Jago Grahak Jago

Jago Grahak Jago

THE WORD OF THE EXPERT

Prof Bejon Misra on the Unfortunate and Iniquitous Indian Dichotomy in Tobacco Legislation “Merely increasing taxes on certain tobacco products is not a wholesome solution. If the laws cause discomfort to the addicted consumers, it will only push them into a more rebellious and devil-may-care stance. Why not consider educating people about the rampant harmful effects of tobacco consumption and encourage them on the path from addiction to deaddiction by once again starting the 24×7 Toll Free Tobacco Control Helpline and promoting deaddiction centres, apart from a comprehensive policy to address the root cause of ineffective tobacco law and its enforcement.  Come to think of it – Can we consider bringing in a complete ban on tobacco products – aka prohibition – where tobacco is sold only under licenses where necessary? Tobacco is a silent killer – it causes a lifetime of misery and suffering for both the addicts and their families. But will such discriminatory and knee jerk reactions resolve the issues? The government should consider better mechanisms for safeguarding public health that do not cause unnecessary discomfort to the helpless, voiceless, legitimate and addicted consumers.” Attachment: Article Dichotomy of Tobacco Amendment Bill (PDF)

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FRESH FROM THE COURTROOMS

Report on Supreme Court Judgments for the Consumers -by Law Student, Abhishek Nema This report is exclusively brought to you by an intern of Consumer Online Foundation in the form of a brief analysis of 3 judgments pronounced by the Supreme Court of India for the benefit of the consumers of the country. With a personal touch and easy to understand language, this report talks about the window of appeal in any consumer matter, the power of review of the Courts and an effect of the 2002 Amendment. Have you ever been denied your insurance because you got late to inform the Insurance Company about your claim? If yes, this is what you need to know. Attachment: Snippets by Abhishek Nema (PDF)

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AN AWARE CONSUMER IS A PROTECTED CONSUMER

RBI Proposes “One Nation One Ombudsman” Source: “One Nation One Ombudsman” approach for grievance redressal. (2021). The Hindu Business Line. [online] 5 Feb. Available at: https://www.thehindubusinessline.com/money-and-banking/one-nation-one-ombudsman-approach-for-grievance-redressal/article33760595.ece [Accessed 21 Apr. 2021]. Dated: 5th February, 2021 The Reserve Bank of India, on Friday, proposed the ‘One Nation One Ombudsman’ approach for grievance redressal, in a move aimed at enhancing consumer protection. “To make the alternate dispute redress mechanism simpler and more responsive to the customers of regulated entities, it has been decided to implement, inter alia, integration of the three ombudsman schemes and adoption of the ‘One Nation One Ombudsman’ approach for grievance redressal,” said the Statement on Developmental and Regulatory Policies. This is intended to make the process of redress of grievances easier by enabling the customers of the banks, NBFCs and non-bank issuers of PPIs to register their complaints under the integrated scheme, with one centralised reference point, it said. The Integrated Ombudsman Scheme will be rolled out in June 2021. As an alternative dispute resolution mechanism, three ombudsman schemes – Banking Ombudsman Scheme, Ombudsman Scheme for Non-Banking Financial Companies and Ombudsman Scheme for Digital Transactions – are in operation from 22 ombudsman offices of the RBI located across the country. The RBI had operationalised complaint management system portal as a one-stop solution for alternative dispute resolution of customer complaints not resolved satisfactorily by the regulated entities. “The proposed Integrated Ombudsmen Scheme combining the schemes of banks, NBFCs and Non-Bank Prepaid Payments Issuers will help in easy lodging of customer grievances and addressal. It is a step in the right direction for improving the customer service in banks,” said Rajkiran Rai, Chairman, Indian Banks’ Association and Managing Director and CEO, Union Bank of India. ‘A welcome move’ Mandar Agashe, Founder and MD, Sarvatra Technologies, said with interoperability among various payment systems on the rise, the RBI’s new ombudsman approach is a welcome move. “It’s a big step to bring more effectiveness and speed similar to one nation one card,” he said.

