Delhi High Court Dismisses Plea To Analyse Electro Homeopathic Prescriptions For Recognition As Alternative Medicine

The Ministry of Health and Family Welfare formed an Inter-Departmental Committee to assess the recognition of alternative medicine systems, including Electro Homeopathy. The Homeopathy Pharmacopoeia Laboratory (HPL), serves as a national lab for setting standards and testing homeopathic medicines under the Drugs and Cosmetics Act, 1940.

In a meeting conducted by the Inter-Departmental Committee on February 19, 2021, it was concluded that Electro Homeopathy lacked sufficient scientific data, preventing a proper evaluation of its viability.

The petitioner contended that the Second Schedule of the Drugs and Cosmetics Act recognises the German Homeopathic Pharmacopoeia, which includes the Krauss and Zimpel prescriptions for manufacturing Electro Homeopathic remedies. Since tinctures cannot be produced, it was urged that analysis of the Krauss and Zimpel prescriptions by HPL would enable the Inter-Departmental Committee to assess whether Electro Homeopathy could be an alternative system of medicine.

Justice Subramonium Prasad stated that the recognition of a new or alternate system of medicine is purely a matter of policy and that courts do not form or interfere with policies.

The Court referred to the case of Academy of Nutrition Improvement & Ors. v. Union of India (2011 AIR SCW 6281), where the Supreme Court observed that courts generally refrain from interfering with government policy decisions on public health, especially when these are based on thorough research and expert input. It was stated that the courts do not substitute their own views on what is wise or prudent for those established by qualified professionals with relevant expertise.

It stated that HPL is only obliged to carry out the functions as mentioned under the Drugs and Cosmetics Act and the Rules. Observing that clinical studies are not covered under its purview, Court held  HPL is not obliged to analyse the electro-homeopathic medicines.

“In any event, the stand of Respondent No.2 that since Electro Homeopathy is not covered in Rule 2(dd) and Second Schedule of the Drugs and Cosmetics Act and the Homeopathic Pharmacopoeia, the analysis of the electro-homeopathic medicines will not fall within the purview of Respondent No.2 and does not require any interference.”

The Court also refused to interfere with the Inter-Departmental Committee's position of not accepting applications from individuals. It remarked “It is for the Petitioner to get in touch with the other organizations which are trying to make out their case of recognizing Electro Homeopathy as a new/alternate form of medicine.”

The Court thus dismissed the petition.

Case title: Deepak Sinha vs. Ministry Of Health And Family Welfare & Anr. (W.P.(C) 11217/2021)

Citation: 2024 LiveLaw (Del) 785

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