Hon'ble Arvind Kumar Tripathi (II),J.
(delivered in Court by Justice Devi Prasad Singh)
1. Heard learned counsel for the petitioner and also perused the record. with the consent of parties' counsel we proceed to decide the writ petition.
The petitioner-trust (Indian Academy of Naturopathy and Yoga,) has preferred this petition with the prayer for issuance of a writ in the nature of mandamus for restraining opposite parties from interfering with the peaceful pursuit of the objectives. A further prayer has been made for issuing a direction in the nature of mandamus commanding the opposite parties to frame statutory rules regulations or guidelines for the registration of the petitioner-trust.
It is submitted by learned counsel for the petitioner that the petitioner-trust intents to run professional training course in Naturopathy and Yoga, but in the absence of any statutory rule or procedure, the petitioner-trust is not able to take further steps in this regard.
2. Now, it is scientifically proved that Naturopathy and Yoga are effective means not only to lead a healthy life but also cure certain physical ailments of the human. Needless to say that all over the world, Naturopathy and Yoga is practiced by a substantial section of society and a number of organizations are teaching Yoga to its member. In India Yoga has been practiced since ages.
3. While approaching this Court under Section 226 of the Constitution of India Sri T.N.Gupta learned counsel appearing for the petitioner invited attention of the Court to Chapter IV of Uttar Pradesh Bhartiya Chikitsa Sanstha ("Arjan and Prakirna Upbandh) Adhiniyam 1982, (Act No.18 of 1982)(in short hereinafter referred as Act) promulgated by Legislature of the State.
4. Submission of Sri T.N. Gupta, learned counsel for the petitioner, is that Yoga is part of ancient Indian medicine i.e. Ayurved and State Government has not framed statutory rules and regulations for regulating its teaching and practice under Chapter IV of the aforesaid Act. For convenience, Chapter IV is reproduced as under :-
v/;k;&pkj izkd`frd vkSj ;ksx fpfdRlk esa f'k{k.k iznku djus okyh laLFkk;sa 12&1½ jkT; ljdkj ds fy, izkd`frd ;k ;ksx fpfdRlk esa f'k{k.k iznku djus okyh izR;sd laLFkk dh LFkkiuk mlds vuqj{k.k] izcU/k vkSj dk;Z dks fu;eksa }kjk fofu;fer djuk fof/kiw.kZ gksxkA ¼2½ mi/kkjk ¼1½ ds micU/kksa dh O;kidrk ij izfrdwy izHkko Mkys fcuk] mDr mi/kkjk esa fufnZ"V fu;eksa esa fuEufyf[kr lHkh ;k fdlh fo"k; dh O;oLFkk dh tk ldrh gS] vFkkZr~& ¼d½ ,sls fu;eksa ds izkjEHk ds fnukWd dks izkd`frd ;k ;ksx fpfdRlk esa f'k{k.k iznku djus okyh laLFkkvksa dk jftLVªhdj.k ( ¼[k½ ,slh ubZ laLFkk;sa [kksyus ;k LFkkfir djus ds fy;s ftlesa izkd`frd ;k ;ksx fpfdRlk esa f'k{k.k iznku fd;k tkuk gks] iwoZ vuqKk izkIr djus ds fy;s micU/k ( ¼x½ ,slh 'krsZ vkSj fucU/ku vkjksfir djuk ftu ij [k.M ¼d½ vkSj ¼[k½ esa fufnZ"V laLFkkvksa dks iwoZor~ cus jgus dh vuqefr nh tk;xh ( ¼?k½ fu;eksa ds v/khu izkf/kd`r vf/kdkfj;ksa }kjk [k.M ¼d½ vkSj ¼[k½ esa fufnZ"V laLFkkvksa dk fu;rdkfyd fujh{k.k djus ds fy;s micU/k ( ¼M½ jkT; ljdkj ;k mlds }kjk izkf/kd`r vf/kdkfj;ksa dks [k.M ¼d½ vkSj ¼[k½ esa fufnZ"V laLFkkvksa ds izcU/krU= ls ,slh lwpuk] fooj.k&i= ;k foojf.k;ka ,sls vUrjky ij] tSlk fofgr fd;k tk;] ekaxus dh 'kfDr iznku djuk ( ¼Pk½ mu O;fDr;ksa ij tks ,sls fu;eksa ds micU/kksa dk mYya?ku djsa ;k rn~/khu tkjh fd;s x;s fdlh fof/kiw.kZ funs'k dk vuqikyu djus esa foQy jgs] 'kkfLr vkjksfir djus ds fy;s micU/kA"
5. Sub-Section (1) of Section 12 of Chapter IV of aforesaid Adhiniyam provides that it shall be lawful for the Government to frame rules and regulations for the purpose. According to learned counsel for the petitioner, the petitioner-trust has repeatedly sent letters to the Government to frame rules/regulations in pursuance of Chapter IV(supra), but the Government has failed to discharge its statutory obligation.
