Homeopathy is effective but cannot pass order to allow it for COVID treatment: Delhi High Court

The Delhi High Court recently said that though homeopathic medicines are very effective and used across the globe, the Court cannot pass directions to allow the same for COVID-19 treatment [Dr. Ravi M. Nair & Anr. vs. Union of India & Anr.]..A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that in case of pandemics like the COVID-19, the medical protocol to be followed should be determined by statutory expert bodies like the Indian Council of Medical Research (ICMR)."It is true that Homeopathic 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 Court said.The Court added that it cannot comment upon the medical protocols and the guidelines framed on the subject which are issued after painstaking research by experts."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 Court said.The Court, therefore, dismissed a public interest litigation (PIL) seeking a direction to the Central government to allow homeopathic treatment for COVID-19..The petitioner Dr. Ravi M Nair moved the seeking a direction to the Central government and its functionaries to notify homeopathic medicines of 'Arsenicum Album – Phosphorus –Tuberculinum' (APT) in series intervention protocol to prevent COVID-19 infections.Further, the plea sought a direction to allow homeopathic treatment for mild COVID-19 cases with homeopathic medicines standalone, and with added therapy in severe to critical cases..The Court said that although in India, the COVID-19 infection rate was very high, the government through its medical protocol was able to control the pandemic, and managed to vaccinate a very large majority of the population."In India, 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 a very large majority of the Population (more than 219 crores doses of COVID-19 vaccines have been administered), and all kind of specialised treatments have been made available to the last man in the society," the Court noted.Finally, the Court said that at the present juncture it did not find any reason to grant the relief sought by the petitioner. However, the Court clarified that the petitioners will be free to conduct drug trials 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," the Court ordered..Advocates Suvidutt MS, Somlagna Biswas and Chandy Oommen appeared for the petitioners.Advocates Anurag Ahluwalia, Danish Faraz Khan, Isha Thakur and Sunil Narula appeared for the respondents..[Read order].Kerala High Court declines relief in plea against giving Homeo medicines to school children as COVID preventive.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.