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Supreme Court of India 2020-12-15 partly_allowed

DR. AKB SADBHAVANA MISSION SCHOOL OF HOMOEO PHARMACY vs THE SECRETARY, MINISTRY OF AYUSH & ORS

Bench: 3 — Ashok Bhushan, R. Subhash Reddy, M.R. Shah

In Brief

A homeopathy school challenged a Kerala High Court judgment that restricted homeopathic practitioners to prescribing medicines only as immunity boosters for COVID-19. The Supreme Court held that the Ministry of AYUSH's guidelines explicitly permit homeopathic practitioners to prescribe for preventive, prophylactic, symptom management, and add-on conventional treatment purposes. The Court found the High Court had misinterpreted the guidelines by taking a restrictive view and had gone beyond the scope of the original petition. The Court clarified that homeopathy is a therapeutic aid, not a cure, and that existing professional regulations already prohibit unethical advertisement.

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Administrative Law Public Health Medical Regulation Homeopathy COVID-19 Professional Conduct Disaster Management

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