6. Sri H.P. Srivastav, learned Additional Chief Standing Counsel submits that the State Government made a request in writing in 2010 to the Central Council for Research in Naturopathy and Yoga in 2010, but no response has been received by the State Government to the aforesaid letter. It is also submitted by Sri Srivastava that the petitioner-trust has not arrayed Central Government as a party in the writ petition.
7. Be that as it may, any inaction on the part of the Central Government to appoint an authority or take a decision in response to the letter sent by the State Government is unfortunate. The Central Government should have taken a decision in response to the letter of the State Government.
8. However, the facts remains that Chapter IV of the aforesaid Act confers statutory power to the State Government to frame rules for Naturopathy and Yoga treatment and provide necessary assistance to the Institution established for the purpose State Government should have moved on its own in pursuance of statutory obligation confered by Chapter IV of the Act (supra).
It appears that we are still functioning with 'colonial mind set' and are not in a habit of doing good things unless there is public hue and cry, or some order is passed by Courts or the higher judiciary, compel to do certain lawful thing. Public good should be prime concern in a Welfare State. Whether it is the State Government or the Central Government they cannot shirk from their duties defined by the constitutional and statutory mandate, more so when the action relates to welfare of citizen's health and hygiene. Right to life includes quality of life vide 2001(6) SCC 496 Hinch Lal Tewari versus Kamala Devi and AIR 1991 SC 1902 Banglore Medical Trust versus B.S. Mudappa,AIR 2007 SC 1046 Milkmen Colony Vikas Samiti versus State of Rajasthan and others and 2006(13) SCC 382 Nagar Nigam, Meerut versus Al Faheem Meat Exports Private Limited and others and the citizens of ours welfare State have a right to seek State assistance to maintain their health and hygiene conditions. The State Government should have acted in pursuance of powers conferred by Chapter IV of the Adhiniyam (supra). Otherwise also under the Act State Government have right to move on its own to discharge statutory obligation.
9. Before parting with the judgement it shall be appropriate to say few words about naturopathy and yoga.
Naturopathy
10. Naturopathy, or naturopathic medicine, is a form of alternative medicine based on a belief in vitalism, which posits that a special energy called "vital energy" or "vital force" guides bodily processes such as metabolism, reproduction, growth, and adaptation. Naturopathy favors a holistic approach with non-invasive treatment and generally avoids the use of surgery and drugs. Practitioners of naturopathy often prefer methods of treatment that are not compatible with evidence-based medicine, and in doing so, reject the tenets of biomedicine and modern science. Naturopathic medicine is considered replete with pseudoscientific, ineffective, unethical, and possibly dangerous practices.
11. The term "naturopathy" is derived from Latin and Greek, and literally translates as "nature disease". Modern naturopathy grew out of the Natural Cure movement of Europe. The term was coined in 1895 by John Scheel and popularized by Benedict Lust, the "father of U.S. naturopathy". Beginning in the 1970s, there was a revival of interest in the United States and Canada, in conjunction with the holistic health movement. Today, naturopathy is primarily practiced in the United States and Canada. The scope of practice varies widely between jurisdictions, and naturopaths in unregulated jurisdictions may use the Naturopathic Doctor designation or other titles regardless of level of education.
12. Naturopathic practitioners in the United States can be divided into three categories: traditional naturopaths; naturopathic physicians; and other health care providers that provide naturopathic services. Naturopathic physicians employ the principles of naturopathy within the context of conventional medical practices. Naturopathy comprises many different treatment modalities, including nutritional and herbal medicine, lifestyle advice, counseling, flower essence, homeopathy and remedial massage.
13. Naturopathy is based on vitalism, which posits that a special energy called vital energy or vital force guides bodily processes such as metabolism, reproduction, growth, and adaptation. Diagnosis and treatment focus on alternative therapies which naturopaths claim promote the body's natural ability to heal. Naturopaths focus on a holistic approach, often completely avoiding the use of surgery and drugs. Naturopaths aim to prevent illness through stress reduction and changes to diet and lifestyle, often rejecting the methods of evidence based medicine.
