Delhi HC dismisses PIL seeking inclusion of Ayurveda, Yoga and Naturopathy in PM-JAY scheme
Jan 29, 2024
New Delhi [India], January 29 : The Delhi High Court on Monday dismissed a Public Interest Litigation (PIL) that sought direction to include Indian healthcare systems like ayurveda, yoga, and naturopathy in the National Health Protection Mission, Pradhan Mantri Jan Arogya Yojana (PM-JAY)--Ayushman Bharat, in order to secure the right to health of citizens.
The Bench, headed by Acting Chief Justice Manmohan and also comprising Justice Manmeet Pritam Singh Arora, while dismissing the plea, noted that no counsel appeared for either side.
The petition is dismissed in default on account of non-prosecution, said the Court.
Earlier, the predecessor bench had sought the responses of all respondents, including the Ministry of Health and Family Welfare, the Ministry of AYUSH, and the Government of NCT of Delhi.
According to the plea, Pradhan Mantri Jan Arogya Yojana (PM-JAY), i.e., Ayushman Bharat, predominantly covers and is limited to allopathic hospitals and dispensaries, while India boasts various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani, and Homoeopathy, which are rooted in India's rich traditions and are highly effective in addressing the healthcare needs of the present time.
Petitioner Ashwini Kumar Upadhyay, a practising lawyer and BJP leader stated that due to various policies created by foreign rulers and individuals with a colonial mindset, our cultural, intellectual, and scientific heritage has been systematically eroded. Along with this, these foreigners, motivated by a profit-oriented approach, have thoughtfully implemented many laws and schemes during the time of our country's independence that have slowly undermined our rich heritage and history.
The plea stated that Ayushman Bharat's Pradhan Mantri Jan Arogya Yojana, popularly known as PM-JAY, is undoubtedly the world's largest health assurance scheme with the goal of providing health coverage of Rs 5 lakh. It aims to benefit more than 12 crore poor and vulnerable families (approximately 55 crore beneficiaries) across the country, including both middle and tertiary care.
India is a signatory to Article 25 of the 1948 Universal Declaration of Human Rights by the United Nations, which grants people the right to a decent standard of living through provisions such as food, clothing, shelter, medical care, and other necessary social services.
The healthcare facilities provided under Health and Wellness Centres (HWCs) and PM-JAY are incomplete and do not align with the fundamental rights enshrined in the Constitution. This plan predominantly covers and is limited to allopathic hospitals and dispensaries, while India boasts various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani, and Homoeopathy, which are rooted in India's rich traditions and are highly effective in addressing the healthcare needs of the present time, the plea read.
