The government and expert bodies have the authority to decide and approve medical protocols, especially in pandemic scenarios.

JUDGMENT

1. The Petitioners before this Court have filed this present Writ Petition by way of a Public Interest Litigation (PIL) for issuance of appropriate writ, order or direction directing the Respondent Union of India and its functionaries to notify Homoeopathic medicines of Arsenicum album - Phosphorus - Tuberculinum (APT) in series intervention protocol to prevent COVID-19 infections, and to allow Homoeopathic treatment of COVID-19 mild cases with Homoeopathic medicines standalone and added therapy in severe to critical cases.

2. The Petitioners in short are praying for issuance of writ of Mandamus to Government of India for including Homoeopathic medicines for treatment of COVID-19 infections. The Petitioners have 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.'

3. The Respondents have filed a reply in the matter and various status reports have also been filed from time to time. The Respondent No.2 Central Counsel for Research in Homoeopathy (hereinafter referred to as 'CCRH') has filed a counter-affidavit, and it has been stated that the Writ Petition is a blatantly dishonest attempt on the part of the Petitioners to over reach the law.

4. It has been stated that the Respondent No.2 CCRH is an autonomous body under the Ministry of Ayush, Government of India, and during the COVID-19 Pandemic, the Respondent No.1 Ministry of Ayush 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. It has also 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.

5. It has been further stated that the Ministry of Ayush has 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.

6. It has been 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.

7. It has also been stated that the Petitioners were certainly at a liberty to undertake trails for the COVID-19 following the guidelines framed on the subject. The proposal of the Petitioners was accepted in principle and communicated to them vide letter dated 01.06.2020.

8.