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Easing Procedural Complexities of Consumer Complaints

Under Analysis – Neena Aneja & Ors V Jai Prakash Associates Ltd.(2021) SC 164 SHRADDHA TRIPATHIFaculty of Law, University of Delhi The enactment of the Consumer Protect Act, 2019 (hereinafter ‘Act of 2019’) has undermarked radical shifts pertaining to consumer dispute resolution procedures including an alteration to the pecuniary jurisdiction of various Consumer fora across the country. Pecuniary jurisdiction of consumer forum relates to the jurisdiction or the competency of the consumer forum to try a dispute based upon the pecuniary/monetary value of the services/products in relation to which the aggrieved consumer has approached the concerned forum. The newly instituted criteria of pecuniary jurisdiction made a significant shift from the earlier one. A repercussion of this was the emergence of a dilemma upon the jurisdiction of these fora in respect of already pending cases and the urge to arrive at an answer as to when exactly should the newly instituted criteria of pecuniary jurisdiction be adhered to. This uncertainty has been put to rest by the Supreme Court as well as the National Consumer Disputes Redressal Commission, both having ruled upon the applicability of the concerned provisions of the Act of 2019 and Consumer Protection Act, 1986 (hereinafter ‘Act of 1986’) while deciding pecuniary jurisdiction of the Court. As per their aligned ruling Sections 34, 47 and 58, of the Act of 2019 shall have a prospective application, i.e., shall be effective post the enforcement. This implies that the provisions of the Act of 1986 shall remain in force for consumer complaints filed before the 20th of July, 2020. For consumer complaints filed prior to the 20th of July, 2020, jurisdiction of the Commission shall be determined in accordance with Sections 11, 17 and 21 of the Act of 1986. The 2-Judge Bench decision of the Apex Court in the matter of Neena Aneja and others vs Jai Prakash Associates Ltd.1, reasoned that: Sec 6(c) r/w 6(e) of the General Clauses Act provides- the right which has accrued on the date of the institution of the consumer complaint under the Act of 1986 (the repealing law) is preserved and that the enforcement of the right through the instrument of a legal proceeding or remedy will not be affected by the repeal. Thus, the conferred right to file a suit as per the previous Act of 1986 shall stay preserved with the consumer and any alterations shall not snatch the same. The Act of 2019 is silent on transfer of pending cases to the fora in accordance with the provisions of the same and therefore consideration should be given to its purpose. A retrospective application would lead to enormous hardship, uncertainty and expense for the consumer who would have to take the burden of undertaking another round of litigation from scratch, increasing their ordeals and not serving any purpose. The verdict evolved in the backdrop of mushrooming of products and services aided by global supply chains, e-commerce and international trade, thereby expanding the consumer market. Consequentially, consumers have acquired a greater access to new markets which renders them vulnerable to the ongoing menace of unfair and unethical trade practices. This when read with the intent of the legislation that seeks to provide “for protection of the interests of consumers” lead the court to declare a prospective application of the procedure, thereby digressing from the norm of retrospective application of procedural laws. Similarly, the Commission’s raison de etre (primary intention) in Ms. Narinder Chopra v. M/s. Jaiprakash Associated Limited2 has been to avoid any anomalous and absurd situation which shall eliminate method and workability in redressal of consumer complaints. While the retrospective or prospective application of the provisions of Act of 2019 was the primary issue in the above proceedings, the court acknowledged the enormous pendency of consumer cases across Indian fora demanding a speedy disposal of cases, else, preventing the legislation from turning futile. Interventions such as strengthening class action suits and adopting mediation as an alternative dispute resolution mechanism have also been mentioned by the court as essential components of the Act of 2019. This is suggestive of the legislature’s inclination to further the interest of the consumers and provide for a simpler & effective remedy to an already aggrieved consumer. The element of ‘ease of consumers’ has been noticed by the court playing a dominant role throughout the Act of 2019. The underpinned ‘consumer interest’ colouring the court’s interpretation of the Act of 2019 is noteworthy but in the contemporary scheme of facts does not reach far in the actual realization of consumer interests. Swift and speedy redressal mechanisms, man-power concerns of redressal and the infrastructural challenges ought to go beyond a mere acknowledgment towards actual rigorous transformation. Steps to ameliorate these problems need to be suggested, effectively implemented and later continued, followed & improved upon as per the need of the hour. Timely disposal of cases has a huge role in preventing consumer exploitation and serving consumer justice, as is aptly said: “Justice delayed is justice denied”. This consumer justice is not restricted to the concerned consumer-party but has a ripple effect in deterring the exploitative trade practices in the market. Delayed justice acts as a catalyst for expansion of ill-trade practices and their subsistence on account of lethargy & reckless attitude of the justice delivery mechanism. This, created psychology, can only be undercut by a rigorous overhauling and dedicated process that shall inspire faith of the consumers in the provided redressal mechanisms and uphold their interests thereby facilitating the purpose of the legislation, creating a positive impression about markets, market strategies and amicable seller-consumer relationships. Readers may refer to the table below for understanding the pecuniary jurisdiction of Commissions for the concerned goods & services: S. No Dates Pecuniary Jurisdiction 1. FOR CASES FILED BEFORE 20th July, 2020 A. District Forum– less than Rupees 20 lakhsB. State Commission– more than Rupees 20 lakhs but less than Rupees 1 croreC. National Commission– exceeding Rupees 1 crore 2. FOR CASES FILED FROM 20th July, 2020 A. District Forum–

