The Delhi High Court on Tuesday said expert statutory bodies like the Indian Council of Medical Research (ICMR) are the “best judges” to decide and approve “medical protocols” in the treatment of mild COVID-19 cases.
The court was hearing a Public Interest Litigation (PIL) filed by two doctors in 2020, asking the Ministry of AYUSH to allow the homoeopathic drugs Arsenicum Album – Phosphorus – Tuberculinum (APT) as a supplement to Arsenicum, the first advisory in the chain intervention protocol. Instructions were sought for. Album 30c for the treatment of mild COVID-19 infection.
Dismissing the PIL, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad said, “It is not for the courts to comment on the medical protocols and guidelines framed on the subject, which in fact after great research.” have been issued. on this subject.”
The Bench observed that it is true, “Homeopathic medicines are very effective, and people across the world are taking advantage of homeopathic remedies”, but in cases of pandemic, which protocol should be validated by the government, it should always be left to the discretion. must be given. Government, because its decision is based on “experts’ opinion”, and “experts” are unquestionably “masters of the field”.
“In India, despite a high infection rate, the government was able to control the pandemic through its medical protocols, and at this point, the government has been able to vaccinate a very large segment of the population (over 219 crore doses of Covid). able to. -19 vaccines have been administered), and all kinds of special treatment have been provided to the last person in the society,” the court further said.
“At present this Court finds no reason to grant the relief prayed for by the petitioners. However, the petitioners would certainly be at liberty to conduct drug tests in compliance with the statutory provisions of the law, especially keeping in view the affidavit filed by respondent No. 2 i.e. CCRH. The petitioners have not been restrained by any authority to conduct the research, and the affidavit filed by respondent no. Do not stop conducting tests and obtain necessary permits required under the law,” the court said.
Noting that the COVID-19 infection is almost over, the bench observed that it has not found any reason to allow the relief sought by the two doctors.
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