not edited by NDTV staff and is published in a syndicated stream.)