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Legal Case Shots

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Education LawSupreme Court of India

Dr. AKB Sadbhavana Mission School of Homoeo Pharmacy v. The Secretary, Ministry of AYUSH & Ors.

Civil Appeal · 2020 INSC 702Decided 15 Dec 2020
Civil Appeal No. 4049 of 2020
Justice Ashok Bhushan · Justice R. Subhash Reddy · Justice M.R. Shah

Background

During the COVID-19 pandemic, the Union Ministry of AYUSH issued an advisory permitting homeopathic medicines to be used for prevention, symptom management, and as an add-on to conventional treatment of COVID-19-like illness. An advocate filed a writ petition in the Kerala High Court asking only that the State of Kerala be directed to implement this advisory. The Kerala High Court disposed of the petition but went further than what was asked, directing that homeopathic practitioners could prescribe medicines only as "immunity boosters" and that anyone prescribing or advertising homeopathic medicine as a "cure" for COVID-19 should face action under the Disaster Management Act, 2005. A homeopathy educational institution, which was not even a party to the original case, appealed to the Supreme Court against this restrictive direction.

Decision Breakdown

The Supreme Court held that the Kerala High Court had misread the Ministry of AYUSH's own guidelines, which permitted homeopathic practitioners to prescribe medicines not just as immunity boosters but also for symptom management and as an add-on to conventional treatment for COVID-positive patients (with the permission of local health authorities and hospital superintendents), not just prevention alone. The Court found the High Court had gone beyond the limited relief actually sought in the writ petition (which only asked for implementation of the AYUSH advisory) and should not have issued sweeping directions threatening homeopathic doctors with Disaster Management Act action. At the same time, the Court agreed that no system of medicine, including homeopathy, could claim to "cure" COVID-19, and that advertising such a cure was already independently barred under the Homeopathic Practitioners (Professional Conduct) Regulations, 1982. The Court therefore modified the High Court's direction, clarifying that AYUSH's own advisory and guidelines (which allow broader therapeutic use, not just immunity-boosting) should govern, and disposed of the appeal accordingly.

Lesson Learnt

Courts should decide only what is actually asked for in a case and not issue broader directions that go beyond the specific relief sought, especially when doing so affects the rights of people who were never given a chance to be heard; and no medical system can legally claim to be a guaranteed "cure" without scientific backing, even while being validly used for prevention, symptom relief, or supportive care.

Dr. AKB Sadbhavana Mission School of Homoeo Pharmacy v. The Secretary, Ministry of AYUSH & Ors. – Legal Case Shots | LegalAware