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Ayurvedic Relief from Anxiety, Stress & Sleep Disorder

To build a natural defence against stress disorders, anxiety and insomnia, a blend of 8 herbs that have proven benefits of stress reduction, including adaptogenic herbs like brahmi and ashwagandha, is what you need. By lowering stress levels and promoting deep relaxation, such a formulationrelieves common mental health problems and improves sleep quality which is linked to elevated stress levels. Stress is an inescapable reality of modern life, giving rise to various stress disorders and anxiety disorders, including insomnia. Due to the chronic nature of these problems, patients require sustained treatment. This Ayurvedic formulation will help you to get an effective solution as they are completely natural and free of any synthetic ingredients, making them safe for regular consumption. The relaxant and sedative actions are induced by natural ingredients, which have mild effect and must therefore be used consistently to be effective. Some of the most prominent herbs used in such a formulation are as follows: Malkangani: This herb is known as Medhya (Brain Tonic or Nootropic) in Ayurveda. It has hot potency, pacifiers Vata, acts as a nervine stimulant and has anti-stress and calming effects. It is used in Ayurveda for improving concentration, alertness, and other cognitive functions. Krushna Kamal: Also known as Passion flower, it is used traditionally as a calming herb for anxiety, stress, sleep disturbances. The plant promotes relaxation and helps with agitation, anxiety, nervousness and stress. Pimplimool: The root of long pepper is used in Ayurveda to induce sleep. It improves digestion, relieves bloating, abdominal colic and thus, helps in sleep problems or discomfort caused by disturbed digestion. Sarpagandha: Also called Indian snakeroot, this medicinal plant is famous for its benefits in the mental disorders. It calms the central nervous system and reduces anxiety, irritability, and aggression. Nagarmotha: Commonly known as Nut grass, it helps in managing stress and anxiety. It is known to give a calming and balancing effect on the body. Kapurkachli:This Ayurvedic herb is known to treat digestive disorders, cardiac, debility, blood disorders, respiratory afflictions, and skin diseases. Shankhavali: Also called Shankapushpi, this herb popularly known as the “Brain Tonic”. It helps to improve memory, treats epilepsy, controls vomiting and helps to cure a headache. It also stimulates the treatment of diabetes. Ashwagandha:Also called Indian Ginseng, Ashwagandha is essentially an element or Rasayana that increases longevity and vitality. It is prescribed for arresting aging process, revitalizing the body in debilitated conditions, boosting immunity as well as treating musculoskeletal conditions. Shatavari: Derived from the Asparagus plant, this Ayurvedic herb increases the brain power and helps relieve mental stress. Jatamansighan: Also known as Spikenard, Jatamansi is a natural brain nervine tonic, a memory enhancer, and a daytime tranquiliser which has a calming effect. It is widely used to treat neuropsychiatric diseases as it helps maintain hormonal balance in the nervous system, thereby preventing seizures in epileptic patients. Brahmi ghan: Also known as Bacopa, Bramhi helps relieve stress and is therefore used as a treatment for various ailments such as migraines, Alzheimer’s disease, memory loss, anxiety, ADHD, and epilepsy, amongst others. It also acts as a daytime tranquilizer and brain cell toner. Valo:This prominent Ayurvedic herb is known for its anti-inflammatory and antiseptic effects. It offers relief from inflammations in the circulatory system and nervous system. Vekhand: Also known as Sweet Flag or Sweet Root, Vekhand treats different clinical conditions such as digestive system problems, gas, bloating, bronchitis, fever, asthma, cough, rheumatism, etc. Its rhizome oil acts as a nerve stimulant, sedative as well as an analgesic. Khurasni: Also known as Henbane or Jupiter’s Bean, this prominent herb proves to be quite effective for headaches, rheumatism, toothaches, kidney stones and liver pain. It has calming effects and provides relief from insomnia also. Note: We recommend a consultation with an Ayurvedic physician before consumption of these products as each body & individual is unique.

