Delhi High Court Dismisses Plea To Analyse Electro Homeopathic Prescriptions For Recognition As Alternative Medicine

Legal News by - ATUL OJHA (This News was written by him during his Internship)

Delhi High Court dismiss petition regarding electro homeopathic. The plea was made to form

new alternative medical system by creating homeopathic pharmacopoeia laboratory for electro homeopathic medicine. The court said that it is the matter of health policy making bodies and it doesn’t not fall under the judiciary. Here court describe the boundaries between court and the policy making bodies. The bench clears that the court doesn’t going to work beyond its jurisdiction.

The petitioner in the case wants the intervention of court to form laboratory regarding electro

homeopathic medicines to form alternative medical system. If it was approved by the court

then it will grant electro homeopathic as alternative medical system in India. The court said

that granting a new medical system is not fall under the boundary of judiciary. It requires a

complex process which only deal by the policy makers and their experts regarding the subject matter.

Here court also refer to the Supreme Court judgement in the case of “Academy Of Nutrition

Improvement v. Union Of India” that courts generally doesn’t intervein in policy making

bodies related to public health in which require scientific research and expertise. The court used this judgement as precedent and said that different Ministries have different experts of this matter and they can only make such decision. In Indian law, Drugs and Cosmetics Act deal with such kinds of issue and Court doesn’t have jurisdiction regarding it.

The court in its judgement explains that for creating a new medical system it's required a

number of scientific processes to evaluate the safety, effectiveness and their benefit public

welfare through different research. After that the policy makers evaluate all these stages and

make a conclusion that whether the new medical system is good for public welfare or not and the court does not intervene in this regard. Through this judgement Court clears its contentions that court doesn’t have jurisdiction to intervein in policy making bodies related public health.

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