Interim Order Issued Against Patanjali and Baba Ramdev
The Delhi High Court has directed Patanjali Ayurved and its promoters, including Baba Ramdev, to remove claims that allopathy doctors were responsible for the deaths of lakhs of people during the COVID-19 pandemic. This order was issued while promoting Patanjali’s Coronil as a “cure” for the virus. Justice Anup Jairam Bhambhani passed an interim order restraining Ramdev, his associate Acharya Balkrishna, and Patanjali Ayurveda from making such allegations.
Court’s Directive and Rationale
“I have directed the defendants to take down certain tweets in three days. If they fail to do so, the social media intermediaries will take down the content,” the judge stated. In a detailed judgment, the Court ruled that Ramdev’s conduct in blaming allopathic doctors for COVID-19 deaths is “egregious.” The Bench emphasized that labeling Patanjali tablets as Coronil amounts to mislabeling, which is impermissible under the Drugs and Cosmetics Act.
Potential Risks to Public Health and Ayurveda
The Court stressed that if Ramdev and Patanjali are allowed to promote and advertise Coronil, the public will be at risk, and Ayurveda may come into disrepute. The judgment stated, “A plain reading of the impugned material shows that the contesting defendants [Ramdev, Balkrishna, and Patanjali] have represented to the public-at-large that the said Tablet [Coronil] is a treatment, medicine, and even cure for COVID-19. Such statements and representations are clearly contrary to, and in flagrant violation of, the statutory approvals, certifications, and licenses issued by the Ministry of AYUSH and/or by the Licensing Authorities.”
Vulnerability of the Public During the Pandemic
Justice Bhambhani noted that these statements were made when people were most vulnerable during the pandemic, prone to accepting information from prominent figures like Ramdev and his associates. “If the contesting defendants are permitted to continue to promote and advertise the said Tablet, not only would the public-at-large be at risk of their health, but the ancient and venerated system of Ayurveda may itself come into disrepute,” the Court concluded.
Defamation Case Filed by Medical Associations
The Court was addressing a defamation case filed against Patanjali and its promoters by various resident doctors’ associations, including AIIMS Rishikesh, Patna, and Bhubaneswar, the Association of Resident Doctors at PGIMER Chandigarh, the Union of Resident Doctors of Punjab (URDP), Resident Doctors’ Association at Lala Lajpat Rai Memorial Medical College, Meerut, and the Telangana Junior Doctors’ Association, Hyderabad.
Misleading Claims by Ramdev and Patanjali
The doctors argued that Ramdev and his associates made false claims, such as:
· Allopathy is responsible for the deaths of lakhs of people due to COVID-19.
· Allopathic doctors have been causing the deaths of thousands of patients.
· Allopathic doctors have been profiteering off patients by advising medicines that act as poison.
These misleading claims, according to the doctors, sowed doubts in the public mind regarding the safety and efficacy of allopathic treatments and COVID-19 vaccines.
Allegations of Public Nuisance and Misrepresentation
The doctors sought an interim order to restrain Ramdev, Acharya Balkrishna, and Patanjali Ayurveda from making defamatory allegations against allopathy and from promoting Coronil as a COVID-19 cure. They alleged public nuisance and misrepresentation by Ramdev for making statements against allopathic medicine and doctors while promoting Coronil. The plaint filed by the doctors stated, “The misinformation campaign as to the alleged ill-effects and lack of efficacy of allopathy during the ongoing pandemic has the propensity to divert people from allopathic treatments prescribed as the standard form of care, even by the Government of India, and thereby directly violates the right to health of persons in India, which is a facet of Article 21 of the Constitution.”
(With inputs from agencies)
