Written by : Nikita Saha
November 11, 2024
The petition was presented by advocate Ashwini Upadhyay, known for his serial PIL filings, before a bench comprising CJI Chandrachud, and Justices J B Pardiwala and Manoj Misra.
In his last public interest litigation (PIL) hearing as Chief Justice of India, CJI D Y Chandrachud took up a petition calling for the inclusion of traditional Indian healthcare practices in the PM Jan Arogya Yojana (PM-JAY).
This marked the final PIL ruling in Justice Chandrachud’s 25-year-long judicial career, noted for advancing gender justice and advocating for the rights of marginalized and disabled communities.
The petition was presented by advocate Ashwini Upadhyay, known for his serial PIL filings, before a bench comprising CJI Chandrachud, and Justices J B Pardiwala and Manoj Misra.
The bench first dismissed a PIL seeking the appointment of yoga instructors in government schools, noting that such decisions fell outside judicial purview.
However, in Upadhyay’s second plea for the inclusion of traditional medicine in PM-JAY, CJI Chandrachud immediately issued a notice to the Center.
The CJI directly addressed Solicitor General Tushar Mehta, urging the government to consider including Ayurveda, yoga, and naturopathy in the national health protection scheme.
SG Mehta assured the bench he would discuss the matter with relevant government authorities.
In his petition, Upadhyay argued that while Ayushman Bharat aims to provide universal health coverage, it currently focuses solely on allopathic healthcare, sidelining traditional Indian medical systems such as Ayurveda, yoga, and naturopathy.
He noted that although PM-JAY, launched in 2018, provides INR 5 Lakh health coverage to 12 Cr vulnerable families, it has yet to integrate India's extensive heritage of alternative and traditional medicine systems, which could offer effective, culturally relevant healthcare options.
Justice Chandrachud’s final action reflects a continued judicial interest in exploring more inclusive approaches to national healthcare policy, as the Center deliberates over extending Ayushman Bharat's reach into traditional medicine.