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DELHI HIGH COURT
SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ravi M Nair (Dr.) – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petition for homoeopathic treatments for covid-19. (Para 1 , 2) |
| 2. respondents argue against the petitioners' claims. (Para 3 , 4 , 5 , 6 , 8 , 9 , 10) |
| 3. court recognizes government authority in medical protocols. (Para 12 , 13 , 14 , 15) |
| 4. petitioners can pursue research within legal frameworks. (Para 16 , 17) |
| 5. writ petition dismissed. (Para 18) |
JUDGMENT
Satish Chandra Sharma, C.J.
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 Ministr
The court emphasized that medical protocols and treatment guidelines during a pandemic are to be determined by government expert bodies, not by judicial intervention.
The government and expert bodies have the authority to decide and approve medical protocols, especially in pandemic scenarios.
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 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 court upheld that government policy decisions during a pandemic should not be interfered with, prioritizing public health over individual rights.
![Lord Balaji Educational & Charitable Trust Rep. by its Chairman, Dr. S. Rajamanickam, Salem VS Government of India Rep. by its Secretary, Ministry Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy [AYUSH], New Delhi - 2022 Supreme(Mad) 3192](https://supremetoday-s3.b-cdn.net/Madras_1.png)
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....
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