• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Kerala High Court ruled physicians qualified in homoeopathy can prescribe medicines for COVID -19

Latest News

Back

Kerala High Court ruled physicians qualified in homoeopathy can prescribe medicines for COVID -19

Courtesy/By: Prerna Prasad  |  10 Jun 2021     Views:575

Kerala High Court ruled physicians qualified in homoeopathy can prescribe medicines for COVID -19

While hearing a civil writ petition the Kerala High Court on 2nd June ruled that the qualified homeopathy practitioners can prescribe medicines for combating COVID- 19.

FACTS OF THE CASE-

Dr. Jayaprasad Karunakaran, a well trained and experienced homeopathic practitioner pleaded before the court to grant a writ of Mandamus as he was restricted by the respondents (Union of India and State of Kerala) from doing the treatment of COVID-19 patients. The petitioner even contended that the officials of the State Health Department threatened him of taking action against him under the Disaster management Act after he attempted to treat COVID-19 patients at Thiruvanthapuram.

The appellant is a specialist in treating chronic illness including viral diseases. In fact on the basis of his skills and experience he has done treatment of serious COVID patients in the foreign countries and has successfully saved numerous lives.

PETITONER’S ARGUMENTS-

A learned counsel on behalf of petitioner, Sri V.T. Madhavanunni argued on the basis of recent judgment passed by the Supreme Court where it had sustained the rights of Homoeopathic Practitioners to treat COVID-19 patients. He condemned the invoking provisions of the Disaster Management Act as illegal and arbitrary. He further asserted that the action of the Government authorities were in violation of Article 19(1) (g) of the Constitution. Additionally he expressed the failure of Union Ministry in following and implementing the guidelines issued by Ministry of AYUSH (Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy) under Ext. P5.

RESPONDENT’S ARGUMENTS-

The learned Assistant Solicitor General of India, Sri P. Vijayakumar on the behalf of Union of India submitted that there is no hindrance from the end of Government of India regarding utilization of Homeopathy for treatment of COVID patients and reported that it is following Ministry of AYUSH recommendation issued under Ext.P2.

On the other hand the learned counsel on behalf of State of Kerala stated that an expert committee has been formed for chartering the protocols for treatment and management of COVID-19. The use of homeopathic medicines as prophylactic was approved. However, COVID-19 patients or their contacts or those people in quarantine were not intended to be included within this ambit

In view of the recent judgment of the Supreme Court, Government of Kerala modified its circular in which the qualified Homoeopathic Practitioners were advised to follow advisory and guidelines issued by the Ministry of AYUSH as well as orders issued by the Government of Kerala. However, homeopathic practitioners shall not make any claims regarding effectiveness of medicines prescribed.

ISSUES-

The main issue raised in this case was-

  • To what extent can the homeopathic medical practitioners treat COVID-19 patients and prescribe medicines?

Statutory provision and circulars-

According to Section 34 of the National Commission of Homeopathy Act only the persons enrolled in the State Register or the National Register are permitted to practice Homoeopathy.

As per the Medical Protocol of State of Kerala regarding COVID-19 pandemic, the authorization of treating COVID-19 patients is limited to Government and government approved bodies.

However, nothing as such is mentioned in the protocol which proscribes the qualified medical AYUSH practitioners (including Homoeopathy Practitioners) to prescribe immunity booster mixture or tablets as recommended by the Ministry of AYUSH, Government of India.

In response to the circular issued by Ministry of AYUSH, the Government of Kerala issued GO (RT) on 8th April 2020 outlining Action Plan concerning COVID-19 prevention and mitigation. It positively applauded Ayurveda strategies but was silent on any action plan for Homoeopathy strategies for prevention, mitigation or rehabilitation of COVID-19 patients in Kerala. However, a few days later on 21st April 2021 in another notification approved the action plan outlining homoeopathy strategies for preventing and managing COVID-19 in Kerala. It listed down the details of strategy, setting up of communication platform, establishing necessary linkages, preparedness and readiness, implementation of the program and distribution of Homoeopathy Immune Booster. However, in the said action plan COVID-19 patients, their contacts or those under quarantine were excluded.

The Supreme Court had ruled in the similar case that homoeopathy practitioners can prescribe medicines as add on to conventional treatment without advertising and administering them as cure.

Court’s Decision-

After the detailed analysis of the guidelines issued by Ministry of AYUSH, Government of India, judgment of Supreme court and division bench of this court in the similar petition,  Justice N. Nagaresh came to the conclusion stating-

  1. A physician qualified in homoeopathy can prescribe and dispense preventive and prophylactic homoeopathic medicines, for preventing Covid-19.
  1. The physicians can refer to Homoeopathy to combat symptoms of COVID-19 like illness.
  1. The Homeopathic physician may use homeopathy medicines as add on to the conventional cases of COVID-19. The court clearly noted that such prescription of the medicines must be as adjuvant to Standard Management Guidelines in the hospital setting along with the approval of authorities concerned and the consent of the patient/guardian.
  1. Considering Regulation specified under 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, the court completely put restriction on any sort of advertisement by Homeopathic physicians.

The court further granted relief to Dr. Jayaprasad Karunakaran by stating that it will ensure that the respondents shall not further restrict in any manner from practicing Homeopathy as per the guidelines issued by the Ministry of AYUSH, Government of India and the judgment of the Supreme Court.

 


Document:


Courtesy/By: Prerna Prasad  |  10 Jun 2021     Views:575

News Updates

The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6012
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5436
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5418
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5210
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5235
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:4880
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5262
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5253
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5371
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5556
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5262
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5235
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5187
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5306
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5263
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5589
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5415
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6254
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5380
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5726
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5624
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:5816
World Health Assembly Revises International Health...
21 Jul 2024     Views:5667
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5780
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5567
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:8955
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7497
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7539
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7334
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8293
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7636
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6176
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:6953
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6215
Exploring the Differences between the US and India...
29 Jun 2023     Views:6220
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6468
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6168
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6150
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6198
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6162
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6521
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6018
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6049
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6493
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6691
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6267
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6703
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8675
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6701
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6363
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12011
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6084
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:6938
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6512
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6215
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6447
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6088
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6537
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6209
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6656
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:6870
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7097
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:10986
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6308
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6172
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7299
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6020
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6032
Scope of Section 151 CPC...
13 May 2023     Views:7611
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6559
Scope of Decree under CPC...
10 May 2023     Views:6110
Legal development of Arbitration Laws in India....
09 May 2023     Views:6156
Arbitration Laws in India...
07 May 2023     Views:6100
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8200
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6380
Same-Sex Marriage in India...
30 Apr 2023     Views:6022
National Commission for Women...
27 Apr 2023     Views:5872
Law making process of India....
26 Apr 2023     Views:6961
Bail Provisions in India...
25 Apr 2023     Views:5898
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6314
Contempt of Court...
23 Apr 2023     Views:6152
The collegium system of Judiciary in India....
22 Apr 2023     Views:5838
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:5835
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:5996
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8430
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7037
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6118
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:5831
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6041
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5604
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:5824
Law should take into consideration realities of co...
10 Apr 2023     Views:5655
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6254
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6374
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6101
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6580
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:5883
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6023
Person Who Drove Rashly with the Knowledge that it...
12 Jan 2023     Views:6610
The rigours of Section 37 of the NDPS Act cannot b...
11 Jan 2023     Views:6348
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96333
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:73905
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71321
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70455
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:59822
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.