14. A consultation typically begins with a lengthy patient interview focusing on lifestyle, medical history, emotional tone, and physical features, as well as physical examination. Many naturopaths present themselves as primary care providers, and some may prescribe drugs, perform minor surgery, and integrate other conventional medical approaches with their naturopathic practice. However, traditional naturopaths focus exclusively on lifestyle changes, not diagnosing or treating disease. Naturopaths do not generally recommend vaccines and antibiotics, based in part on the early views that shaped the profession, and they may provide alternative remedies even in cases where evidence-based medicine has been shown effective.
15. The particular modalities used by an individual naturopath varies with training and scope of practice. These include:acupuncture, applied kinesiology, botanical medicine, brainwave entrainment, chelation therapy for atherosclerosis, colonic enemas, color therapy, cranial osteopathy, hair analysis, homeopathy, iridology, live blood analysis, nature cures i.e. a range of therapies based upon exposure to natural elements such as sunshine, fresh air, heat, or cold, nutrition (examples include vegetarian and wholefood diet, fasting, and abstention from alcohol and sugar, ozone therapy, physical medicine (e.g., naturopathic, osseous, and soft tissue manipulative therapy, sports medicine, exercise, and hydrotherapy), Psychological counseling (e.g. mediation, relaxation and other methods of stress management, public health measures and hygiene, reflexology, rolfing, and traditional Chinese medicine.
16. In India naturopathy has been used since ages as a tool of medicine. Mahatma Gandhi often used naturopathy for his own treatment as well as treatment of peoples residing with him in his Ashram.
17. In India there is a 5½-year degree course offering a "Bachelor of Naturopathy and Yogic Sciences" (BNYS) degree. There are two post graduation programs called MD (Naturopathy) and MD (Yoga-Clinical) which can be done after completing the BNYS program. The first college of naturopathy was started in Hyderabad, Andhra Pradesh by B. Venkatrao which offered a diploma in Naturopathy (ND). There are 17 naturopathy colleges in India. Naturopathy and yoga, as an Indian system of medicine, falls under the Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), Ministry of Health & Family Welfare, Government of India.
18. The National Institute of Naturopathy in Pune was established on December 22, 1986. It encourages facilities for standardization and propagation of the existing knowledge and its application through research in naturopathy throughout India. This institute has a governing body with the Union Minister for Health as its persident.
YOGA
19. In Vedic Sanskrit, the more commonly used, literal meaning of the Sanskrit word yoga is "to add", "to join", "to unite", or "to attach" from the root yuj, already had a much more figurative sense, where the yoking or harnessing of oxen or horses takes on broader meanings such as "employment, use, application, performance" (compare the figurative uses of "to harness" as in "to put something to some use"). All further developments of the sense of this word are post-Vedic. More prosaic moods such as "exertion", "endeavour", "zeal", and "diligence" are also found in Epic Sanskrit.
20. There are many compound words containing yog in Sanskrit. Yoga can take on meanings such as "connection", "contact", "method", "application", "addition", and "performance". In simpler words, Yoga also means "combined". For example, guṇá-yoga means "contact with a cord"; chakrá-yoga has a medical sense of "applying a splint or similar instrument by means of pulleys (in case of dislocation of the thigh)"; chandrá-yoga has the astronomical sense of "conjunction of the moon with a constellation"; puṃ-yoga is a grammatical term expressing "connection or relation with a man", etc. Thus, bhakti-yoga means "devoted attachment" in the monotheistic Bhakti movement. The term kriyā-yoga has a grammatical sense, meaning "connection with a verb". But the same compound is also given a technical meaning in the Yoga Sutras (2.1), designating the "practical" aspects of the philosophy, i.e. the "union with the Supreme" due to performance of duties in everyday life.
21. According to Pāṇini, a 6th-century BCE Sanskrit grammarian, the term yoga can be derived from either of two roots, yujir yoga (to yoke) or yuj samādhau (to concentrate). In the context of the Yoga Sutras of Patanjali, the root yuj samādhau (to concentrate) is considered by traditional commentators as the correct etymology. In accordance with Pāṇini, Vyasa (c. 4th or 5th century CE), who wrote the first commentary on the Yoga Sutras, states that yoga means samādhi (concentration). In other texts and contexts, such as the Bhagavad Gītā and the Hatha Yoga Pradipika, the word yoga has been used in conformity with yujir yoge (to yoke).
