It was also mentioned that the Union Government provided medical protocols and formulated recommendations, to reduce the spread of the disease, through its numerous expert groups like the Indian Council of Medical Research (ICMR). More than 219 billion doses of vaccine had been given out by the Government of India up to this point, and this was also brought to the High Court’s attention.
The court ruled that ‘professional entities like ICMR and the other statutory authorities are the best judge to decide and to confer permission in respect of medical protocol.’ Medical protocols and guidelines are published after extensive research, and it is not the role of the courts to offer opinions on these matters.
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Considering that COVID-19 infections have nearly been eradicated, the supreme court saw no basis to grant the relief. The petitioners, however, two homeopathic doctors, were given the green light to conduct their study and medication trials as long as they did it in compliance with the law.
In 2020, the petitioners went to court asking for a ruling ordering the Ministry of AYUSH to publicize an intervention regimen using the herb Arsenicum album, Phosphorus, and Tuberculinum (APT) in series to prevent COVID-19 infections. They also asked for guidance from the Union government on whether or not homeopaths may treat moderate instances of COVID-19 using homeopathic remedies, and whether or not severe to critical cases might be treated in hospitals as an adjunct to allopathic medication.
In addition, the petition urged the Ministry of AYUSH to swiftly begin and finish the ‘Arsenicum album – Phosphorus – Tuberculinum (APT) in series intervention protocol’ clinical experiment.
The Ministry of AYUSH’s Central Council for Research in Homeopathy (CCRH) argued that the Ministry’s April 21, 2020 notification, which allowed for research by scientists and researchers of any recognised system of medicine under the Indian Medicine Central Council Act, 1970, the Homoeopathy Central Council Act, 1973, and the National Medical Commission Act, 2019, was a positive step forward for scientific inquiry. Arguments were made that the two homoeopathic doctors were aware of the notification that allowed them and others to conduct the study.
It was the responsibility of the petitioners to begin the trials after receiving consent from the appropriate State authorities, and it was further mentioned that the proposed trial of the petitioner was largely approved by the Ministry of Ayush. Since the CCRH lacks the authority to instruct the State authorities to approve the planned study, the high court ruled that the petitioners had to go back to square one and try to acquire consent from the state authorities all over again.
References:
- Indian Express – https://indianexpress.com/article/cities/delhi/homeopathy-covid-19-delhi-hc-8254801/
- India Times – https://health.economictimes.indiatimes.com/news/industry/icmr-best-judge-to-decide-on-medical-protocol-hc-on-plea-for-homeopathic-treatment-of-covid-19/95240699
Source: Medindia
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