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Comments Invited on the AYUSH Survey Report

ANALYTICAL REPORT ON “CONSUMER’S PERSPECTIVE ON AYUSH” The Indian System of Medicine is of great antiquity. It is the culmination of Indian thought of medicine which represents a way of healthy living valued with a long and unique cultural history, as also amalgamating the best of influences that came in from contact with other civilizations be it Greece (resulting in Unani Medicine) or Germany (Homeopathy) or our scriptures/sages which gave us the science of Ayurveda, Siddha as well as Yoga & Naturopathy. Like the multifaceted culture in our country, traditional medicines have evolved over centuries blessed with a plethora of traditional medicines and practices. For More Information : Read More

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Indian Perspective on AYUSH System of Medicines

AYUSH Systems of Medicine, a Viable Solution for COVID-19 amidst the Uncertainty of Vaccination & Herd Immunity – an Indian Perspective Hima Bindu Ponnam1* and Butchi Raju Akondi Homoeopathic Clinical Research Unit, Central Council for Research in Homoeopathy, Under Ministry of AYUSH, Government of India, Hyderabad, Telangana, India; drdewdrop@gmail.com Department of Clinical Pharmacy and Pharmacology, Ibn Sina National College for Medical Studies, Jeddah, Saudi Arabia; drraju2020@gmail.com In this era of major modern medical advancements, a way of lurking uncertainty still persists about human life in combating the upcoming novel viral diseases as present SARS-CoV2 virus causing COVID-19. COVID-19 tremendously pushed the whole world into a wave of anxiety and stress in terms of uncertainty about life and death. As on 17th May 2020, in India, the infected cases are 90,927 amongst which active cases 53,946, deaths are 2872, and cured discharged cases are 34,1081. The Case fatality rate as on this date is around 3.2% in India and the recovery rate is 37.5% which seems to be very positive when compared with other suffering countries of the world. A precise introspection in this regard is very much essential at this juncture of endangered human life. Before analyzing the fact, lets us see why such an immense uncertainty prevailing regarding the treatment of COVID-19 and its containment. The last 2-3 months of fact sheet enabled us to understand that 81% of cases of COVID-19 were asymptomatic, 14% severely exhibited with symptoms and only 5% needed critical care. At this stage where no known established treatment regimen is prevailing, the management of COVID-19 remains a challenge to the whole world. The treatment approach presently being utilized world-wide is the allopathic system of medicine with different opinions from experts including retroviral medicines combination used in HIV cases & remsedivir developed for Ebola), Hydroxy-chloroquine (HCQ). These broad-spectrum antibiotic regimens being used currently are meant for treating bacterial infections coming after a virus attack but not to treat COVID-19 directly and they pose a lot many adverse side effects as on record. In critical cases, oxygen therapy, intravenous fluid infusion, and life-saving ventilator therapy are being utilized in combination as per the condition of the patient. Leaving aside the treatment options, let us evaluate the other possible strategies for the containment of the virus. The most awaited and the discussed option is the Vaccination which is under different phases of trials in different countries at present. Vaccination is the administration of a vaccine to help the immune system develop protection from a disease and it contains a microorganism or virus in a weakened, live or killed state, or protein or toxins from the organism. When we go through the history of vaccinations, it is evident that preparing a vaccine for an epidemic is a lengthy and expensive process, which may take about a year or two or even more. Also how far the vaccination would succeed is doubtful on account of different strains of the virus and also a study by Li and her collaborators recently found it evident that the SARS-CoV2 virus has acquired mutations capable of substantially changing its pathogenicity and also its mutations again throwing us into uncertainty. Coming to the Herd Immunity (HI), a much-out spoken concept by many expert epidemiologists. Herd Immunity happens when so many people in a community become immune to an infectious disease that it stops the disease from spreading. It happens in two ways: one is that many people contract the disease and in time build up an immune response to it (natural immunity) and the other many people are vaccinated against the disease to achieve immunity. As we already discussed the option of vaccination which have a higher chance of failure. Coming to the natural herd immunity, in which we are leaving the population at risk to contract the disease. Again this depends on the average number known as the basic reproductive number commonly symbolically designated as “R0” – that is the average number of other persons that an infectious person will infect with an agent in a completely susceptible population. This may become very risky when the clinical consequences of the infection are greater for the vulnerable low immunity groups (children, old age, and pregnant women). The United Kingdom initially opted for it but in view of the fatal consequences of increasing mortality rates had to withdraw opting for lockdown restrictions in their country. Ultimately, herd immunity option also exhibits a risk of mortality and uncertainty. Finally comes the much-weighted statement about COVID-19 prevention is possessing a natural strong immunity within the human body. Moving into the introspection of the Indian perspective, India is a country full of rich ancient culture and heritage lasting from thousands of years. Many ancient scriptures envisaged the use of a vast number of natural remedies in boosting the immunity of a person. In India when we critically observe the treatment regimens opted for, it has been found that a considerable amount of people give preference to Ayurveda, Yoga, Unani, Siddha, Sow Rigpa, and Homoeopathy (AYUSH) systems of medicine which are the rich heritage of India. Even the Indian Government supports these systems of medicine under the National Health Mission and taken necessary steps to mainstream these systems of medicine to bring an equal status to the allopathic system of medicine. The Indian government has formed a separate Ministry of AYUSH in 2014 to strengthen the potential of these systems of medicine in reaching the masses. The Confederation of Indian Industry website states that the AYUSH is currently a $10 billion market and is expected to grow to a $15 billion market by 2020 (https://www.ciiblog.in/industry/ayush-is-booming-in-india/). According to AYUSH systems, the common reasons for preferring these treatment options includes lesser side effects, effective disease management, and improvement of quality of life and health promotion, higher preventive potential, and cost-effectiveness. All these systems are highly known for their holistic approach of treatment and their main modus operandi of remedies is to strengthen the natural immunity of the individual which in turn stimulates the human body to fight with