22. According to Dasgupta also the term yoga can be derived from either of two roots, yujir yoga (to yoke) or yuj samādhau (to concentrate). Someone who practices yoga or follows the yoga philosophy with a high level of commitment is called a yogi (may be applied to a male or a female) or yogini (traditionally denoting a female).
ORIGIN & HISTORY OF YOGA
23. According to White, the first use of the word "yoga" is in the Rig Veda, where it denotes a yoke, but also a war chariot. Yoga is discussed quite frequently in the Upanishads, many of which predate Patanjali's Sutras. The actual term "yoga" first occurs in the Katha Upanishad and later in the Shvetasvatara Upanishad. White states:
"The earliest extant systematic account of yoga and a bridge from the earlier Vedic uses of the term is found in the Hindu Kathaka Upanisad(Ku), a scripture dating from about the third century BCE[...] [I]t describes the hierarchy of mind-body constituents--the senses, mind, intellect, etc.--that comprise the foundational categories of Sāmkhya philosophy, whose metaphysical system grounds the yoga of the YS, Bhg, and other texts and schools (Ku3.10-11; 6.7-8)."
24. According to David Frawley, verses such as Rig Veda 5.81.1 which reads, "Seers of the vast illumined seer yogically [yunjante] control their minds and their intelligence"
show that "at least the seed of the entire Yoga teaching is contained in this most ancient Aryan text".
25. An early reference to meditation is made in Brihadaranyaka Upanishad, the earliest Upnishad (c. 900 BCE). In the Mahabharata yoga comes to mean "a divine chariot, that carried him upward in a burst of light to and through the sun, and on to the heaven of gods and heroes."
26. Ascetic practices (tapas), concentration and bodily postures used by Vedic priests to conduct yajna (Vedic ritual of fire sacrifice), might have been precursors to yoga. Vratya, a group of ascetics mentioned in the Atharvaveda, emphasized on bodily postures which probably evolved into yogic asanas. Early Vedic Samhitas also contain references to other group ascetics such as, Munis, the Keśin, and Vratyas. Techniques for controlling breath and vital energies are mentioned in the Brahmanas (ritualistic texts of the Vedic corpus, c. 1000-800 BCE) and the Atharvaveda. Nasadiya Sukta of the Rig Veda suggests the presence of an early contemplative tradition.
27. The Vedic Samhitas contain references to ascetics, and ascetic practices known as (tapas) are referenced in the Brāhmaṇas (900 BCE and 500 BCE), early commentaries on the Vedas. The Rigveda, the earliest of the Hindu texts mentions the practice. Robert Schneider and Jeremy Fields write,
28. The term "yoga" first appears in the Hindu scripture Katha Upanishad (a primary Upanishad c. 400 BCE) where it is defined as the steady control of the senses, which along with cessation of mental activity, leads to the supreme state. Katha Upanishad integrates the monism of early Upanishads with concepts of samkhya and yoga. It defines various levels of existence according to their proximity to the innermost being Ātman. Yoga is therefore seen as a process of interiorization or ascent of consciousness. It is the earliest literary work that highlights the fundamentals of yoga. Shvetashvatara Upanishad (c. 400-200 BCE) elaborates on the relationship between thought and breath, control of mind, and the benefits of yoga. Like the Katha Upanishad the transcendent Self is seen as the goal of yoga. This text also recommends meditation on Om as a path to liberation. Maitrayaniya Upanishad (c. 300 BCE) formalizes the sixfold form of yoga. Physiological theories of later yoga make an appearance in this text.
29. While breath channels (nadis) of yogic practices had already been discussed in the classical Upanishads, it was not until the eighth century Buddhist Hevajra Tantra and Caryagiti, that hierarchies of chakras were introduced. Further systematization of yoga is continued in the yoga Upanishads of the Atharvaveda (viz., Sandilya, Pasupata, Mahavakya).
