Read Time: 07 minutes

Synopsis

The Delhi High Court on Monday 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 division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula was hearing a Public Interest Litigation (PIL) filed by a practicing lawyer, Ashwini Kumar Upadhyay seeking directions to the Centre to adopt 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. 

At the outset, Upadhyay, the petitioner appearing in person submitted, “I am only seeking a holistic integrated system. There are many diseases that can be cured without any operation. I have personal experience… A 20-member committee has been constituted by the NITI Aayog. I am waiting for their report”.

Upadhyay informed the court that on the previous hearing, the NITI Ayog had informed the court that they had constituted a 20-member committee.

Additional Solicitor General (ASG) Chetan Sharma for the Centre also apprised the court about the committee and suggested that it may be directed to expedite.

“He has a point. All different branches have a different wealth of knowledge. If some basic knowledge can be used…integrated”, Justice Narula said.

The ASG said, "In fact, the Patanjali is doing it. They are using the diagnostics of the allopathy system and the research and data evaluation and then treating it with allopathic drugs".

Accordingly, the court posted the matter for further hearing on January 19, 2024.

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.