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Synopsis

The Delhi High Court on Thursday allowed the Indian Medical Association (IMA), a body of practitioners of modern medicine and Patanjali, to intervene in a public interest litigation seeking the introduction of a holistic healthcare system that includes yoga and a clutch of ancient prophylactic and curative treatments offered by Ayurveda and Unani medicine.

The division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora was hearing a Public Interest Litigation (PIL) filed by a practicing lawyer, Ashwini Kumar Upadhyay, seeking directions to the Centre to adopt an Indian holistic integrated medicinal approach rather than a colonial segregated way of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Sidda, and Homeopathy to secure the right to health. 

The bench allowed an impleadment application by the IMA and Patanjali after the petitioner, lawyer Ashwini Kumar Upadhyay, said he had no objections.

"The present application is allowed. Respondents, including the newly impleaded respondent, will file their replies,” the bench ordered. 

In October 2023, the court directed the "20-member Committee of Integrated Health Policy," constituted by the NITI Aayog, to expedite the process and to submit its report at the earliest. 

The present plea sought to implement a Holistic Integrated Common syllabus and Common Curriculum of Allopathy, Ayurveda, Yoga, Naturopathy, Unani, Siddha, and Homeopathy for all medical colleges to secure the right to health.

Upadhyay in his plea submitted that despite huge investment, the current healthcare system in India is not able to meet its standards and benefits the Indian population to fight against acute and chronic diseases. “Health care delivery in India is classified under three categories primary, secondary and tertiary care. All three levels need to work cohesively to help deliver healthcare on all four pillars”, he added.

The petitioner also submitted that in the healthcare system in India, sub-centers and primary health centers subsidize the primer level of HCS, however, hospitals and medical colleges are considered at the tertiary level of HCS.

The petitioner further submitted that on September 15, 2020, in Rajya Sabha on the question of availability of doctors per capita, the Minister of State, Ministry of Health and Family Welfare said that as per information provided by the Board of Governors in suppression of Medical Council of India (MCI), 12,55,786 Allopathic doctors are registered in MCI.

Assuming 80 percent availability, it is estimated that around 10 lakh doctors may be available for active service. It gives a doctor-population ratio of around 1:1500 as per the current population estimate.

“There are 7.88 lakh Ayurveda, Unani, and Homeopathy (AUH) doctors. Assuming 80 percent availability, it is estimated that 6.30 lakh AUH doctors may be available for service and considered together with allopathic doctors, it gives a doctor population ratio of around 1:1000,” the plea stated.

“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,” read the plea.

 Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.