New Delhi: It is a person’s choice to avail health services under Ayush or allopathic medicine, and denigration of any system should be discouraged, the Centre has told Supreme Court in its reply in the misleading advertisements case against Patanjali Ayurved and its founders, Yoga Guru Ramdev and his aide Balkrishna.
Ahead of the Supreme Court hearing on Wednesday in a case filed by the Indian Medical Association (IMA) over misleading advertisements by Patanjali and Baba Ramdev, the Centre criticised Patanjali for questioning efficacy of Allopathy or modern medicines in its affidavit filed in the top court.
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The AYUSH Ministry of the Modi Government distanced itself from Baba Ramdev’s claims of curing Covid-19 with Coronil and said that it had asked Patanjali to not publicise Coronil as a cure for Covid-19 till it was duly examined.
Acharya Balakrishna, the Patanjali MD and Baba Ramdev also filed separate replies to the top court a day before the hearing and tendered unconditional apology to the Supreme Court in response to the contempt notice issued to them by the court.
The Centre in its affidavit said that it is a personal choice of an individual to avail Allopathy or Ayurveda. The AYUSH Ministry told the apex court that the Centre advocates an integrated health care system. It also said that denigration of a system of medicine should be discouraged in public.
The Centre further said that Patanjali was asked to not publicise medicine till it was duly examined by the AYUSH Ministry. It said that the Ministry had clearly mandated specified requirements for conducting clinical trials. In the previous hearing the top court had told Centre that it has a lot to answer and explain over Coronil.
Baba Ramdev and Patanjali MD also tendered unconditional apology to the top court for violating its own undertaking in the top court and disparaging modern medicines to promote his products.
In the last hearing the top court had blasted Ramdev and Patanjali MD over the contents of their apology affidavits and refused to accept it. The court called his apology merely lip service.
The Indian Medical Associations (IMA) moved the top court seeking direction to the Centre, Advertising Standards Council of India (ASCI), and the CCPA (Central Consumer Protection Authority of India) to take action against advertisements and campaigns that promote the AYUSH system by downgrading Allopathy.
The petition raised concern over misleading statements by Baba Ramdev against allopathy and false claims by Patanjali of curing certain diseases in advertisements. The IMA has contended that despite the Ministry of AYUSH signing a Memorandum of Understanding (MoU) with the ASCI for monitoring misleading advertisements, Ramdev continues to flout norms.
The Centre’s reply says that states are the empowered authority to act against advertisements claiming magic remedies. However, the Centre has taken up the matter in a timely manner as per the law, it said. Referring to Patanjali’s claim that it had developed a drug, Coronil, as a cure for Covid-19, the affidavit says the company had been told not to put out such advertisements till the matter is examined by the Ayush Ministry.
The Centre’s reply says that after a detailed interdisciplinary process, the State Licensing Authority was informed that Coronil tablet “may only be considered as supporting measures in Covid-19”. It also says that the Centre has taken proactive steps with regard to false claims for Covid cure. States and Union Territories have been asked to stop ads of Ayush-related claims for Covid treatment.
The Government of Uttarakhand, where Patanjali Yogpeeth is based, has also filed an affidavit in Supreme Court, stating that it has been vigilant and has taken appropriate steps to ensure legal compliance by Patanjali. The State Government has said Patanjali was sent multiple notices, but it sought refuge under a 2019 interim order of Bombay High Court
