Supreme Court Declines to Address Plea on Unverified Homeopathic Drug Use in Kerala
In a recent session, the Supreme Court opted against examining a plea that challenged the continued distribution of the homeopathic remedy, Arsenicum Album, in Kerala. This drug, promoted as an ‘immunity booster’ during the COVID-19 pandemic, allegedly bypassed necessary clinical testing or trials.
The plea was presented before a Bench consisting of Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V Mohana. The petitioner, represented by Senior Advocate Anand Grover, argued that homeopathic medicines, like their allopathic counterparts, are required to undergo clinical trials as per the Drugs and Cosmetics Act prior to widespread administration. Grover emphasized, “Homeopathic medicines are also subject to clinical trials under the Drugs and Cosmetics Act. It is our case that there were no trials. That is the only issue.”
During the proceedings, CJI Kant remarked on the unique circumstances of the COVID-19 pandemic, noting, “During COVID, all kinds of advisories were issued. Everybody was caught unawares. Nobody knew what was to be done.” Grover countered, stressing the need for adherence to protocol, stating, “I am not asking whether homeopathy is good or bad. I am only on whether a particular drug was administered after following the prescribed protocol.”
The Court expressed doubts regarding the appropriateness of the forum for such a matter. CJI Kant stated, “That (whether protocol for clinical trials was followed) would require an independent inquiry into whether homeopathic medicines are being permitted to be used without following the protocol governing the Drugs and Cosmetics Act. This may not be the platform for that exercise.”
Grover acknowledged the relaxed protocols during emergencies but insisted on a thorough review now that the immediate crisis has abated. He highlighted, “In an emergency, I appreciate that different considerations may apply. But this is not an emergency now. The Kerala government is administering it to children even now.”
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Justice Bagchi added insight by noting the global relaxation of medical protocols during the pandemic, explaining, “During the global emergency, even the medical authorities reduced the timescale for experimentation and approval of vaccines administered across the world. Guidelines were formulated keeping that urgency in mind.”
Despite acknowledging the concerns, the Court decided not to delve into the matter of Arsenicum Album’s continued use. CJI Kant suggested that a separate petition could be filed to address whether governments are allowing homeopathic drugs to be distributed without proper adherence to protocols, advising, “Not here. File an independent petition and demonstrate that particular governments are permitting administration of homeopathic drugs without following the prescribed protocol.”
