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Delhi High Court Orders Patanjali to Remove Defamatory Claims Against Allopathy Doctors
The Delhi High Court has directed Patanjali Ayurved and its promoters, including Baba Ramdev, to take down misleading claims blaming allopathy doctors for the deaths of lakhs of people during the COVID-19 pandemic while promoting Patanjali's Coronil as a cure for the virus. The court's order comes in response to a defamation suit filed by multiple resident doctor associations across India.
Justice Anup Jairam Bhambhani issued an interim order restraining Ramdev, his associate Acharya Balkrishna, and Patanjali Ayurveda from continuing to make such allegations. "I have directed the defendants to take down certain tweets in three days. If they fail to do so, the social media intermediaries will take down the content," the judge stated.
In a detailed judgment, the Court condemned Ramdev's conduct, labeling it "egregious," and stated that promoting Coronil as a COVID-19 cure amounts to mislabeling, which is impermissible under the Drugs and Cosmetics Act. The Bench emphasized that allowing Ramdev and Patanjali to advertise and promote Coronil would endanger public health and bring disrepute to Ayurveda.
A plain reading of the impugned material shows that the contesting defendants [Ramdev, Balkrishna, and Patanjali] have represented to the public-at-large that the said Tablet [Coronil] is a treatment, medicine and even cure for COVID-19. Such statements and representations are clearly contrary to, and in flagrant violation of, the statutory approvals, certifications and licenses issued by the Ministry of AYUSH and/or by the Licensing Authorities," the court remarked.
Justice Bhambhani noted that these statements were made during the pandemic when people were most vulnerable and prone to accepting misleading information. "If the contesting defendants are permitted to continue to promote and advertise the said Tablet, not only would the public-at-large be at risk of their health, the ancient and venerated system of Ayurveda may itself come into disrepute," the Court concluded.
The defamation suit was filed by the Resident Doctors' Association of the All India Institute of Medical Sciences (AIIMS) in Rishikesh, Patna, and Bhubaneswar, along with other doctor associations from various medical colleges and institutes across India. The plaintiffs alleged that Ramdev and his associates made false claims, including:
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Allopathy is responsible for the deaths of lakhs of people due to COVID-19.
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Allopathic doctors have been causing the deaths of thousands of patients.
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Allopathic doctors have been profiteering off the patients and advising medicines that have the effect of poison.
The doctors argued that these misleading claims created doubts about the safety and efficacy of allopathic treatments and COVID-19 vaccines. The suit sought to restrain Ramdev, Acharya Balkrishna, and Patanjali Ayurveda from making defamatory allegations against allopathy and from promoting Coronil as a COVID-19 cure.
The doctors also alleged that Ramdev's statements constituted public nuisance and misrepresentation, negatively impacting public trust in allopathic medicine during the ongoing pandemic and violating the right to health of Indian citizens, a facet of Article 21 of the Constitution.