New Delhi:

“What about the nameless people who took these Patanjali medicines that are said to cure incurable diseases?” These were the strong words of the Supreme Court amid a brutal crackdown on the Uttarakhand authorities as Uttarakhand State authorities have taken no action against the Haridwar-based Patanjali Ayurvedic Company founded by yoga guru Ramdev and his associate Balkrishna.

The court’s remarks included a “post office” metaphor from state authorities and a warning that it “will tear you apart”, with Justices Hima Kohli and Amanullah rejecting Ramdev and Balkrishna’s apologies and saying An order will be passed on April 16. The Indian Medical Association (IMA) has been fighting for nearly three years against the misleading claims made by Ramdev and Patanjali.

Let’s take a look at how this case unfolded:

Beginning: Coronil’s Launch

In February 2021, just before the delta wave of Covid hit, Ramdev launched Patanjali’s Coronil, which he described as “the first evidence-based medicine for COVID-19”. The launch was attended by Harsh Vardhan, then Union Health Minister and a doctor. The event poster claims that Coronoil has a pharmaceutical certificate and is recognized by the World Health Organization for Good Manufacturing Practice. However, WHO clarified that it has not yet reviewed or certified any traditional medicines to treat or prevent COVID-19.

The IMA said it was appalled by “blatant lies” over the WHO’s certification of a “secret drug” launched in the presence of the health minister. The country “needs an explanation from the minister,” the statement said.

A few months later, a video of Ramdev went viral, in which he said allopathic medicine was a “stupid and bankrupt symbol” that was “responsible for hundreds of thousands of deaths.” He said there is no modern medicine that can cure coronavirus. The IMA responded by issuing a legal notice to Ramdev and demanding an apology and retraction of the statement. It issued a statement calling on the then health minister Dr Harsh Vardhan to file charges under the Epidemic Diseases Act against the yoga guru. Patanjali Yogpeeth was criticized and responded by saying that Ramdev was just reading out the forwarded WhatsApp message and had no ill intentions towards modern science.

what the authorities are doing

according to a BBC reportIn December 2020, Patanjali urged state authorities to change Coronil’s license from an “immunity booster” to a “Covid-19 drug” license. The next month, the company said the product was approved as a “supportive measure” in the fight against the coronavirus.

The Ayush Ministry and Uttarakhand authorities later confirmed to the BBC that the new license had been issued, but made it clear that Coronil was “not a cure” for the coronavirus. “The upgraded license means it can be marketed like zinc, vitamin C, multivitamins or any other supplementary medicine,” said Dr YS Rawat, then director of the Uttarakhand traditional medicine department and state licensing agency. “it [Coronil] It’s not a cure,” he said.

In its reply to the Supreme Court, the Center said Patanjali has been told not to publish misleading advertisements until the matter is investigated by the Ayush Ministry. It added that following a detailed interdisciplinary procedure, the national licensing authority was informed that Coronil tablets “can only be considered a Covid-19 support measure”. It also said that the Center has taken proactive steps against false claims of Covid-19 cure.

case

The IMA had filed a petition against Patanjali in August 2022 after an advertisement titled “Misconceptions spread by allopathic medicine: Save yourself and the country from misconceptions spread by the pharmaceutical and medical industry” was published in newspapers. Advertisements claim that Patanjali medicine has cured people of diabetes, hypertension, thyroid, cirrhosis, arthritis and asthma.

The doctors’ association also referred to Ramdev’s earlier remarks about modern medicine, saying the “continued, systematic and unabated spread of misinformation” was linked to Patanjali’s attempts to cure someone through the use of Patanjali products. These illnesses are accompanied by false and unfounded claims.

By law, the Medicines and Other Miraculous Medicines Act regulates miracle pill claims, providing for jail terms and fines for misleading advertising.

On November 21, 2023, the Supreme Court warned Patanjali against claiming that his products can completely cure diseases such as diabetes and hypertension and threatened heavy fines.

Patanjali’s lawyers then assured that “going forward, there will be no further violations of any laws, especially those related to product advertising and branding,” court documents said. He also assured the court that “no random statements claiming the efficacy of any system of medicine will be made to the media in any form”.

what happens now

On January 15 this year, the Supreme Court received an anonymous letter addressed to Chief Justice of India DY Chandrachud, and the copy was marked with Justices Kohli and Amanullah. The letter mentioned that Patanjali continues to run misleading advertisements. IMA’s counsel, senior advocate PS Patwalia, also showed the court the newspaper advertisement following the warning on November 21, 2023 and the transcript of the press conference held by Ramdev and Balkrishna.

“Prima facie, this court is of the view that respondent No. 5, Patanjali Ayurved Limited, has breached the undertaking made by it in its order dated November 21, 2023,” the court said.

It asked the company to answer why contempt proceedings should not be initiated. In scathing remarks, the court said “the nation is being cheated” and said the government was “sitting with its eyes closed”.

At the next hearing on March 19, the court was told that Patanjali was yet to file his reply to the contempt notice. It then asked Ramdev and Balkrishna to come forward in person. On March 21, Patanjali Managing Director Balkrishna issued an unreserved apology.

knock down

The court came down heavily on Ramdev and Balkrishna during a hearing on April 2, calling them “absolute contempt” for not filing a proper affidavit regarding the misleading advertisement. The court found the ads complied with “the provisions of the law” and told them to “be prepared to take action”.

“You should ensure that this solemn promise is in letter and spirit. We can also say that we are sorry for not accepting it. Your apology will not convince the court. It is more of a promise in words,” the top judge said The court said it rejected their apology and asked for the affidavit to be submitted within a week.

The apology was rejected by the Supreme Court yesterday after the court noted that it had been sent to the media first. “Until the matter came to court, the objectors did not see fit to send us the affidavit. They sent it to the media first and did not upload it for us until 7.30pm last night. They clearly believed the propaganda,” Judge Colley said.

Senior advocate Mukul Rohatgi, appearing for the Patanjali founder, said he could not speak on behalf of the registry and that an apology had been served.

Justice Amanullah asked whether the apology was “sincere”. “Mere apology is not enough. You should bear the consequences of violating the court order. We don’t want to be generous in this situation,” he said.