The Court, however, expressed reservations over whether these concerns were being raised before the appropriate forum.
“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,” said CJI Kant.
Grover noted that the considerations may have been different during emergencies like during COVID, but the matter requires a deeper look now before the drug’s en mass distribution continues.
“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,” he said.
Justice Bagchi weighed in by pointing out that during the COVID pandemic, the medical protocols for even allopathic remedies were relaxed.
“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,” said Justice Bagchi.
“I appreciate that. But I am saying this administration is being questioned because permission was given without proper trials. The drug is Arsenicum Album. It was being used as a COVID prophylactic, but the guidelines permit its (continued) use. I am not only on COVID … These are the AYUSH guidelines issued by the Government of India,” Grover submitted.
The Court eventually said it was not inclined to delve into the continued use of Arsenicum Album, but indicated that a separate petition could be filed on whether governments are allowing homoeopathic drugs to be distributed without following the proper protocol.
“Not here. File an independent petition and demonstrate that particular governments are permitting administration of homeopathic drugs without following the prescribed protocol,” said CJI Kant.