30. In Chapter 2 of the Bhagavad Gita, Krishna explains to Arjuna about the essence of yoga as practiced in daily lives:
योगस्थ: कुरु कर्माणि सङ्गं त्यक्त्वा धनंजय ।
सिद्ध्यसिद्ध्यो: समो भूत्वा समत्वं योग उच्यते ।।
(yoga-sthaḥ kuru karmani sanyugam tyaktvā dhananjay siddhy-asiddhyoḥ samo bhutvā samatvam yoga ucyate)
- Bhagavad Gita 2.48
31. A.C. Bhaktivedanta Swami Prabhupada translates it as "Be steadfast in yoga (yoga-sthah), O Arjuna. Perform your duty (kuru karmani) and abandon all attachment (sangam) to success or failure (siddhy-asiddhyoh). Such evenness of mind (samatvam) is called yoga." 26. The Yoga Sutras of Patanjali are often labelled as Raja Yoga. It defines yoga as citta-vrtti-nirodhah (the cessation of the perturbations of the mind). The aim is to still the mind in order to reach kaivalya, the "isolation" of purusha (the motionless consciousness "essence") from prakriti (the primordial matter from which everything is made, including mind and emotions). In Hinduism, Raja Yoga is considered as one of the six astika schools (those which accept the authority of the Vedas) of Hindu philosophy.
32. Other commentators ascribe a different 'yoga' to each chapter, delineating eighteen different yogas. Aurobindo, a freedom fighter and philosopher, describes the yoga of the Gita as "a large, flexible and many-sided system with various elements, which are all successfully harmonized by a sort of natural and living assimilation".
33. The Geeta while dealing with Yoga divided it into three categories, Raj Yoga, Bhakti Yoga and Jnana Yoga. Aurobindo, a freedom fighter and philosopher, describes the yoga of the Gita as "a large, flexible and many-sided system with various elements, which are all successfully harmonized by a sort of natural and living assimilation.
34. Geeta does not seem to be a religious text; rather it is a code of conduct across the board for human being. Its Rajyoga is meant for politicians, bureacrats and other constitutional functionaries in a democratic set up. Because of lack of knowledge, training of Rajyog, substantial number of constitutional functionaries have become corrupt and politics has been substantially criminalised. Rajyoga profess for Rajdharm or code of conduct for the persons who are responsible to run a country. By practicing Rajyoga, a person is able to control his senses and acquire zeal to serve country with commitment and dedication without any ill will, malice or vested interest and may sacrifice life for the sake of country.
35. Secular credential of Geeta and its perfection to serve the humanity has been recognised by Paramhans Swami Adgadanand. In his commentary on Geeta, namely "Yatharth Geeta", Swami Adgadanand observed in the preface of the book as under :
"The Geeta is not a holy book that belongs to any one individual, caste, group, school, sect, nation or time. It is rather a scripture for the entire world and for all times. If is for all, for every nation, every race, and for every man and woman, whatever be their spiritual level and capacity. Irrespective of this, however, just hearsay or someone's influence should not be the basis for a decision that has a direct bearing upon one's existence."
In view of above, the contents of Geeta enlights each and everyone who intends to lead a peaceful life and intends to serve the country.
36. Patanjali is widely regarded as the compiler of the formal yoga philosophy. The verses of Yoga Sutras are terse and are therefore read together with the Vyasa Bhashya (c. 350-450 CE), a commentary on the Yoga Sutras. Patanjali's yoga is known as Raja yoga, which is a system for control of the mind. Patanjali defines the word "yoga" in his second sutra, which is the definitional sutra for his entire work:
योग: चित्त-वृत्ति निरोध:
(yogaś citta-vṛtti-nirodhaḥ)
- Yoga Sutras 1.2
37. This terse definition hinges on the meaning of three Sanskrit terms. It means "yoga is the inhibition (nirodhah) of the modifications (vrtti) of the mind (citta)". The use of the word nirodhah in the opening definition of yoga is an example of the important role that Buddhist technical terminology and concepts play in the Yoga Sutras; this role suggests that Patanjali was aware of Buddhist ideas and wove them into his system. Swami Vivekananda translates the sutra as "Yoga is restraining the mind-stuff (Citta) from taking various forms (Vrittis)."
38. Patanjali's writing also became the basis for a system referred to as "Ashtanga Yoga" ("Eight-Limbed Yoga"). This eight-limbed concept derived from the 29th Sutra of the 2nd book, and is a core characteristic of practically every Raja yoga variation taught today. The Eight Limbs are:
1.Yama (The five "abstentions"): Ahimsa (non-violence), Satya (Truth, non-lying), Asteya (non-stealing), Brahmacharya (non-sensuality, celibacy), and Aparigraha (non-possessiveness).
2.Niyama (The five "observances"): Shaucha (purity), Santosha (contentment), Tapas (austerity), Svadhyaya (study of the Vedic scriptures to know about God and the soul), and Ishvara-Pranidhana (surrender to God).
