The Delhi High Court on Tuesday ruled that though homeopathic medicines are quite effective and a large number of people throughout the globe are availing homeopathic treatment, but in cases of pandemic, it shall always be left to the discretion of the government to decide which medical protocol shall be validated.
The court ruling came in a plea filed in 2020, when the Covid-19 pandemic was at its peak, seeking a direction to the Centre to allow the use of homeopathic medicines for treatment of Covid-19 infections.
The petition sought notification of Homoeopathic medicines of Arsenicum album–Phosphorus–Tuberculinum (APT) in series intervention protocol to prevent COVID-19 infections, and to allow treatment of mild cases of Covid-19 with homoeopathic medicines standalone and for severe to critical cases, as an add-on therapy with allopathic medicines.
The Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, disposed of the instant petition while observing that the courts cannot pass directions in respect of the medical protocol to be followed to curb the infection rate during pandemics as it is the domain of the expert bodies like Indian Council of Medical Research (ICMR) and other statutory bodies to accord approval upon the medical protocols, which is done after great research on the subject.
“In the considered opinion of this Court, 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,” the bench noted.
“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 bench added further.
The bench also noted that though the Covid-19 infection rate was very high in our country, the government through its medical protocol was able o control the pandemic and managed to administer the vaccinations against Covid-19 to a large majority of the population.
The bench, however, granted liberty to the petitioner to conduct clinical trial in respect of Covid-19 treatment through homeopathy system by following statutory provisions of law.
“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 law,” read the order.
Read order below
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