Questioning Allopathy Is Violation Of Law: Supreme Court Tells Baba Ramdev Today Despite Agreeing Earlier That Criticism Of Allopathy Is Permissible

The Supreme Court today once again told Baba Ramdev and Acharya Balkrishna of Patanjali Ayurved, who had appeared in person before the Court and addressed the Court, that questioning Allopathy is a violation of law and should not be done.

Justice Ahsanuddin Amanullah sharing the Bench with Justice Hima Kholi said in Hindi while Acharya Balkrishna was addressing the Court, "You can't degrade Allopathy. You do your work, you are doing a very good job. But don't point fingers at others, let them do their work.... This is very objectionable, this is a violation of law, this is separately, in itself a sensitive (not clear) issue".

Similarly, before Baba Ramdeve addressed the Court, Justice Hima Kholi told him in Hindi, "The system that you are promoting (Ayurveda), is not the only system in the country. The system is in place since the time of Charak, it is his creation. In our culture, there are many such systems. We have Ayurveda, Siddha, Yog, and Unani. And people of our country make use of all of them, not just Alopathy, apart from home remedies. People combine them and use them in their lives, depending on the nature of the disease. This does not mean that you will tell the other systems that they are not up to the mark, they are so bad that they should be banned. Why would you say this?"

Earlier, on April 2, the Solicitor General appearing for the Central Government had told the Bench that Allopathy is not beyond criticism and that a person cannot be stopped from saying that Ayurveda is more efficient. Tushar Mehta's submissions were in response to a similar statement that Justice Kholi had made, viz., "..disparaging the other fields of medicine in the manner that has been done by the Contemnors, we are using the words 'proposed Contemnors' is most unacceptable." Justice Kholi had then agreed that there can be criticism of all streams of medicine.

Today, in response to what was said by the Court, Baba Ramdev said, ".. Earlier also there has been a struggle (sangharsh) between both Pathy. For hundreds of years this (Ayurveda) has been called pseudoscientific. Hence we said it in excitement. Our intention was not to disrespect Allopathy."

"You should not have spoken at all. You are doing your work", Justice Amanullah told Baba Ramdev.

The issue of criticism of Allopathy arose after the Court had on an earlier occasion recorded the statement of the Counsel for Patanjali Ayurved that no casual statements against any system of medicine will be released to the media in any form.

By an order of November 21, 2023, a Bench of Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra had recorded, "Mr. Poovayya, learned senior counsel for the Respondent No.5, on instructions, assures this Court that henceforth there shall not be any violation of any law(s), especially relating to advertising or branding of products manufactured and marketed by it and, further, that no casual statements claiming medicinal efficacy or against any system of medicine will be released to the media in any form. The Respondent No.5 is bound down to such assurance".

During the hearing today, Baba Ramdev and Acharya Balakrishna told the Court that they are willing to tender a public apology. The Court granted one week time to Ramdev, Balkrishna and Patanjali to issue the public apology, though it did not expressly mention the same in the order, and directed the duo to be present in person on the next date of hearing as well. Accordingly, the Court scheduled the matter for further consideration on April 23.

Cause Title: Indian Medical Association v. Union Of India [W.P.(C) No. 645/2022]