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Potential Role of AYUSH Kwath- Immunity Against Covid-19

Immunity against COVID-19: Potential role of Ayush Kwath Shankar Gautam, Arun Gautam, Sahanshila Chhetri, Urza Bhattarai a) Ministry of Health and Population, Kathmandu, Nepal b) Ministry of Social Development, Gandaki Province, Nepal c) TU Ayurveda Teaching Hospital, Kirtipur, Nepal d) MCOMS, Pokhara, Nepal Abstract SARS-CoV-2 infection associated respiratory disease- COVID-19 has evolved into a pandemic but, being a new form of virus, pathogenesis of disease causation is not fully understood and drugs and vaccines against this virus are still being tested so that no effective drugs or vaccines have been advised by regulatory authority. In this context, the Ministry of AYUSH, Government of India has recommended ‘Ayush Kwath’ to improve the immunity and combat the infection. Our objective of this literature review is to review the role of immunity in pathogenesis of COVID-19 and role of Ayush Kwath against the virus and regulation of immunity. Current review was conducted using a search of available literature on COVID-19 and immunity, Vyadhikshamatwa, Ayurveda and COVID-19, Rasayana, Coronavirus, SARS-CoV-2, immunomodulatory effects of medicinal plants; Tulsi/Holy Basil/Ocimum sanctum, Dalchini/Cinnamon/Cinnamomum zeylanicum, Sunthi/Ginger/Zingiber officinale and Marich/Black Pepper/Piper nigrum. Ayur-veda, being an ancient science have both medicinal and cultural values and had stimulated our kitchen and influenced what we ate in different seasons and the remedies we used for common ailments. Herbs such as Tulsi, Marich, Sunthi, Dalchini are the most commonly used and easily available drugs in home. Thus, Ayush Kwath due to its immune-modulatory, antiviral, anti-oxidant, anti-inflammatory, anti-platelet, anti-atherosclerotic, hepato-protective, reno-protective properties; seems to be effective in immuno-regulation for controlling viral infections like COVID-19. Further pre-clinical and clinical trials need to be done for the evaluation of safety and efficacy of this polyherbal formulation. © 2020 The Authors. Published by Elsevier B.V. on behalf of Institute of Transdisciplinary Health Sciences and Technology and World Ayurveda Foundation. This is an open access article under the CC BY-NC-ND license 1. Introduction COVID-19, also known as severe acute respiratory syndrome corona virus 2 (SARS-CoV-2) is an infectious disease believed to be originated from bats and transmitted to human beings [1]. Being a new form of virus, pathogenesis of disease causation is not fully understood and drugs and vaccines against this virus are still being tested so that no effective drugs or vaccines have been advised by regulatory authority. Not only for Coronavirus, have many other viruses also lack preventive vaccines and effective antiviral medications. Studies have explored that these viruses can form drug-resistant mutants, which decrease the existing drug’s efficacy. So, these viruses can be a threat to the mankind for long time [2]. High mortality among immune-compromised and those with some underlying pathology implies that the factors that improve immunity can prevent serious manifestations due to COVID-19 infection [3]. Many herbal products are found to have immune-modulatory and antiviral property, so their discovery can be a milestone in the prevention and control of COVID-19 [2]. In this context, the Government of India has