The constitutional obligation of the State to provide medical services and the need for patronage to the Siddha system of medicine.

JUDGMENT :

B. Pugalendhi, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the sixth respondent to conduct the virology study in the medicine submitted by the petitioner called as IMPRO and to inform the result of such test/s to the other respondents as well as to the petitioner, within a stipulated time limit.)

The petitioner, a Graduate in Siddha Medicine, who is now working as a Medical Officer in the Government Siddha Medical College, Palayamkottai, has approached this Court that he formulated a medicine, which is a mixture of 66 Herbs, in the form of powder and this powder, if boiled in water and consumed twice a day, would develop immunity power in the human body and that could prevent as well as cure several diseases. The petitioner named his medicine as 'IMPRO' and sent a representation to the respondents 1 to 5 on 27.04.2020 for a Virology study of his medicine and also applied to the sixth respondent vide their website as well as E-mail on 14.05.2020. Since his representation was not considered by the respondents, he has filed this writ petition.

2. In fact, the Ministry of AYUSH, in its website, invited suggestions based on scientific explanations and proposals on therapies and procedures that could restrain the spread of COVID-19.

3. Considering the track record of the petitioner that he is a qualified Degree Holder in Siddha Medicine, having an experience of 30 years and also working as a Medical Officer in the Government Siddha Medical College, we entertained this writ petition.

4. The petitioner along with his Counsel appeared and submitted that most of the ingredients of the petitioner's medicine are Herbs and the same, if boiled with water and taken twice a day, would increase the immunity power and it would also maintain the equilibrium of Tridoshas, namely, “TAMIL” and there will not be any side effects.

5. Mr.V.Kathirvelu, learned Assistant Solicitor General took notice for respondents 1, 2 & 6 and Mr.K.Chellapandian, learned Additional Advocate General took notice for respondents 3 to 5.

6. Mr.V.Kathirvelu, learned Assistant Solicitor General submitted a written instruction received from the Ministry of Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa and Homoeopathy (AYUSH) that they have received around 3500 such requests and it is humanly impossible for them to take action on all the applications. Moreover, the petitioner, vide his representation, has also sought for patent rights for his 'IMPRO' medicine, which does not come under their purview. However, the learned Assistant Solicitor General placed on record the letter dated 06.03.2020, together with Annexures of the Secretary, Government of India, Ministry of AYUSH, that have been provided by the Government for treating COVID-19.

7. Nilavembu Kudineer and Kabasura Kudineer decoction 60ml, twice a day, is prescribed as one of the preventive method to fight against COVID-19. Another syrup of Adathodai Manapagu is also prescribed in the said advisory issued by the Government and that these advisories are made with the recommendations from Research Councils. Apart from the above Siddha medicines, certain medicines have also been prescribed as Preventive and Prophylactic from Ayurveda, Unani and Homoeopathy system of medicine. Certain Anti-viral Siddha Formulations and Anti-viral Siddha Herbs were also referred to in the guidelines for Siddha Practioners for COVID-19.

8. Mr.K.Chellapandian, learned Additional Advocate General placed on record the written instructions received from the Director of Indian Medicine and Homoeopathy Department along with a copy of G.O.Ms.No.201, Health and Family Welfare (IM I-1) Department, dated 23.04.2020, issued by the Government of Tamil Nadu. Vide the written instructions, the Director of Indian Medicine and Homoeopathy Department stated t