Everybody can't be allowed to prescribe medicines, observed the Apex Court on Thursday while hearing a plea against the Kerala High Court order which had said that AYUSH medical practitioners can prescribe Govt-approved mixtures & tablets only as an immunity booster for COVID-19. A bench headed by Justice Ashok Bhushan asked Solicitor General Tushar Mehta to file counter affidavit within a week on the plea against the Aug 21 order of the HC.
The Top Court asked Mehta whether there are any guidelines in this regard by the Ministry of AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha & Homeopathy). The solicitor general said that he would place on record the guidelines on this aspect.
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As prayed, a week time is granted. List after a week, the bench said in its order. During the hearing, the bench, also comprising Justice R S Reddy & Justice M R Shah, said, Everybody can't be allowed to prescribe medicines, & It may be used as immunity booster but not for treatment. The HC had passed the order on a plea which had sought a direction to the state authority to ensure that homoeopathic practitioners are immediately allowed to perform in accordance with the March 6 notification of the Ministry of AYUSH, which had said that State Govt shall take steps to adopt homoeopathic system among other systems of medicines in the fight against the menace of COVID-19.
Advisory of the Ministry of AYUSH is being followed by the Govt & tablets are given free of cost to those persons as immunity boosters. As per the state medical protocol, COVID-19 affected persons should not be treated by anybody other than the Govt & those authorised by the Govt, the HC had noted in its order. The HC had further noted that as per the medical protocol of the Govt, doctors practising in AYUSH medicines are not supposed to prescribe any medicines stating that it is curative for COVID-19 disease. However, as per the advisory, there is nothing prohibiting the qualified medical AYUSH practitioners to prescribe immunity booster mixture or tablets, as suggested by the Ministry of AYUSH, Govt of India, New Delhi, it had said.
When the Central, as well as State Govts, have approved prescription of certain mixtures & tablets, as immunity boosters, qualified medical practitioners in AYUSH can also prescribe the same, but only as immunity boosters, the HC had noted in its order.
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