The Supreme Court has issued strong remarks against the Uttarakhand authorities for their failure to take action against Patanjali Ayurved, founded by Yoga guru Ramdev and Balkrishna. The court's comments came as it rejected apologies from the duo, with Justice Hima Kohli and Justice A Amanullah stating that they will pass an order on April 16.
"What about all the faceless people who have consumed these Patanjali medicines stated to cure diseases which cannot be cured?" the court questioned, highlighting the seriousness of the issue.
The Timeline of Events
The Beginning: Coronil's Launch
In February 2021, Ramdev launched Coronil, just before the Delta wave of Covid wave struck. Coronil was touted as the "first evidence-based medicine for COVID-19". The launch, attended by then Union Health Minister Harsh Vardhan, claimed WHO's Good Manufacturing Practices recognition, a statement later clarified by WHO as false.Initially the event poster claimed that Coronil was a pharmaceutical product which was also recognised by the WHO's Good Manufacturing Practices. Later, however, WHO clarified that it had not reviewed or certified any traditional medicine to treat or prevent COVID-19.
The Indian Medical Association stated that it was shocked by the 'blatant lie' of WHO certification for the reportedly 'secret medicine' which was launched in the presence of the Health Minister, Harsh Vardhan. The country "needs an explanation" from the minister, it said.
Months later, a video of Ramdev went viral, in which he was heard saying that allopathy was a "stupid and bankrupt science" that is "responsible for the deaths of lakhs of people". He claimed that no modern medicine was curing Covid. In response, the IMA sent a legal notice to Ramdev, seeking an apology and withdrawal of statements. It appealed to then Health Minister Dr. Harsh Vardhan to take action against the Yoga guru under the Epidemic Diseases Act. Patanjali Yogpeeth responded by stating that Ramdev was only reading out from a forwarded WhatsApp message and has no ill-will against modern science.
Authorities' Response
According to a BBC report, in December 2020, Patanjali urged state authorities to change Coronil's license from an "immunity booster" to one for "medicine for Covid-19". The following month, the company claimed that the product had received approval as a "supporting measure" against Covid-19.
The AYUSH Ministry and Uttarakhand state authorities confirmed to the BBC that a new license had been issued, but emphasized that Coronil was "not a cure" for Covid-19. Dr. YS Rawat, then director of Uttarakhand traditional medicine department and state licensing authority, explained that the upgraded license meant Coronil could be sold like zinc, vitamin C, multi-vitamins, or any other supplemental medicines, but it was not a cure.
In its reply to the Supreme Court, the Centre stated that Patanjali had been instructed not to publish misleading advertisements until the Ayush Ministry had reviewed the matter. It further stated that after a detailed interdisciplinary process, the State Licensing Authority was informed that the Coronil tablet "may only be considered as a supporting measure in Covid-19". The Centre also mentioned that it had taken proactive steps regarding false claims related to Covid cure.
The Case
In August 2022, the Indian Medical Association (IMA) filed a petition against Patanjali after it published an advertisement in newspapers titled 'Misconceptions Spread By Allopathy: Save Yourself And The Country From The Misconceptions Spread By Pharma And Medical Industry'. The ad claimed that Patanjali drugs had cured people of diabetes, high blood pressure, thyroid, liver cirrhosis, arthritis, and asthma.
The IMA highlighted the "continuous, systematic, and unabated spread of misinformation" by Patanjali, along with Ramdev's earlier remarks on modern medicine. The doctors' body criticized Patanjali's efforts to make false and unfounded claims about curing certain diseases through the use of Patanjali products.
The Drugs and Other Magical Remedies Act, which regulates magic pill claims, stipulates a jail term and fine for misleading advertisements.
On November 21, 2023, the Supreme Court warned Patanjali against claims that its products can completely cure ailments such as diabetes and high blood pressure, threatening heavy fines.
Patanjali's counsel assured the court that there would be no further violations of laws, especially regarding advertisement and branding of products. He also assured that "no casual statements of claiming medicinal efficacy of any system of medicine will be released to the media in any form".
Recent Developments
On January 15 of this year, the Supreme Court received an anonymous letter addressed to Chief Justice of India DY Chandrachud with copies marked to Justice Kohli and Amanullah. The letter highlighted misleading advertisements being continued by Patanjali. The IMA's counsel, Senior Advocate PS Patwalia, also presented newspaper advertisements after the November 21, 2023 warning and transcripts of a press conference by Ramdev and Balkrishna following the court's hearing.
The court expressed its initial opinion that Patanjali Ayurved Limited had violated the undertaking recorded in the order dated November 21, 2023. It demanded a reply from the company on why contempt proceedings should not be initiated. The court strongly remarked that the "country is being taken for a ride" and criticized the government for "sitting with its eyes shut".
In the subsequent hearing on March 19, the court learned that Patanjali had not responded to the contempt notice. It then summoned Ramdev and Balkrishna to appear in person. On March 21, Balkrishna, the managing director of Patanjali, issued an unqualified apology.
In its April 2 hearing, the court heavily criticized Ramdev and Balkrishna for their "absolute defiance" in not filing proper affidavits regarding the misleading advertisements. The court observed that the ads violated the law and warned them to be "ready for action".
The Supreme Court expressed dissatisfaction with their apology, stating, "You should have ensured that the solemn undertaking was followed in letter and spirit. We can also say that we are sorry for not accepting it. Your apology is not persuading this court. It is more of a lip service." The court rejected their apology and instructed them to file affidavits within a week.
Subsequently, the court rejected this set of apologies after noting that they were first sent to the media. Justice Kohli remarked, "Till the matter reached the court, the contemnors did not find it fit to send us the affidavits. They sent it to the media first, until 7.30 pm yesterday it was not uploaded for us. They clearly believe in publicity."
Senior Advocate Mukul Rohatgi, appearing for the Patanjali founders, said he cannot speak for the registry and that the apologies had been served.
Justice Amanullah asked if the apology is "even heartfelt". "Tendering apology is not enough. You should suffer the consequences for violating the court's order. We do not want to be generous in this case," he said.
The Supreme Court's firm stance reflects its commitment to combat misleading claims and safeguard public health.
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