As an immediate consequence, to the extensive reporting and public roar, the parliament was forced to take ‘corrective measures’ and thus it approved The Criminal Law (Amendment) Ordinance, 2018 which was signed by the President on the 21st of April, 2018.
The Doctrine of pith and substance is an old concept, borrowed by Indian Constitutional makers from the ‘Canadian Constitution’. The word ‘pith’ denotes ‘true character or essence’ and ‘substance’ denotes ‘the most significant part of a thing’. Hence, this doctrine aims to find out the true nature of a statute.
An outright ban would defeat the purpose of a ban as it would only create a black market which is more harmful in the long term. However, regulation and taxation could be a solution to reduce the consumer base until scientific evidences prove their health risk,
The Union Cabinet on 29th July 2020, gave nod to the "New Education Policy 2020" which proposes for several structural changes in all levels of education with an aim for hundred percent adult literacy in India.
The current emergent pandemic is extraordinary and certainly call for diverse actions but the practicability of putting an absolute embargo on the legal standards of medical practice don't seem to be justified. The solution may lie in a separate set of directives being issued in light of the prevalent situation so as to balance the interests of the patients, doctors and other stakeholders.