HC junks plea seeking Homeopathy Treatment for COVID-19, notes ICMR, expert bodies best judge for medical protocol
New Delhi: Dismissing a plea seeking directions allowing homeopathic treatment for mild COVID-19 cases, the Delhi High Court has held that expert bodies like the Indian Council of Medical Research (ICMR) are the best judges to decide and accord approval in respect of medical protocol.
"It is true that homoeopathic medicines are very effective and large number of people throughout the globe are availing homeopathic treatment, but in cases of pandemic, which protocol has to be validated by the government should always be left to the discretion of the government. Decision of the government in such scenarios is based upon expert opinions and the experts are certainly the masters of the field," a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said.
The high court said the petitioners shall certainly be free to go ahead with their research or clinical drug trials strictly in accordance with law.
The petitioners had approached the high court seeking to direct the Ministry of Ayush to notify homeopathic medicines of Arsenicum album – Phosphorus – Tuberculinum (APT) in series intervention protocol to prevent COVID-19 infections and to allow homeopathic treatment of mild cases of COVID-19 and added therapy in severe to critical cases.
The Petitioners prayed for the following reliefs:
"9.1 Issue direction to the Ministry of AYUSH to notify Arsenicum album – Phosphorus – Tuberculinum (APT) in series intervention protocol as second advisory supplementing the first advisory Arsenicum album 30 C as preventive for COVID – 19 on urgent basis;
9.2 Issue direction to the Government of India to allow homoeopathic practitioners to treat mild cases of COVID- 19 by homoeopathic medicines, and for severe cases to critical cases as add-on therapy with allopathic medicine in hospitals if desired by the patient and/ or the party;
9.3 Issue direction to the CCRH, the Ministry of AYUSH, Government of India to undertake the clinical trial on Arsenicum album– Phosphorus – Tuberculinum (APT) in series intervention protocol to preventCOVID-19 immediately and to complete it within a fixed time frame and also to concerned six State Governments for allowing and supporting to conduct the same as approved by the Task Force and CCRH;
9.4 Issue directions to CCRH to prepare homoeopathic nosode from SARS-CoV2 on urgent basis in collaboration with other scientific organizations;
9.5 Issue directions to the Government of India to publish advisory in this regard to be followed by all the State Governments and Union Territories of India;
9.6 Pass any such other order(s) as may be deemed appropriate and fit in the circumstances of the present case."
Respondent No.2 in the case, Central Counsel for Research in Homoeopathy (CCRH) filed a counter-affidavit, stating that the Writ Petition is a blatantly dishonest attempt on the part of the Petitioners to overreach the law. CCRH is an autonomous body under the Ministry of Ayush, Government of India, and during the COVID-19 Pandemic,
Respondent No.1 Ministry of Ayush had invited proposals/ suggestions for identifying potential preventive and therapeutic approaches from Ayush Systems for different stages of treatment of COVID-19 as standalone and/or add-on interventions to conventional care. In the affidavit, it had been stated that large number of proposals were received, and they were scanned by respective Central Research Councils for their validation and recommendation and for further action.
The Ministry of Ayush had also issued a notification dated 21.04.2020 which facilitates undertaking research by scientists/ researchers/ clinicians or any recognized system of medicine under the Indian Medicine Central Council Act, 1970, the Homoeopathy Central Council Act, 1973 and the National Medical Commission Act, 2019.
The CCRH stated that the Petitioners were well aware of the notification issued on 21.04.2022 which certainly permitted the Petitioners and other persons to undertake the research for COVID-19 through Homoeopathy system including prophylactic measures.
The proposal of the Petitioners was accepted in principle and communicated to them vide letter dated 01.06.2020.
It was mentioned that the proposed trail of the Petitioner was principally approved by the Ministry of Ayush, and it was the duty of the Petitioners to initiate the trails after getting approvals from the respective State authorities. The Petitioners instead of getting approval from the State authorities/ failing from getting approval from State authorities started approaching the members and the Chairman of the Central Advisory Body of CCRH, and the CCRH does not have the power to direct the State authorities to permit the proposed Study. Therefore, as the Petitioners being the Principal Investigators failed to get written approval from the State Health Authorities, they have not submitted any report to the CCRH.
The CCRH further stated that in respect of issue raised by the Petitioners allowing Homoeopathic treatment of mild/ critical cases of COVID-19 by Homoeopathic physician, the Ministry of Ayush has issued guidelines for Homoeopathic practitioners for COVID-19, and they are certainly available on the website, and the State Authorities were competent authorities to grant necessary permission on the subject in respect of use of Homoeopathic medicines for mild and critical cases of COVID-19.
Saying that Petitioners did not carry out the clinical trails and want a blanket order to be issued which is impermissible in law, the Ministry and CCRH sought dismissal of the plea.
The bench was informed that the Government of NCT of Delhi has constituted a five-member advisory committee to suggest various steps of Homoeopathic system of medicines for prevention of treatment of COVID-19 infection vide order dated 30.05.2020, and based upon recommendations of the Advisory Committee, the Government of NCT of Delhi has started a separate study at large scale for use of certain Homoeopathic medicines, and the study is likely to be completed very soon.
Taking all the contentions into consideration, the bench noted, "Various status reports have been filed from time to time and the fact remains that at the relevant point of time when the Writ Petition was filed, the infection rate of COVID-19 was very high. The Government of India through its various expert bodies like ICMR, when the entire world was struggling with COVID-19 pandemic framed various guidelines, and issued various medical protocols for curbing the infection rate, and as has been brought to the notice of this Court that more than 219 crores doses of vaccines have been administered by Government of India till date."
The bench opined that the expert bodies like ICMR and the other statutory bodies are the best judge to decide and to accord approval in respect of medical protocol. "It is not for the Courts to comment upon the medical protocols and the guidelines framed on the subject which are, in fact, issued after great research on the subject."
It is true that Homoeopathic medicines are very effective and large number of people throughout the Globe are availing Homeopathic treatment, but in cases of pandemic, which protocol has to be validated by the Government should always be left to the discretion of the Government. Decision of the Government in such scenarios is based upon expert opinions and the experts are certainly the masters of the field
The High Court refused to grant relief to the petitioner and said:
This Court at this juncture does not find any reason to grant relief as prayed for by the Petitioners. However, the Petitioners shall certainly be free to conduct a drug trial by following statutory provisions of law specially keeping in view the affidavit filed by Respondent No.2 i.e. CCRH. The Petitioners have not been stopped by any authority to conduct research, and the affidavit filed by the Respondent No.2 makes it very clear that a procedure has been laid down for conducting clinical trials, and nobody has prevented the Petitioners to conduct clinical trials and to obtain necessary permission required under the law.
The high court said though the infection rate was very high, the government through its medical protocol was able to control the pandemic and at present, the government has been able to vaccinate majority of the population as more than 219 crores doses of COVID-19 vaccines have been administered.
It said all kind of specialised treatments have been made available to the last man in the society.
The bench said at this juncture, especially when the COVID-19 infections have come almost to an end, the court 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 law," the bench added.
