The Delhi High Court has instructed the Ministry of Ayush to consider public interest litigation as a formal representation. This litigation advocates for the incorporation of Ayurveda, Yoga, and Naturopathy into the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY), the Union Government's public health insurance scheme.
A bench consisting of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora has instructed the Ministry to promptly adjudicate the representation, providing a reasoned order in a timely manner.
The court resolved the PIL submitted by BJP leader and advocate Ashwini Kumar Upadhyay. Initially, the plea was dismissed in default due to a lack of prosecution. However, today the court reinstated it following an application seeking restoration of the case.
The court reviewed the counter affidavit submitted by the Ministry of Ayush, which stated that it is actively collaborating with the Union Ministry of Health and Family Welfare to integrate the Indian healthcare system into the national healthcare protection mission, PM-JAY.
It further emphasized that if Upadhyay is dissatisfied with the decision of the Ayush Ministry, he retains the freedom to initiate suitable legal proceedings in accordance with the law.
The statement clarified that the court refrained from expressing any viewpoint regarding the merits of the dispute. Upadhyay contended that the Central Government's scheme solely caters to allopathic hospitals and dispensaries, overlooking India's diverse indigenous medical systems such as Ayurveda, Yoga, Naturopathy, Siddha, Unani, and Homeopathy. These systems, deeply embedded in India's cultural heritage, are deemed highly efficacious in addressing contemporary healthcare demands.
“Unfortunately, due to various policies created by foreign rulers and individuals with a colonial mindset, our cultural, intellectual knowledge, and scientific heritage have been systematically eroded. Along with this, these foreigners, motivated by a profit-oriented approach, have thoughtfully implemented many laws and schemes during the time ofour country's independence that have slowly undermined our rich heritage and history.”
Upadhyay argued that it is the State's obligation to revive the nation's robust civilization, extensive knowledge base, and cultural legacy. Nevertheless, he also highlighted that the Indian healthcare system remains excluded from the Ayushman Scheme.
Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS
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