Supreme Court Seeks Centre's Response On Doctor's Plea Challenging Administration Of Homeo Medicine 'Arsenic Album 30' As Immunity Booster
The Supreme Court on Tuesday sought the response of the Ministry of Ayush, Central Council for Research Homoeopathy and the State Of Kerala in a plea seeking to restrain the administration of homeopathic medicine "Arsenic album 30" to children and elderly persons over 65 years of age as a preventive measure of Covid-19 or for boosting immunity.A division bench of Justice Aniruddha Bose...
The Supreme Court on Tuesday sought the response of the Ministry of Ayush, Central Council for Research Homoeopathy and the State Of Kerala in a plea seeking to restrain the administration of homeopathic medicine "Arsenic album 30" to children and elderly persons over 65 years of age as a preventive measure of Covid-19 or for boosting immunity.
A division bench of Justice Aniruddha Bose and Justice SV Bhatti directed all the respondents in the matter to file their affidavits. The writ petition filed by Dr.Cyriac Abby Philips has also challenged the Guidelines, Advisories and Fact Sheets issued by the Ministry of Ayush permitting administration of homeopathic medicine.
Senior Advocate Anand Grover appearing for the Petitioner today argued that it is necessary that the state's response also be sought. “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.” he stated.
“I also sometimes take such medicines’ Justice Aniruddha Bose remarked in a lighter vein.
The Counsel for appearing for the Union Ministry informed the Court that it has held conference with officials who have informed them that there are studies which says that Arsenic album is not poisonous. However, Justice Aniruddha Bose responded by saying that Arsenic Album is poisonous and that it depends on the level of dilutions.
The matter has been posted after 6 weeks.
Philiphs in his plea filed through Advocate Prashant Padhmanabhan argued that the after effect of the guidelines issued by the Ministry was that highly poisonous carcinogens like arsenic became part of the homeopathic medicine prescribed by some of the State Governments like Kerala.
"Among the consequences of Ayush Ministry guidelines was a shocking decision by the Kerala Govt regarding 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 on date, more than 6 lakh medicines are already distributed. Since the Kerala Government derived its authority by virtue of an advisory issued by Ayush Ministry and Homeopathy Guidelines issued by the Central Govt," the plea stated.
Stating that the same was being distributed in the State of Kerala on a mass scale to school going children, the petitioner in the writ had also sought relief for referring the matter to CoVID Task Force set up by the Top Court on May 6, 2021 to opine whether Arsenicumalbum 30 is safe and/or efficacious as an "immune booster" for Covid 19 and can be administered en mass to children.
It may be noted that the Kerala High Court had earlier granted the petitioner liberty to make representation before the Government.
Case Title: Dr.Cyriac Abby Philips and Ors v Union of India and Ors| WP(C) 1352/2021