3.Asana: Literally means "seat", and in Patanjali's Sutras refers to the seated position used for meditation.
4.Pranayama ("Suspending Breath"): Prāna, breath, "āyāma", to restrain or stop. Also interpreted as control of the life force.
5.Pratyahara ("Abstraction"): Withdrawal of the sense organs from external objects.
6.Dharana ("Concentration"): Fixing the attention on a single object.
7.Dhyana ("Meditation"): Intense contemplation of the nature of the object of meditation.
8.Samadhi ("Liberation"): merging consciousness with the object of meditation.
39. A leading legend of the country Mr. B.K.S. Iyengar has written several books dealing with Yogasan for treatment of various diseases from which the haman being is suffering. Mr. Iyengar in his celebrated book, "Light on the Yoga Sutras of Patanjali" has observed as under :
"Patanjali's 196 aphorisms or sutras cover all aspects of life, beginning with a prescribed code of conduct and ending with man's vision of his true Self. Each word of the sutras is concise and precise. As individual drops of rain contribute towards the formation of a lake, so each word contained in the sutras conveys a wealth of thought and experience, and is indispensable to the whole.
Patanjali chose to write on three subjects, grammar, medicine and yoga. The Yoga Sutras, his culminating work, is his distillation of human knowledge. Like pearls on a thread, the Yoga Sutras form a precious necklance, a diadem of illuminative wisdom. To comprehend their message and put it into practice is to transform oneself into a highly cultured and civilized person, a rare and worthy human being."
40. The Yoga Yajnavalkya is a classical treatise on yoga attributed to the Vedic sage Yajnavalkya. It takes the form of a dialogue between Yajnavalkya and his wife Gargi, a renowned female philosopher. The text contains 12 chapters and its origin has been traced to the period between the second century BCE and fourth century CE. Many yoga texts like the Hatha Yoga Pradipika, the Yoga Kundalini and the Yoga Tattva Upanishads have borrowed verses from or make frequent references to the Yoga Yajnavalkya. In the Yoga Yajnavalkya, yoga is defined as jivatmaparamatmasamyogah, or the union between the individual self (jivatma) and the Divine (paramatma).
41. It shall be appropriate to reproduce a humn from Yoga Yajnavalkya, as under:-
"संयोगो योग इत्युक्तो जीवात्मपरमात्मनोः॥ saṁyogo yoga ityukto jīvātma-paramātmanoḥ॥ Union of the self (jivātma) with the Divine (paramātma) is said to be yoga."
------Yoga Yajnavalkya
42. Jain meditation has been the central practice of spirituality in Jainism along with the Three Jewels. Meditation in Jainism aims at realizing the self, attin salvation, take the soul to complete freedom. It aims to reach and to remain in the pre state of soul which is believed to be pure conscious, beyond any attachment or aversion. The practitioner strives to be just a knower-seer (Gyata- Drashta). Jain meditation can be broadly categorized to the auspicious Dharmya Dhyana and Shukla Dhyana and inauspicious Artta and Raudra Dhyana.
43. Buddhist meditation encompasses a variety of meditation techniques that aim to develop mindfulness, concentration, supramundane powers, tranquility, and insight.
44. Core techniques have been preserved in ancient Buddhist texts and have proliferated and diversified through teacher-student transmissions. Buddhists pursue meditation as part of the path toward Enlightenment and Nirvana. The closest words for meditation in the classical languages of Buddhism are bhavana and jhana/dhyana. Buddhist meditation techinques have become increasingly popular in the wider world, with many non-Buddhists taking them up for a variety of reasons.
45. Alexander Wynne, author of The Origin of Buddhist Meditation, observes that formless meditation and elemental meditation might have originated in the Upanishadic tradition. The earliest reference to meditation is in the Brihadaranyaka Upanishad, one of the oldest Upanishads. Chandogya Upanishad describes the five kinds of vital energies (prana). Concepts used later in many yoga traditions such as internal sound and veins (nadis) are also described in the Upanishad. Taittiriya Upanishad defines yoga as the mastery of body and senses.
46. Yoga asanas were first prescribed by the ancient Vedic texts thousands of years ago and are said to directly enliven the body's inner intelligence.
47. According to Feuerstein, breath controlland curbing the mind was practiced since the Vedic times, and yoga was fundamental to Vedic ritual, especially to chanting the sacred hymns.
