Delhi HC Directs Baba Ramdev To Remove Social Media Posts Claiming That 'Coronil' Is A “Cure” For Covid-19
The Delhi High Court has directed Baba Ramdev to take down tweets claiming that 'Coronil' is a “cure” for Covid-19.
The Court pronounced the verdict in a Petition that was filed by various doctors' associations challenging Yoga guru Ramdev's claims that his product 'Coronil' serves as a "cure" for COVID-19. This lawsuit, initiated in 2021, targets Ramdev, his associate Acharya Balkrishna, and Patanjali Ayurveda.
The Bench of Justice Anup Jairam Bhambhani observed that 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 contesting defendants are directed to forthwith delete and take-down from all websites on the internet and social-media platforms (that are within their management and control) all statements appearing at S. Nos. 1, 3 to 6, 9 to 12, 18 to 21, 23 to 25 and 35 of the table set-out in para 11 of this judgment. Let requisite compliances be made by the contesting defendants within 03 days of the pronouncement of this judgment," the Court said in its Order.
The Court also restrained the defendants from further making, publishing, re-publishing, distributing, transmitting, or releasing to the public the statements referred in the judgment. "Additionally, if the contesting defendants fail to comply with the directions in para 63.1 above within the prescribed timeframe, in that event, defendant Nos. 7 to 9, being the social media intermediaries, are directed to delete and take-down from their respective social-media platforms, the impugned statements referred to in S. Nos. 1, 3 to 6, 9 to 12, 18 to 21, 23 to 25 and 35 above, within 03 days after the time-frame prescribed in para 63.1," the Court directed.
The Court noted that the very branding and labelling of the said Tablet as Coronil appears to suggest that the drug nullifies the coronavirus, that is to say it cures the disease, which may even amount to mis-labelling and/or mis-branding of the drug, which is impermissible under the provisions of the Drugs and Cosmetics Act, 1940. "However, this court leaves it to the competent authorities to examine this aspect, without making any further observations," it added.
Pertinently, on May 21, the Court had reserved its decision after hearing arguments from the parties involved. The petitioners had argued that Ramdev's assertions regarding 'Coronil' are "unsubstantiated," highlighting that the drug was approved solely as an "immuno-booster" and not as a treatment for COVID-19.
Senior Advocate Akhil Sibal, representing the doctors association, had requested that the Court restrain Ramdev and his associates from making similar claims in the future.
The Petition was filed by multiple associations, including the Resident Doctors' Association of the All India Institute of Medical Sciences (AIIMS) at Rishikesh, Patna, and Bhubaneswar, as well as the Association of Resident Doctors at the Post Graduate Institute of Medical Education & Research in Chandigarh, the Union of Resident Doctors of Punjab (URDP), the Resident Doctors' Association of Lala Lajpat Rai Memorial Medical College in Meerut, and the Telangana Junior Doctors' Association in Hyderabad.
The associations had alleged that Ramdev has been conducting a misinformation campaign to promote the sales of 'Coronil' and position it as an alternative treatment for COVID-19. It is to be noted that in October, 2021, the Court had issued summons to Ramdev and others on the lawsuit, stating that it was "not frivolous" and that a case for its institution was "definitely" made out.
Cause Title: Resident Doctors Association, AIIMS Rishikesh and Ors. v. Ram Kishan Yadav, alas Swami Ramdev and Ors. [I.A. 8420/2021, In CS (OS): 320/2021]
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