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Supreme Court of India 2020-12-15 partly_allowed

Dr. AKB Sadbhavana Mission School of Homeo Pharmacy vs Secretary, Ministry of Ayush & Ors

Bench: 3 — Ashok Bhushan

In Brief

Dr. AKB Sadbhavana Mission School of Homeo Pharmacy, not party to a Kerala High Court writ petition, appealed against directions restricting homeopathic practitioners to prescribing medicines only as immunity boosters for COVID-19. The Supreme Court held that the Ministry of AYUSH guidelines explicitly permit homeopathy for prevention, symptom management, and add-on therapy to conventional care—not merely immunity boosting. The High Court had misinterpreted the guidelines and exceeded the scope of the original petition by directing action under the Disaster Management Act. The Court affirmed that no medical system claims to cure COVID-19 and that institutional qualifications are required. The directions were modified accordingly, maintaining that statutory regulations already prevent misleading advertising.

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Medical Law Healthcare Regulation Public Health Homeopathy COVID-19 Administrative Law Mandamus Statutory Regulation

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