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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ravi M Nair – Appellant
Versus
Union Of India – Respondent
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
The government and expert bodies have the authority to decide and approve medical protocols, especially in pandemic scenarios.
The court emphasized that medical protocols and treatment guidelines during a pandemic are to be determined by government expert bodies, not by judicial intervention.
Homoeopathic Medicine - Practice and experience in treating chronic illnesses including viral diseases - It is respectfully reiterated that Ministry of AYUSH has clearly permitted homeopathic medical....
The court upheld that government policy decisions during a pandemic should not be interfered with, prioritizing public health over individual rights.
The court emphasized that medical treatment protocols should remain within the jurisdiction of healthcare experts rather than being subject to judicial interference, especially concerning the managem....
The main legal point established is the need for immediate availability of essential drugs, such as Tocilizumab, for critically ill COVID-19 patients and the provisions of the Patents Act allowing fo....
During a national emergency, the government can exercise powers under the Patents Act to ensure the availability of essential drugs, emphasizing public health needs amid a pandemic.
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