SC seeks Response from Centre on Plea seeking bar on administration of Arsenic album 30 as Covid-19 preventive, immunity booster

New Delhi: While considering the plea challenging the administration of homeopathic medicine "Arsenic Album 30" as an immunity booster and seeking to restrain the administration of the same in a mass manner to ant section of the population, particularly the children, the Supreme Court has sought the response from the Central Government, the Central Council for Research Homoeopathy and the State of Kerala.

Directing the respondents to file their affidavits, the top court division bench of Justice Aniruddha Bose and Justice SV Bhatti listed the matter after six weeks.

"The respondents are yet to file affidavits in this matter. Counter affidavit be filed within three weeks and rejoinder thereto within two weeks thereafter. List after six weeks," read the top court order dated July 18, 2023.

The plea was filed by Dr.Cyriac Abby Philips and others back in the year 2021 and it challenged the Ayush Ministry's Advisories and Guidelines which empowered the State Government in the prescription of Arsenicum Album 30 as a homeopathic immune booster. Medical Dialogues had earlier reported that last year the Apex Court sought to know the stand of the Central Government and other concerned authorities in this regard.

Petitioner Cyriac Abby Philips, who is a liver transplant specialist from Kerala, has been vocal about the usage of Ayurvedic herbals and how they allegedly harm patients. He came under the radar of the Kerala State Medical Council for Indian Systems of Medicine after he gave a controversial interview and allegedly called the traditional branch of medicine called Ayurveda, a 'pseudoscience'.

Apart from Philips, the other petitioners include a former homeopathy practitioner, a teacher of physical medicine and rehabilitation and a healthcare documentation analyst.

The petitioner has earlier challenged the distribution of Arsenicum Album 30CH before the High Court of Kerala raising the contention that administering even one dose of this can have serious, irreversible, irreparable harm to children as detailed therein. The Kerala High Court by its Order dated 22.10.2021 dispose of the writ petition by giving liberty to the Petitioner to submit a representation to the Government. Accordingly, the Petitioner submitted the representation

Later, approaching the top court bench, the petitioners sought to declare the Guidelines, Advisories and Fact Sheets issued by the Respondents, to permit the administration of homeopathic medicine Arsenic Album 30 as a Covid 19 prophylactic are in violation of Articles 14 and 21 of the Constitution of India.

The petition also sought an interim order on interim restraining the Respondents from in any manner administering the homeopathic medicine, Arsenicum Album 30, for "boosting of immunity" or in a mass manner to any section of the population, particularly the children.

In their petition, the Petitioners sought for an appropriate direction prohibiting the Governments from in any manner administering the homeopathic medicine, Arsenic Album 30 or any other homeopathic medicines, in mass manner to any section of the population, particularly the children and the elderly, over 65 years of age.

Also Read: How is Arsenic Album 30 an Immunity Booster, SC asks Govt for response

As per the latest media report by Live Law, the counsel for the petitioner, Senior Advocate Anand Grover argued on Tuesday that it is necessary that the State's response also be sought. He stated, "They are distributing this homeopathic medicine without any basis. Under the Jacob Kurian Judgment, this is settled. The only study done by homeopathic experts shows it is not effective. They are not going by the drugs and cosmetics act, they are not carrying out clinical studies."

Responding to this, Justice Aniruddha Bose remarked in a lighter vein, “I also sometimes take such medicines."

Meanwhile, the counsel appearing for the Union Ministry informed the Court that it held conference with officials who informed them that there are studies saying that the Arsenic album is not poisonous. However, in this regard, Justice Aniruddha Bose remarked that Arsenic Album is poisonous and that it depends on the level of dilutions.

The matter has been listed for further hearing after six weeks.

Petitioners pointed out the position in countries like Australia, US, UK and France and annexed various peer-reviewed scientific studies and research articles to buttress their point.

The petition urged the court to issue an appropriate writ order or direction calling for the records of the case and after going through the same quash and set aside the order of the Kerala Government dated 18.11.2021.

As per the advisory issued by the Centre, one dose of Arsenicum album 30 has been prescribed daily on an empty stomach for three days as prevention against Covid-19. Further, the guidelines mention that the dose should be repeated after one month if Covid infections are present in the community.

"Although clinical trials are required to be done when the drug is repurposed, with respect to its efficacy and for safety, no such trial was conducted. The guidelines by Ayush Ministry do not show that any study has been done. All studies registered in the clinical trials registry related to Arsenicum Album and Covid-19 are not completed. Therefore, the guidelines are arbitrary, violative of Article 14 and Article 21," stated the petition.

"The homeopathy medicine by their very nature are proclaimed as "individualized" and cannot be distributed for mass consumption as the Kerala government is doing," it added.

To view the top court order, click on the link below:

https://medicaldialogues.in/pdf_upload/supreme-court-order-214629.pdf

Also Read: Homeopathic drug Arsenicum Album-30 given to 50 percent population of Gujarat post-Covid outbreak