The Ayurveda Medical Association of India (AMAI) has approached the Kerala High Court seeking quashing of a State government circular that prevents practitioners of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH) from prescribing medicines to treat COVID-19.
The association also urged the Chief Minister to remove the AYUSH Secretary, who issued the circular, from her post. It was on October 20 that the State AYUSH Secretary issued the circular in line with a Kerala High Court judgement on August 21, which said that AYUSH medicines could be used only as “immunity boosters” and that they could not be prescribed as a cure for the infection.
The petition filed by Raju Thomas, AMAI functionary, claimed that the circular was “illegal, unconstitutional and liable to be quashed”.
Dr. Thomas claimed that Rajesh Cotecha, Union AYUSH Secretary, had issued an order on October 9, highlighting the enforcement of a National Clinical Management Protocol based on Ayurveda and Yoga for “management” of mild COVID-19 infections. The official advised States and Union Territories to “avail themselves of this opportunity” to manage the pandemic situation “as per the guidelines mentioned in the protocol”. The order also advised States and UTs to take steps to make “the medicines mentioned in the guidelines available at all COVID health centres”.
The petitioner pointed out that “Article 256(1) imposes a duty on the State executive not to impede or prejudice the exercise of the executive power of the Union in respect of such directions as may be issued by the government of India for a particular purpose”.
The State official was duty bound to comply with the directions issued by the Centre. The circular thus obstructed and interfered with “the right object sought to be achieved under the notification issued by the Centre”, Dr. Thomas said. It was also a violation of Article 19(1) (g), issued “without application of mind”, and not taking into consideration the authority granted by the Central notification, the petitioner added.