MEDICINE IN VEDA
48. Now, it is recognised by UNICEF that Rigved is the oldest available manuscript in the history of humanity. Veda does not only deal with spiritual life or the prayers and offering but it also deals with the process and methods to cure internal and external diseases of human being. Kenneth G. Zysk, a Professor Near Eastern Languages and Literatures at New York University and Director of the Indic Traditions of Health Care at Columbia University, wrote a book, namely "Medicine in the Veda", published by Motilal Banarsidass Publishers. The book elaborately deals with description of medicines in Vedas. Learned author (supra) while introducing the Vedic medicines observed, to quote :
"Vedic medicine's dominant appeal to and reflection of popular beliefs have led to more profound comparisons between medicine in the Veda and Indo-European healing traditions. Using Georg Dumezil's tripartite division of ancient Indo-European society as a convenient frame work, it is clear that Vedic medicine, along with most of the healing traditions of Indo-european antiquity was most appropriately a function of the third social order. The ideology of this third estate was usally represented by members of peasant communities and reflected the society's popular folk culture. The Vedic healer's knowledge of the local flora tends to link him to an agrarian-oriented group of people; and his use of magical rituals, amulets, and incantations reflects fundamental folk beliefs. Literature of the third order has traditionally been in the form of folklore, often transmitted orally from generation to generation. In many Indo-European cultures, folk literature preserves the peoples' medical knowledge in the form of folk medicine and home remedies. Being produced by learned men closely associated with the third order, the healing hymns of the Atharvaveda, therefore, reveal one of the earliest forms of folk healing of Indo-European antiquity, and offer an excellent example of ancient folk literature."
49. Learned author in his aforesaid treatise (supra) deals with available Vedic literature for the cure of tuberculosis, chest pain, jaundice, fevers, malaria, cough, tenanus, Constipation, blood-loss, skin, leukoderma and other diseases. The contents show how India was spiritually and scientifically possessing advanced technology and thoughts to cure disease and maintaining human health apart from leading spiritual life to avail the grace of God.
50. The whole world is facing multiplicity of crime which were never heard at least in India or rarely committed in Indian Subcontinent. The re- occurrence of rape (of minor to old ladies), molestation of ladies, foeticide, child sex abuse, quick divorce even after short span of marital life, cheating, in-fidelity, polygamy and alike instances are rising because of present education system. Society is becoming indiscipline. Persons who are responsible to save the public exchequer are indulging in corrupt practices. Allegations are raised even against judicial fraternity with regard to indulgence in corruption and a variety of immoral action. Things are changing and civilized society is gradually to be converted into the 'animal kingdom'. No one feels secure and safe in spite of bundle of law dealing with various subjects and crime. One of the reasons is our educational curriculum. It does not contain substantial chapter or curriculum followed by appropriate training with regard to Yogic Science and morality which teaches a person to restrain him or her by control of mind which has been practised in this country since ages(supra). It is the civilized inputs, social control and maintenance of rule of law which make a society civilized. In the absence of social control and training to respect for law, difference between human and animal shall be obliterated in due course of time.
51. Yoga is not meant only to physical health and control of mind (Man). It enables a person to acquire physical fitness with control of senses, good thought and zeal to lead a balanced life in the field which a person possess. For constitutional functionaries, it is a tool to control senses (Man) and temptation to sacrifice own life while serving the country. Geeta's Rajyoga is for persons who are involved in serving the country either as constitutional functionary or otherwise. Bhaktiyog and Gyan Yoga is for persons who are leading domestic or family life in different field of occupation or wants to lead as aesthetic life as sages. Geeta's Karmyoga means discharge of duty according to own capacity without using the office for vested interest with commitment and dedication to own job. It is not related to religious rituals but as observed (supra) is the code of conduct for human being.
Thus, Yoga includes to regulate different facets of life apart for maintaining a healthy life with healthy mind. Neuropathy is also a tool to regulate healthy life and cure the disease.
52. The problem which India is facing is that our old and traditional mode of treatment by therapy and yoga inherited by us from our forefathers after thousands of years of experience and knowledge in the field has not been recognized in its real perspective by the Government. However, when the western world is recognizing yoga and naturopathy, we have awakened and now partially going back to our old science of yoga and naturopathy along with alopathy.
