Delhi HC slams Baba Ramdev for misleading public against Allopathy by saying more than what is official
New Delhi: The Delhi High Court while adjudicating in favour of Patanjali's product Coronil told Baba Ramdev to not mislead the public by making statements against allopathy even though he is entitled to have followers and people who believe in what he says. The court asked him to not say anything more than what the authorities had stated about Patanjali's product Coronil.
The order given by the single judge bench of Justice Anup J. Bhambhani observed that the good name and reputation of Ayurveda must not be destroyed in any manner. Expressing concern over the public interest at large, Justice Bhambhani remarked, "As I've said from the very beginning, my concern is only one. You are welcome to have your followers, you're welcome to have your disciples, and you're welcome to have people who will believe whatever you say. But please do not mislead the public at large by saying what is more than what the official…."
Also Read:Delhi HC rejects Baba Ramdev's clarification on Coronil as cure for COVID-19
The court was hearing a petition which was moved last year by Resident Doctors Association, All India Institute of Medical Sciences (AIIMS), Rishikesh, and several other doctors' associations who alleged that Ramdev was causing misrepresentation to the public at large by spreading misinformation saying that allopathy was responsible for COVID-19 deaths and prompting people to not get hospitalized, while simultaneously marketing Coronil as a cure for COVID-19.
Medical Dialogues team had earlier reported about the rejection made by the Delhi High Court concerning a proposed clarification given by Baba Ramdev and other defendants in the case, during which Justice Bhambhani had observed that the clarification given by Ramdev and the party seemed "more like pat" on his own back.
On behalf of the plaintiffs, Senior Advocate Akhil Sibal argued that the defendants claimed Coronil to be a cure as well as a medicine for the treatment of COVID-19 without any license. Advocate Sibal further submitted statements and video evidence where Ramdev could be seen bashing the vaccinations and making statements that claimed that vaccinations will not protect people from contracting COVID-19.
Sibal said, "What he has been doing is that he bashes vaccinations. Then there is an outcry. Then he modifies the statement to say that I have nothing against to say about the vaccinations. This has been going on back and forth. Its a pattern. Then he says yes yes take the vaccination, i am not saying anything. Vaccination will not protect you fully. But if you want full protection, then take coronil. Then you'll be fully protected."
This incident took place on August 4 when Ramdev allegedly questioned the efficacy of allopathy against COVID-19 by saying that vaccination alone is not enough to protect people from the virus and that they must supplement the same with yoga and Ayurveda. The statement was reportedly given when asked about US President Joe Biden testing positive for COVID even after taking the booster dose of the vaccine.
About this, Justice Bhambhani told Senior Advocate PV Kapur appearing for Ramdev, "One is, I am concerned about the good name of Ayurveda not being destroyed. I am concerned about it. Ayurveda is a recognized, ancient system of medicine. Let's not do anything to harm the name of Ayurveda", adding, "The second is, here people are being named. It can have international consequences for our relations, country's relations with foreign countries….leaders are being named which will affect our good relations with foreign nations."
Sibal argued that Ramdev's statements would mislead the public at a time when the Government and the Ministers are encouraging people to have booster medicines. Talking about the product Coronil, Sibal said, "the intention is to project it (coronil) as medicine for corona treatment without any license or any statutory authority having approved it as such."
Further, the Live Law reports that Sibal said that Ramdev repeatedly told the public that allopathy had failed and that coronil was the first product in making a cure and medicine for COVID-19 which was approved not only by the concerned Ministry but also by the World Health Organization (WHO).
Justice Bhambhani told Kapur that while it is one thing to say that a person can choose not to take the vaccine, it's quite another thing to say that it is useless. The court observed, "Since this matter came before me, if I see scope for resolution, I am only heading that way. I will not permit you to expand the scope of the matter. My only concern is the public at large. My concern is public at large, my concern is to save the good name and reputation of Ayurveda as a system of medicine. Our own ancient system of medicine. My aim is nobody should be mislead against allopathy, also a well recognised system of medicine."
The court further allowed an application filed by the plaintiffs to place on record additional documents as there were materials that were out in the public domain including statements, video recordings, etc by the defendants that continued to advertise coronil as a treatment for COVID-19. The application observed that the statements made by the defendants were also suggesting the inefficacy of vaccines for the coronavirus.
The court said, "Issue notice. The counsel appearing on behalf of the defendants accept notice and submits that the defendants do not oppose bringing on additional documents on record to be filed, stating however that these documents are dated and are before last of hearing in the matter ie August 4, 2022."
Kapur, appearing for Ramdev as well as Acharya Balakrishna (defendants 1 and 2) stated that the defendants had already begun the process of removing the content from the Patanjali website and other platforms where any reference to word treatment or cure was put out by them. Kapur further submitted a fresh draft of a possible disclaimer/ public statement that the defendants were willing to make about an email dated 1 August 2022, received from plaintiffs seeking a statement or press release.
The court observed, "In view of the submissions made on behalf of defendants 1 and 2, the application is allowed. The additional documents sought to be filed are taken on record. Application is disposed of." However, Sibal submitted a draft statement or press release which was misleading and not in conformity with their requirements. The court stated, "While not rejecting the possibility of coming up with an agreed draft statement or press release, Mr. Sibal has made extensive submissions on application under Order 39 Rule 1 and 2 CPC which stand concluded subject to any clarifications which may be required in rejoinder."
The associations, Three Resident Doctors Association of All India Institute of Medical Sciences at Rishikesh, Patna and Bhubaneswar; Association of Resident Doctors, Post Graduate Institute of Medical Education and Research Chandigarh; Resident Doctors Association Lala Lajpat Rai Memorial Medical College, Meerut; Telangana Junior Doctors Association, Hyderabad; Union of Resident Doctors of Punjab had moved the plea. The plea alleged that Baba Ramdev's statement was creating doubt about not only allopathic treatment but also other COVID-19 vaccines. The plea submitted that the statements given by Ramdev influence the public at large and thereby divert them from opting for allopathy treatment which is prescribed as a standard form of care even by the Government since he is an influential person.
