"Policy matter": Supreme Court refuses to entertain plea against exclusion of Yoga from NCISM Act

The Supreme court on Monday refused to entertain a plea which challenged the exclusion of yoga and naturopathy from the ambit of National Commission for Indian System of Medicine Act of 2020 (NCISM Act)..A bench of Justices Sanjiv Khanna and JK Maheshwari said that it is a policy decision and the Court will not interfere with the same."These are all policy matters. we cannot go into this, some may encourage this, others may disagree. This is for consideration of government. We wont issue notice or directions," the Court said.The petitioners were at liberty to make an appropriate representation before the government, the judges orally indicated. .The plea filed by Indian Naturopathy and Yoga Graduates Medical Association said that the decision to exclude yoga and naturopathy from the NCISM Act was arbitrary and in contravention of the government's earlier decisions to regulate yoga and naturopathy system."It is ostensible that the decision to exclude Yoga & Naturopathy from the NCISM Act has been taken without any rationale as the said ‘system of Medicine’ was recognized by the NITI Aayog, the premier policy think tank of the country, in its first draft of the National Commission for Indian System of Medicine Bill in 2017 as well as a comprehensive report on the Regulation of Indian Systems of Medicine. The aforesaid draft bill also provided for a central regulatory framework for regulating the practice of Yoga & Naturopathy," the plea filed through advocate Vipin Nair said.However, the government without any cogent reasons, dropped all the provisions pertaining to Yoga & Naturopathy from the final Bill which was laid before the Parliament and the same culminated into the NCISM Act, it was contended..The petitioner, therefore, sought a direction to the Central government to treat yoga and naturopathy system of medicine at parity by according Statutory Central Regulation to the Medical Education and Clinical Practice as has been done with other recognized systems of medicine in India. The plea also prayed for a direction to include appropriate statutory provisions with regard to Yoga and Naturopathy under the NCISM Act. .Advocate Sughosh Subramanyam appeared for the petitioners. The PIL was filed through advocate Vipin Nair, and drawn by advocate Arindam Ghosh. [Read order]