Decide Plea To Include Ayurveda, Yoga In Ayushman Bharat PMJAY Scheme Expeditiously: Delhi High Court To Ayush Ministry

The Delhi High Court has directed the Ministry of Ayush to treat as representation a public interest litigation seeking inclusion of Ayurveda, Yoga and Naturopathy in Union Government's public health insurance scheme Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY).

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed the Ministry to decide the representation by way of a reasoned order as expeditiously as possible.

The court disposed of the PIL filed by BJP leader and Advocate Ashwini Kumar Upadhyay. The plea was dismissed in default due to non-prosecution. However, the court restored it today after an application was filed seeking restoration of the matter.

The court perused the counter affidavit filed by the Ministry of Ayush stating that it is taking steps, in coordination with the Union Ministry of Health and Family Welfare, to include Indian healthcare system in the national healthcare protection mission PM-JAY.

“In view of the said fact as well as the fact that the petition has been filed without making any representation to the respondents, this court disposes of the present petition with a direction to the respondent no. 2 (Ministry of Ayush) to treat the writ petition as a representation and decide it by way of a reasoned order as expeditiously as possible,” the court said.

It added that in the event Upadhyay is aggrieved by the decision of the Ayush Ministry, he shall be at liberty to file appropriate proceedings in accordance with law.

It clarified that the court has not expressed any opinion on the merits of the controversy.

It was Upadhyay's case that the Central Government's scheme is limited to allopathic hospitals and dispensaries, while India boasts various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani and Homeopathy, “which are rooted in India's rich traditions and are highly effective in addressing the healthcare needs of the present time.”

Stating that India is a country rich in various great traditions of sages which is also mentioned in various available scriptures, Vedas, Puranas, Upanishads, etc, the plea read:

“Unfortunately, due to various policies created by foreign rulers and individuals with a colonial mindset, our cultural, intellectual knowledge, and scientific heritage have been systematically eroded. Along with this, these foreigners, motivated by a profit-oriented approach, have thoughtfully implemented many laws and schemes during the time ofour country's independence that have slowly undermined our rich heritage and history.”

Upadhyay had submitted that it is duty of the State to re-establish the country's powerful civilization, rich knowledge and cultural heritage. However, he has added that the Indian healthcare system is not covered under the Ayushman Scheme.

“It's important to note that, according to the fundamental spirit of the Constitution, Indian citizens have the right to health, and they also have the right to choose their preferred treatment and doctor. Therefore, it is the government's responsibility to take steps in this direction. Health services should have widespread accessibility, allowing everyone to access various types of services and ensuring the quality of these services is sufficient to improve people's health,” the plea stated.

Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS

Citation: 2024 LiveLaw (Del) 410