Delhi High Court Closes PIL To Adopt Integrated Treatment System Under Allopathy, Ayurveda, Homeopathy, Etc

The Delhi High Court on Tuesday disposed of a public interest litigation filed by Advocate Ashwini Upadhyay, seeking adoption of “Indian holistic integrated medicinal system" in India.

It was Upadhyay's case that rather than segregated way of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha and Homeopathy in order to secure medical treatment, medical education and consequently medical treatment granted to patients should be holistic and should encompass courses of all branches.

A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela said that the matter needs to be decided by the Union Health Ministry which will take a call on the issue and Court cannot prescribe curriculum of medical education.

Upadhyay had contended that integrated medicinal system should be introduced in ongoing medicinal curriculum, at least in the first year, at both educational and practice level. 

His plea said that a separate curriculum should be launched as MBBS integrated medicine in which both modern and traditional medicine will be a part of same curriculum.

To this, the CJ today orally remarked:

“The problem today is we don't prescribe the curriculum. To decide the study material of first year is not within our domain. Next I'll be determining syllabus of courses. It is not my domain… I am not supposed to be doing all that.”

While disposing of the PIL, the Court noted the stand of Union Government in its affidavit that the Niti Ayog's health and family welfare division has constituted a Committee on the constitution of integrated health policy and to submit a report on the issue.

As the Court was informed that the said Committee has not submitted its report yet, the bench ordered:

“Accordingly, this Court directs the present writ petition to be treated as a representation to the said Committee who in turn is directed to consider the same in accordance with law.”

Upadhyay in his PIL had insisted that the matter involves "Constitutional obligations" of the government; Right to health is guaranteed under Articles 21, 39(e), 41, 43, 47, 48(a), 51A of the Constitution.

"Modern medicine practitioners have remained confined to their own niche which has restricted them to avail knowledge of other medicinal practices and thereby cannot benefit the diseased individuals by using other therapeutic regimens. Moreover, established provisions regarding their practice doesn't permit them to use other medicinal systems in order to provide maximum health benefits. Henceforth, it is highly needed to establish integrated medicinal system to enable those practitioners who are willing to prescribe medicines of other domains," the plea had stated.

Title: Aswhini Upadhyay v. Union of India 

Citation: 2024 LiveLaw (Del) 1253