The Delhi High Court in the case Ashwini Kumar Upadhyay v. Union of India and Others observed and has dismissed the public interest litigation, PIL moved seeking inclusion of Ayurveda, Yoga and Naturopathy in Union Government’s public health insurance scheme Ayushman Bharat Pradhan Mantri Jan Arogya Yojana, PM-JAY.
The Division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora in the case observed and has rejected the petition filed by the BJP leader and Advocate Ashwini Kumar Upadhyay in default due to non-prosecution.
The court stated that even after the Passover, none is present for the petitioner. Dismissed in default.
The court in the case observed and has issued the notice in the matter in the month of November last year and seek response of the Union Ministries of AYUSH, Finance, Health and Family Welfare and Home Affairs as well as the Delhi Government.
However, when the said matter was called twice, no counsel appeared for either side.
It being the case of Upadhyay’s that the Central Government’s scheme is limited to allopathic hospitals and dispensaries, while India boasts various indigenous medical systems, including Ayurveda, Yoga, Naturopathy, Siddha, Unani and Homeopathy, which are rooted in India’s rich traditions and are highly effective in addressing the healthcare needs of the present time.
The court in the case observed and has stated that India is a country which is rich in various great traditions of sages which is also mentioned in various available scriptures, Vedas, Puranas, Upanishads, etc.
The petition reads that 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.
Therefore, the court stated that 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.
It has also been submitted by Upadhyay before the court that it being the duty of the State to re-establish the country’s powerful civilization, rich knowledge and cultural heritage.
Adding to it, he stated that the Indian healthcare system is not covered under the Ayushman Scheme.
Further, the petition stated that it is important to note that, according to the fundamental spirit of the Constitution, Indian citizens have the right to health, and they also have the right to choose their preferred treatment and doctor.
Therefore, it being the government responsibility to take steps in this direction and health services should have widespread accessibility, allowing everyone to access various types of services and ensuring the quality of these services is sufficient to improve people’s health.