Introduction:

In a significant development, the Delhi High Court directed the Ministry of Ayush to treat a public interest litigation (PIL) as a representation seeking the inclusion of Ayurveda, Yoga, and Naturopathy in the Union Government’s public health insurance scheme, Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PM-JAY). The PIL was filed by BJP leader and Advocate Ashwini Kumar Upadhyay, highlighting the need to recognize and incorporate India’s indigenous medical systems into the national healthcare framework.

Arguments of Both Sides:

Ashwini Kumar Upadhyay argued that while Ayushman Bharat scheme primarily focuses on allopathic treatments, India boasts various traditional medical systems deeply rooted in its cultural heritage. He emphasized the efficacy of Ayurveda, Yoga, Naturopathy, and other indigenous systems in addressing modern healthcare needs. Upadhyay stressed on the duty of the State to preserve and promote India’s rich cultural and scientific heritage, urging the inclusion of traditional medicine in the healthcare scheme. On the other hand, the Ministry of Ayush, in its counter affidavit, stated that steps were being taken, in coordination with the Ministry of Health and Family Welfare, to integrate Indian healthcare systems into PM-JAY.

Court’s Judgment:

A bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed the Ministry of Ayush to treat the PIL as a representation and decide it expeditiously. The court disposed of the PIL, with the option for Upadhyay to challenge the Ministry’s decision if aggrieved. It clarified that the court had not expressed any opinion on the merits of the controversy but underscored the importance of addressing the representation in accordance with law.