Allopathy Doctors' Suit: High Court Asks Baba Ramdev To Not Mislead Public, Preserve Ayurveda's Esteem

The Delhi High Court on Wednesday told Baba Ramdev that while he is welcome to have followers and people who believe in what he says, however, the public at large must not be mislead by making statements against allopathy. The court also asked the yoga guru to refrain from saying anything more than what was official, while speaking in favour of Patanjali's product Coronil.

Expressing concern over the interest of public at large, Justice Anup J. Bhambhani further opined that the good name and reputation of ayurveda must not be destroyed in any manner.

"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, 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…," Justice Bhambhani remarked orally.

The Court was hearing the suit moved by various doctors' associations alleging that Baba Ramdev was causing misrepresentation to the public at large by spreading misinformation, prompting people to not get hospitalised by saying that allopathy was responsible for Covid-19 deaths.

During the course of hearing today, Senior Advocate Akhil Sibal appearing for the plaintiffs argued that the defendants claimed Coronil to be a cure as well as a medicine for treatment of COVID-19, sans any license.

Sibal further referred to various statements and a video made by Ramdev alleging that he not only "bashed vaccinations" but also went ahead to say that vaccinations will not protect people from contracting COVID-19.

"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," Sibal argued.

The argument was made in the context of some statements made by Ramdev on August 4, wherein he reportedly 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.

According to PTI, Ramdev said this in reply to a question as to why US President Joe Biden tested positive for Covid even after taking the booster dose of the vaccine.

In this context, Justice Bhambhani told Senior Advocate Senior Advocate PV Kapur appearing for Ramdev, thus:

"One is, I am concerned about the good name of ayurveda not being destroyed. I am concerned about it. Ayurveda is a recognised, ancient system of medicine. Let's not do anything to harm the name of ayurveda."

"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 also argued that at a time when the Government as well as the Ministers are encouraging people to have booster medicines, Ramdev's statements made to the public at large are misleading.

"The intention is to project it (coronil) as medicine for corona treatment without any license or any statutory authority having approved it as such," Sibal added.

Justice Bhambhani also 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.

"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."

Sibal further argued that Ramdev repeatedly told the public that allopathy has 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 the World Health Organization (WHO).

As Sibal concluded his arguments today, the matter has been posted for further hearing on August 23 for rejoinder by the defendants.

The Court also allowed an application filed by the plaintiffs to place on record additional documents on the ground that there was some material being put out in public domain, including statements, video recordings etc by the defendants which continue to advertise coronil as a treatment for COVID-19.

It was also averred in the application that the statements being made by defendants were also suggesting inefficacy of vaccines for the coronavirus.

"Issue notice. The counsel appearing on behalf of 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 prior to last of hearing in the matter ie August 4, 2022," the Court ordered.

Kapur, appearing for Ramdev as well as Acharya Balakrishna (defendants 1 and 2) submitted that the said defendants had already set the process in motion for removal from the patanjali website as well as from other content, any reference to word treatment or cure which was put out by them.

He also handed a fresh draft of possible disclaimer/ public statement that the defendants were willing to make which, it was submitted, was in conformity to an email dated 1 August 2022, received from plaintiffs indicating they desired should be included within such statement or press release.

"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," the Court said.

On the other hand, Sibal submitted that the draft statement or press release was misleading and not in conformity with their requirements.

"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 Court ordered.

In the last hearing, the Court refused to accept the proposed clarification made by Baba Ramdev in the suit.

The plea was moved by the following 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.

According to the plea, Baba Ramdev was creating doubts in the minds of people with respect to efficacy of not only allopathic treatment but also other Covid-19 vaccines.

Furthermore, it was averred that being an influential person, Ramdev's statements can influence the public at large and thereby divert them from opting allopathy treatment which is prescribed as a standard form of care even by the Government.

Case Title: Resident Doctors Association, AIIMS (Rishikesh) & Ors. v. Ram Kishan Yadav alias Swami Ramdev & Ors.