Homeopathic practitioner Jayaprasad filed a petition for a writ of mandamus. He contended that the Kerala State Health Department was intimidated to take action against him under the Disaster Management Act if he treats Covid 19 patients, which was a violation of his right under Article 19(1)(g).

The Kerala High Court ruled that qualified homeopathic doctors can prescribe immunity booster medicines for Covid-19 patients as well as preventive medicines. Moreover, it was held that there is no prohibition imposed by the Government of India on Homoeopathy for the treatment of patients in its AYUSH recommendations. AYUSH is the Ministry of Ayurveda, Yoga, Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homoeopathy is purposed with developing education, research, and propagation of indigenous alternative medicine systems in India.

The State Medical Protocol issued by the Centre invoking the provisions of the Disaster Management Act directing that Covid-19 affected persons should only be treated by the Government and those hospitals authorized by the Government. The petition contended that nothing was prohibiting qualified medical AYUSH practitioners to prescribe an immunity booster mixture or tablets suggested by the Ministry of AYUSH, which also includes homeopathy practitioners.

This came after the petitioner highlighted that the Apex Court has upheld the right of Homoeopathic Practitioners to treat Covid-19 patients. Justice N Nagaresh ruled in favor of allopathic medical practitioners deciding that a qualified homeopathic physician can dispense preventive and prophylactic homeopathic medicines for Covid-19. It was also held that they are permitted to prescribe add-on medicines authorized by the Guidelines with the approval of the concerned authorities and the consent of the patient/guardian. The advertisements of homeopathic treatment for Covid are prohibited.

-Report by Muskan Chanda

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