53. The Act promulgated by State Legislature is of the year 1982, is an instance which shows that now we are realising the importance of yoga and naturopathy. But it is very unfortunate that in spite of the fact that Act was enacted by State Legislature in the year 1982, State Government has done nothing to frame rules, regulations or guidelines under Chapter IV of the Act. It has only sent a letter to government of India calling for certain assistance.
54. The Act being outcome of State Legislature, the responsibility is on the State Government to implement it in its letter and spirit even if no assistance is provided by the Government of India. The number of Universities, Institutions and eminent personalities are available in the country whose assistance may be taken to frame rules and regulations under Chapter 4 of the Act by the State Government but it has not been done. It shows apathy on the part of State Government to discharge its statutory obligation for the public good. Its result is, we are facing a situation where female/girls of tender age to old ladies are molested and raped by antisocial elements, foeticide and child sex abuse has become rule of the day. It shall be appropriate for State Government to comply with the statutory mandate (supra) in pursuance to provisions contained in the Act expeditiously.
55. So far as petitioner's right to practice and teach yoga and naturopathy is concerned there appears to be no reason for interference with its functioning by the State Government. Petitioner has right to continue to practice and teach yoga and naturopathy under the sound principles of law and statutory text available on the subject in accordance to Rules and other statutory provisions. Of course in the absence of the recognition by the State Government or the Government of India the certificate granted by it may not be recognised but work done by it shall be an assistance to public to improve its health and mental status.
56. It is often noticed that the government as well as the courts are reluctant to take into account the ancient Indian Literature like Veda, Upnishad while framing its policy or for delivering a judgment. Final output of every law lies with the welfare of the society. The Ancient Indian civilisation, old customs, tradition and knowledge still available in the form of Ved and Upnishad and other books should not be overlooked while dealing with human problem and related subjects.
57. A great Judge Benjamin N. Cardozo in his famous treatise, "The Nature of the Judicial Process" observed as under :
"The final cause of law is the welfare of society. The rule that misses its aim cannot permanently justify its existence. "Ethical considerations can no more be excluded from the administration of justice which is the end and purpose of all civil laws than one can exclude the vital air from his room and live."
We are not to forget, said Sir George Jessel, in an often quoted judgment, that there is this paramount public policy, that we are not lightly to interfere with freedom of contract. So in this field, there may be a paramount public policy, one that will prevail over temporary inconvenience or occasional hardship, not lightly to sacrifice certainty and uniformity and order and coherence. All these elements must be considered. They are to be given such weight as sound judgment dictates. They are constituents of that social welfare which it is our business to discover."
58. In view of above, there appears to be no reason for the Indian Government and judiciary to overlook the available ancient Indian text which deals with welfare of public. Of course, while considering the Ancient Indian Text like Veda, Upnishad, Geeta, Courts and the government have to ensure that they should act within the constitutional and statutory limits but where ever there is vacuum or indecisiveness while dealing with human subjects, the material available in the Ancient Indian Text like Veda, Upnishad, Geeta may be looked into for the welfare of the peoples across the board. Cardozo rightly said (supra) that we should save the law to conform the logic, history and custom but subject to constitutional limitation. The reason is individual right and the collective right of the society or a section of society should be balanced keeping in view our history which includes Ved, Upnishad, Customs, traditions and culture.
59 (A). Writ petition deserves to be allowed. Hence, we allow the writ petition issuing a writ in the nature of Mandamus commanding the State Government to take a decision in pursuance of power conferred by Chapter IV of Uttar Pradesh Bhartiya Chikitsa Sanstha (Arjan and Prakirna Upbandh) Adhiniyam 1982, (Act No.18 of 1982) and frame rules expeditiously, say, within a period of four months from the date of production of a certificate copy of this judgment and order before the Chief Secretary of the State of U.P. and Principal Secretary/Secretary of the Department. Thereafter Government shall take follow up action in pursuance to Chapter 4 of the Act (supra) and other provisions.
(B). A writ in the nature of mandamus is issued restraining the respondent State of U.P from interfering with the petitioner's functioning except in accordance with statutory provisions.
(C). The Central Government shall also look into the matter and provide necessary assistance and cooperation to the Government of U.P.
(D). Chief Secretary, State of U.P. shall submit compliance report within a period of six months to this Court. Petition shall be listed immediately after six months before the Bench. Senior Registrar shall communicate the Judgment to Chief Secretary Govt of U.P. and Secretary, Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Ministry of Health & Family Welfare, Government of India within two weeks.
Writ Petition is allowed accordingly. Cost made easy.