The Delhi High Court on Tuesday dismissed a public interest litigation filed by jurist Ashwini Upadhyay seeking adoption of the ‘Indian Comprehensive Integrated Health System’ in India.
For Upadhyay, allopathy, ayurveda, yoga, naturopathy, unani, siddha and homeopathy are not separated, but holistic, to ensure medical care, medical education and, as a result, the care given to patients. He argued that courses in all departments should be covered.
The division bench is as follows: Chief Justice Manmohan and Justice Tushar Rao Gedera He said the issue must be decided by the Federal Ministry of Health, which will deliberate on the matter, and that courts cannot prescribe the curriculum for medical education.
Upadhyay advocated that integrated medical systems should be introduced into the ongoing medical curriculum, at least in the first year, both at the educational and practical levels.
His petition said a separate curriculum should be started as MBBS Integrated Medicine where both modern and traditional medicine would be part of the same curriculum.
In response, CJ verbally stated the following today.
“The problem today is that we don’t prescribe the curriculum. It’s not our domain to decide the first-year material. Then we decide the syllabus. That’s not my domain… should not do that.”
While disposing of the PIL, the court had in its affidavit stated that the Union government had said that the Health and Family Welfare Department of Niti Ayog would constitute a committee on constitution of integrated health policy and submit a report on the issue. pointed out the position.
Since the court was informed that the commission was yet to submit its report, the court ordered:
“This Court, therefore, directs the present writ petition to be treated as a representation before the Commission and the same Commission is directed to consider the same in accordance with law.”
Upadhyay had argued in the PIL that the issue pertained to the government’s “constitutional duty”. The right to health is guaranteed under Articles 21, 39(e), 41, 43, 47, 48(a) and 51A of the Constitution.
“Modern medical practitioners remain limited to their own field and are therefore limited in their access to knowledge of other medical practices and are therefore unable to use other treatments to benefit their patients. In addition, they are unable to comply with established regulations regarding their medical care. Integrative medicine allows practitioners to be willing to prescribe medicines from other fields in order to provide maximum health benefit. There is a great need to establish a system,” the petition states.
Title: Aswini Upadhyay vs. Union of India
