Prerna Gala
Published on: 10 September 2022 at 19:00 IST
The Centre government informed the Delhi High Court in Ashwini Upadhyay v. Union of India & Ors that the right to practise any profession under Article 19(1)(g) of the Constitution is subject to laws relating to regulatory measures and professional conduct and that there can be no compromising on the professional standards of medical practitioners.
“… the regulatory measures on the exercise of this right, both with regard to standard of professional qualification and professional conduct have been applied keeping in view not only the right of the medical practitioners but also the right to life and proper health care of persons who need medical car and treatment; there can be no compromise on professional standards of medical.”
On Thursday, a bench consisting of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad heard the petition.
A Public Interest Litigation (PIL) petition filed by BJP politician Ashwini Upadhyay asking for the unification of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, and other systems of medicine as well as a single curriculum for all medical institutes received a response from the government.
Instead of the colonial “segregated manner of medicine” that is now used in India, Upadhyay has called for the adoption of an “Indian holistic integrated medicinal approach.“
The affidavit noted that there are various acts governing allopathy, the Indian system of medicine, and homoeopathy but avoided taking a position on whether the government supports their unification and the creation of a unified curriculum.
According to their training and teaching, institutionally qualified practitioners of Ayurveda, Siddha, Unani Tibb, and Homeopathy are permitted to practise their respective systems, including surgery, gynaecology, obstetrics, anaesthesia, ENT, and ophthalmology.
The government also stated that a committee on the formulation of integrative health policy has been established by the health and family welfare division of NITI Aayog to review and submit a report on the “framework of comprehensive integrative health policy to achieve inclusive, affordable, evidence-based healthcare.“
According to the government, the committee will also recommend ways to effectively implement integrative healthcare through clinical practise, clinical research, and education, as well as a road map for disease prevention and health promotion in national programmes based on a modern traditional integrative approach.
The Court, however, postponed the hearing until November 11 since the government’s response was not on the record.
In a week, the Patanjali Research Institute, run by Baba Ramdev, also lodged an application in support of Upadhyay’s PIL.
The Court has instructed Patanjali to file a plea for intervention within a week.