Tuesday, the Supreme Court requested a response from the Ministry of Ayush, the Central Council for Research in Homoeopathy, and the State of Kerala in response to a petition seeking to prohibit the administration of the homoeopathic medicine “Arsenic album 30” to children and elderly individuals over the age of 65 as a Covid-19 preventative measure or for immunity boosting.
A divisional bench composed of Justices Aniruddha Bose and S Bhatti ordered all respondents in the case to submit affidavits. The writ petition filed by Dr Cyriac Abby Philips also challenges the Guidelines, Advisories, and Fact Sheets issued by the Ministry of Ayush that allow the administration of homoeopathic medicine.
Senior Counsel Anand Grover, appearing today for the Petitioner, argued that the state’s response must also be sought. “They are distributing this homoeopathic medicine without any basis. Under the Jacob Kurian Judgment, this is settled. The only study done by homoeopathic experts shows it is not effective. They are not going by the Drugs and cosmetics act, they are not carrying out clinical studies.” he stated.
“I also sometimes take such medicines’ Justice Aniruddha Bose made a humorous remark.
The Union Ministry’s Counsel informed the court that a conference was conducted with officials who briefed them that studies indicate that arsenic album is non-toxic. However, Justice Aniruddha Bose responded that the toxicity of the Arsenic Album depends on the degree of dilution.The issue was posted after six weeks.
Through his attorney Prashant Padhmanabhan, Philips argued that the Ministry’s guidelines resulted in extremely toxic carcinogens, such as arsenic, being included in the homoeopathic medication prescribed by some State Governments, such as Kerala.
“Among the consequences of Ayush Ministry guidelines was a shocking decision by the Kerala Govt regarding the mass distribution of Arsenicum Album 30CH (“Ars. Alb. 30′), containing arsenic, king of all poisons, a metalloid and known carcinogen to school children, numbering anywhere between 38 lakh to 50 lakh students. As of date, more than 6 lakh medicines are already distributed. Since the Kerala Government derived its authority by an advisory issued by Ayush Ministry and Homeopathy Guidelines issued by the Central Govt,” the plea stated.
The Petitioner also requested that the matter be referred to the CoVID Task Force, which was established by the Supreme Court on May 6, 2021, for an opinion on whether Arsenicumalbum 30 is safe and effective as an “immune booster” for Covid 19 and can be administered to large groups of children.
It should be noted that the Kerala High Court had previously granted the petitioner permission to address the government.
Case Title: Dr Cyriac Abby Philips and Ors v Union of India and Ors| WP(C) 1352/2021