recommended to take ‘Ayush Kwath’ in order to boost the immunity. As this is a new formulation, this needs to be validated scientifically. We have made an attempt to review the immune-pathogenesis of COVID-19 and the role of each herb over it. 2. Immunopathogenesis of COVID-19 The ‘S’ protein of coronavirus can bind to host cells through the ACE2 receptor found in the oral and nasal mucosa [1,4]. Other sites where ACE2 receptors are found are lungs, stomach, intestine, bladder, heart, and kidney [5]. Variable presentation of disease in different age groups, serious manifestations that are seen more commonly in immune-compromised, old aged and in those with underlying pathology, many asymptomatic cases in pediatric age group, and presence of lymphopenia in the majority of the cases; these factors implies that immunity has a vital role in the patho-genesis of COVID-19 [1,6e8]. It is assumed that our immune system has lack of memory against such a virus that gave it an edge over humans [3]. Viruses cause cell destruction mainly in two ways; direct cyto-pathic effects of the virus and immune response mediated destruction [9]. COVID-19 cannot lyse the cells directly as the major pathway of cell destruction is due to immune-mediated destruction [10,11]. It has been mentioned that unlike adults, less vigorous cell-mediated immune response in alveoli of children results in being asymptomatic in the majority of cases [3]. The pathogenesis can be split into two stages: Non-severe and Severe [12]. 2.1. Non-severe stage The virus fuses with the host cell membrane and enters inside the host cell through airway epithelium [13,14]. The virus propagates and multiplies inside the host cell and can reach lower airway and alveoli. In adults with good innate cellular and humoral immunity propagation of virus can be limited and viral load reaching alveoli can be reduced thus recovery can take place within 2e3 weeks with mild symptoms [3]. Humoral immunity prevents the viruses to enter new cells while cell-mediated immunity targets on eradicating virus-infected cells [1,15]. In this stage, a strong immune system can be helpful in preventing the propagation of the virus thus reducing the severity of the disease [12]. 2.2. Severe stage Once the immune system is breached, the virus propagates and reaches the lower respiratory tract and alveoli. Then the virus can penetrate alveoli and reaches systemic circulation causing viremia [3]. The virus binds to multiple organs having ACE2 receptor protein. During this stage, cell-mediated immunity becomes robust and starts releasing various pro-inflammatory cytokines (IFN-a, IFN-g, IL-1B, IL-6, IL-12, IL-18, IL-33, TNF-a, etc.) and chemokines (CCL2, CCL3, CCL5, CXCL8, CXCL9, CXCL10, etc.) causing damage to multiple organs known as Cytokine storm [16,17]. We may need to suppress the inflammation for improvement during this severe stage [12]. IL-6 receptor antagonist (Tocilizumab), and anti-inflammatory interleukin (IL-10) are proposed to have a thera- peutic role in the reduction of severity and mortality of COVID-19 [18,19]. As increased risk of thromboembolic phenomena is also found to be associated with COVID-19, prophylactic antithrombotic medications are advised during this stage [20]. 3. Ayurveda purview 3.1. Disease concept It seems that most early cases had a history of contact with the original market for seafood, but the disease has now advanced to

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