Delhi HC agrees to implead IMA as party in PIL for adopting integrated medicinal approach

The Delhi High Court on Thursday agreed to implead Indian Medical Association as a party in the matter/petition seeking direction to adopt the Indian Holistic Integrated Medicinal Approach rather than Colonial Segregated way of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha, and Homeopathy in order to secure the right to health.
The Bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora on Thursday allowed the Intervention Application moved by the Indian Medical Association and implead it as a party in the case.
The court also asked the freshly added party to file their reply in the matter and listed the matter for May 13, 2024, with the main matter.
The court also asked the Ministry of Health and Ayush to file a reply in the present Public Interest Litigation within 4 weeks.
The court had earlier allowed the intervention application of Yog-guru Baba Ramdev’s Patanjali research institute application to be a party in the matter.
Earlier the predecessor bench had issued notice to the Union of India through the Ministry of Health & Family Welfare, Ministry of Ayush, Ministry of Women & Child Development, Ministry of Home Affairs and Ministry of Law & Justice in the matter.
Centre in its affidavit submitted that NITI Aayog, Health and Family Welfare Division, has constituted a Committee on the formulation of the Integrative Health Policy Office Memorandum dated August 13, 2020, to examine and submit its report on the following terms of reference, 1) Propose framework of comprehensive integrative health policy to achieve an inclusive, affordable, evidence-based healthcare, 2) Suggest recommendations for effective implementation of integrative healthcare through Education, Research and Clinical Practice and Propose roadmap for disease preventive and health promotion in National programmes based on modern and traditional integrative approaches.
The plea sought direction to implement a Holistic Integrated Common Syllabus and Common Curriculum of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha, and Homeopathy for all Medical Colleges in order to secure the right to health.
The petitioner, Ashwini Kumar Upadhyay, a practising lawyer and BJP leader submitted that despite huge investment, the current healthcare system of India is not able to meet its standards and benefit the Indian population to fight against acute and chronic diseases.
The petitioner submitted that in the healthcare system of India, Sub-Centers and Primary Health Centers subsidize the primary level of HCS; Community Health Centre contribute to a secondary level of HCS; although hospitals and medical colleges are considered in the tertiary level of HCS.
The petitioner further submitted that the suggested holistic integrated medicinal approach will favour the financially deprived section of the Indian population as this approach will be pocket-friendly with high reach and will be able to cover such a huge dense population of the country thus making the medical education available for one and all and to support evidence-based medicine not any particular pathy.
It will also help them to build a sense of responsibility to serve their society which cannot be possible in the case of modern medicine, he added.
“To establish an integrated medicinal system, the Government has already made certain amendments to enable these provisions to become a part of health care policies. But so far adopted strategies are not sufficient to provide an adequate platform for an integrated medicinal approach. Therefore, it is mandatory to make appropriate amendments to legalize the status of the integrated medicinal system,” the plea stated