Supreme Court of India on Homeopathy and its relevance in Covid-19

 

Introduction

 

In the present case, Dr. AKB Sadbhavna Mission School of Homeo Pharmacy v. Secretary, Ministry of Ayush & Others, Civil Appeal No. 4049/2020, a question arose before the Supreme Court of India as to the relevance of homeopathic system and medicine for the treatment of Covid-19. Let us understand the same.

 

Pleadings and Facts

 

1. The Government of India issued Advisory dated 06.03.2020 (in short, “Homeopathic Advisory”) in relation to usage of Homeopathic medicines and AAYUSH medicine system to all the states, in relation to the ongoing pandemic of Coronavirus (Covid-19).

 

2. It was pleaded that the State of Kerala did not take steps to implement the abovementioned Homeopathic Advisory.

 

3. The Petitioner pleaded that Homeopathic System would have been able to control the spread of Covid-19 through its immunity boosting medicines and had it been distributed earlier, the Covid-19 would not have spread like it has.

 

4. The Petitioner sought the following relief: -

 

“To issue a Writ of Mandamus or any other Writ or Order directing the third respondent to ensure that the Homeopathic practitioners are immediately allowed to perform in accordance with the Exhibit P-1 notification.”

 

Homeopathic Advisory dated 06.03.2020

 

This advisory provided that certain homeopathic medicines could be taken in consultation with qualified AYUSH physicians for prevention, prophylaxis, symptomatic management, add on intervention to conventional care.

 

Homeopathic Practitioners (Professional Conduct, Etiquette and Code of Ethics) Regulations, 1982

 

The Court cited Regulation 6 of the above-stated Regulations states that any form of advertising by homeopathic practitioners is unethical and should not allow any other person to advertise in a manner that may result into self-aggrandisement. Further, homeopathic practitioners are not allowed to publicize themselves by publishing cases or letter of thanks from patients in non-professional newspapers or journals.

 

Final Observations by the Court

 

1. In light of the statutory regulations prohibiting advertising, the Homeopathic medical practitioners cannot advertise that they are competent to cure Covid-19 disease and “homeopathy does not cure the disease, but it cures the patients.”

 

2. The Homeopathic Advisory dated 06.03.2020 by the Ministry of AYUSH makes it clear that the Homeopathy has been envisaged as a therapeutic aid and specifically states that “the prescription has to be given only by institutionally qualified practitioners.”

 

3. No medical practitioner can claim that it can cure COVID-19 and there is no such claim in other therapy including allopathy.

 

4. Homeopathic medical practitioners have to follow the Homeopathic Advisory dated 06.03.2020 as well as guidelines for Homeopathic medical practitioners for COVID-19, issued by Government of India, Ministry of AYUSH.

 

Concluding Remarks

 

There is a lot of confusion prevalent with respect to the Covid-19 disease. In such uncertain times, the number of medical quacks who dupe people is on a rise. It is certainly a welcome judgment for both the homeopathic as well as non-homeopathic practitioners. The Court adopted a scientific approach and rightly said that the claim to cure Covid-19 cannot be made by anybody and the scientists all over the world are working to find a solution. I hope that people follow the guidelines issued by the doctors and medical institutions in letter and spirit and do not fall prey to quackery and superstition.