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Synopsis

The Supreme Court of India today issued notice to the Union of India in a Public Interest Litigation (PIL) filed by Advocate Ashwini Upadhyay, seeking the inclusion of Ayurveda, yoga, and naturopathy in the Ayushman Bharat scheme.

A bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, while issuing notice on the plea, sought a reply from the Union.

Upadhyay's PIL seeks directions to the central and state governments to include Ayurveda, Yoga, and Naturopathy in the National Health Protection Mission (PM-JAY)—Ayushman Bharat, in order to secure the citizens' right to health. It contends that healthcare facilities provided under Health and Wellness Centers (HWCs) and PM-JAY are incomplete and do not align with the fundamental rights enshrined in the Constitution.

The PIL further highlights that India is a country rich in various great traditions of sages and has clear evidence of this in various available scriptures, Vedas, Puranas, Upanishads, etc. "Unfortunately, due to various policies created by foreign rulers and individuals with a colonial mindset, our cultural, intellectual knowledge, and scientific heritage have been systematically eroded. Along with this, these foreigners, motivated by a profit-oriented approach, have thoughtfully implemented many laws and schemes during the time of our country's independence that have slowly undermined our rich heritage and history," PIL reads.

Notably, on 31 January, the Delhi High Court had dismissed the said Public Interest Litigation (PIL) as no counsel appeared for either side "The petition is dismissed in default on account of non-prosecution," the bench ordered.

In November 2023, the High court's bench had issued notice to the Ministry of Ayush, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Health and Family Welfare, and the Delhi Government. Accordingly, the court sought their response on the PIL within eight weeks and listed the matter for consideration on January 29, 2024.

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