The Supreme Court on Friday declined to entertain a petition questioning the continued administration of the homeopathic medicine Arsenicum Album in Kerala, which was promoted as an ‘immunity booster’ during the Covid-19 pandemic.
Senior Advocate Anand Grover, appearing for the petitioner, argued before a Bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana that homeopathic medicines, too, must comply with clinical testing requirements under the Drugs and Cosmetics Act before being administered on a large scale. He alleged that Arsenicum Album had not undergone the requisite trials.
“Homeopathic medicines are also subject to clinical trials under the Drugs and Cosmetics Act. It is our case that there were no trials. That is the only issue,” Grover said.
The Bench, however, questioned whether the Supreme Court was the appropriate forum to examine the issue. CJI Kant observed that the question of whether the prescribed protocol had been followed would require an independent inquiry.
“During Covid, all kinds of advisories were issued. Everybody was caught unawares. Nobody knew what was to be done,” the CJI said.
Grover clarified that the plea was not questioning the efficacy of homeopathy but the process followed before the drug was administered.
“I am not asking whether homeopathy is good or bad. I am only on whether a particular drug was administered after following the prescribed protocol,” he said.
He submitted that while exceptional considerations could apply during a public health emergency, the situation was different now as the medicine was allegedly still being administered, including to children in Kerala.
Justice Bagchi pointed out that the pandemic had led to accelerated medical approval processes even for allopathic treatments, including vaccines, owing to the global emergency.
Grover responded that the challenge was not confined to Covid-19 and concerned the continued use of the medicine under AYUSH guidelines issued by the Centre.
The Bench ultimately declined to examine the continued use of Arsenicum Album in the present proceedings. CJI Kant said the petitioner could instead bring a separate challenge alleging that governments were permitting homeopathic medicines to be administered without complying with statutory protocols.
“Not here. File an independent petition and demonstrate that particular governments are permitting administration of homeopathic drugs without following the prescribed protocol,” the CJI said.
