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A Kerala court had issued a bailable arrest warrant for Baba Ramdev and his associate Acharya Balkrishna in a case related to misleading advertisements.
According to reports, the warrant was issued by Judicial First Class Magistrate Court II, Palakkad on January 16 Live Law.
This comes almost a year after the Supreme Court issued a contempt notice Patanjali Ayurved For publishing misleading advertisements regarding medicinal treatment in February 2024, the company had earlier given an undertaking in the court in November 2023 that they would stop.
Delivering the interim judgement, the top court ordered an immediate stop to all false and misleading advertisements of Patanjali Ayurveda and questioned the Center for failing to take timely action.
“There are 11 cases in different courts. This is the first time that an arrest warrant has been issued. I believe this is an important development,” said Dr Babu KV, whose complaints led to the Supreme Court taking cognizance of the case. Had to take.
“I have always said that I have faith in the legal system of my country, even if it takes time. As a doctor, my primary concern was to eliminate misleading and illegal advertisements in the media. Following the Supreme Court order, These ads have stopped.”
Dr Babu KV
Dr Babu KV, an ophthalmologist and RTI activist from Kannur, Kerala, filed his first complaint on 24 February 2022 against Divya Pharmacy under Patanjali Ayurveda Limited for violating the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
Since then, he has filed more than five complaints and over 150 Right to Information (RTI) requests to ensure that the company is held accountable for its legal violations.
He says, “To be honest, I was expecting this decision. The Supreme Court has no option but to take cognizance of this violation.”
Further hearing of this case will now take place on March 19. Suitable Dr Babu spoke to KV about his efforts over the last two years that ultimately led to the apex court order. The next hearing of the case will be on March 19.
‘As a doctor, I felt responsible’: How it started
Reminiscing, Dr Babu says that for the first time he saw a questionable advertisement of the popular brand in 2019. “It was an advertisement for an eye drop which claimed to cure several eye diseases like cataract, glaucoma and night blindness.” Not possible with a single medicine.”
As an ophthalmologist, Dr. Babu could immediately tell that this was baseless. However, he says, it was in an aggressive manner’anti modern medicine‘ The story of the brand’s advertising campaigns over the coming years inspired him to take action.
“These advertisements were accusing scientific medicine that if you take ‘allopathy’ medicines, there are such and such harmful effects and side effects. This was the first time I was seeing such a provocative advertisement which was clearly attacking modern medicine. Was doing.” ,
“When such advertisements are made, the implicit meaning is to stop taking ‘allopathy’ medicine and switch to these products because the former is harmful, and the latter is safe and effective.”
Dr Babu KV
He added, “As a physician, I felt it was my responsibility to step in.”
Violation after violation and RTI after violation
Dr. Babu made his first complaint to the Drug Controller General of India (DCGA) on 24 February 2022 against a Patanjali product. lipidwho claimed to help control cholesterol“I didn’t know at the time where to complain, I just had to bring it to the attention of the authorities.”
He says the complaint was forwarded to the Ministry of AYUSH, which forwarded it to the Uttarakhand state licensing authorities.
“The Ministry of AYUSH responded promptly to the RTI filed by me.”
In his complaint, Dr Babu says, he highlighted how the advertisements of certain products by Divya Pharmacy under Patanjali Ayurved Limited are in violation of the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954.
“The Ministry of AYUSH agreed in its RTI reply that prima facie evidence shows that it violates the Drugs and Magical Remedies Act, but they did not act on it themselves. On April 14, 2022, they said in reply That he has directed the Uttarakhand Licensing Authority to take appropriate action on this.”
Dr Babu KV
On 7 May 2022, Patanjali Ayurveda gave a commitment to the Uttarakhand Licensing Authority that they were withdrawing the advertisement.
“At that time, I thought it was a very simple process and now it is over. But the company again advertised different products with the same claims on July 10 and continued to do so till January 2023. Then They stopped for some time, and then started in June 2023 till November 2023 when the final order of the Supreme Court came.”
During Tuesday’s hearing, senior advocate PS Patwalia, appearing for the Indian Medical Association, said that just a day after the court order in November 2023, Baba Ramdev and Acharya Balkrishna (chairman of Patanjali Ayurveda) held a press conference, where He again made misleading claims. and continued to publish advertisements claiming that Patanjali Ayurveda products could provide permanent cure for diseases such as diabetes, blood pressure, asthma, arthritis and glaucoma.
“Whenever he is scolded, he stops it for a while and starts again. This has been his policy,” says Dr Babu. RTI.”
‘Doctors were pleading with children not to stop insulin’: why did he persist?
Did he ever feel that this was a futile practice and that he should give it up?
“In July 2022, an advertisement was placed by all leading newspapers claiming that Patanjali’s products cure insulin-dependent diabetes mellitus (IDDM).”
What happens when a person is given a choice between taking one injection and taking one injection every day for the rest of his life sets the scene Which can cure their condition completely? “Influencing and misleading the public in this way can be disastrous,” he says.
He says the very next day he saw the real-world impact of this message in the form of tweets from prominent people. endocrinologist And diabetes experts across the country are appealing to people, especially children, not to stop insulin.
“That was the turning point for me. I knew then that this was a major public health issue, and needed government intervention.”
Dr Babu KV
‘I have faith in the Indian legal system’
“As a doctor, I believe that all health care products used should undergo careful scientific study before being used. Be it Ayurveda, modern medicine, or even wellness products Even those that claim to ‘promote health’.”
“Unfortunately, the law of our country does not yet require this. However, in this case, any judgment is a clear violation of the law and they still somehow managed to get away with it.”
Dr Babu KV
Earlier this year, when the company resumed advertising its products with misleading claims in 2023 despite Supreme Court orders, Dr Babu wrote to the Prime Minister’s Office (PMO) on January 15, 2024.
He says, “This letter was sent to the Union AYUSH Ministry, which in turn wrote to the Uttarakhand AYUSH Ministry on February 2, but they have not taken any action so far. This is despite communication from the PMO.”
“This practice of making a commitment, complying for a few months and then violating it again and again should not be allowed to continue. The judiciary and regulatory bodies have to act very strongly.”
“The latest comments from the Supreme Court are a step in the right direction, and that’s certainly encouraging. I have confidence in the Indian legal system. This decision shows that they are taking this seriously.” The doctor said, before he hung up the phone so he could start seeing his patients in his clinic for the day.
,Suitable Patanjali Ayurveda has been contacted for comment over email. The article will be updated if they respond.)
(This article was originally published on February 29, 2024 and is being republished The QuintRecords in the light of latest developments in the case.)
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