Supreme Court refuses to entertain plea over Kerala administering homeo drug without proper testing

The Supreme Court on Friday refused to entertain a plea challenging the continued distribution of homoeopathic drug Arsenicum Album in Kerala.

The drug was touted as an “immunity booster” during the COVID-19 pandemic, allegedly without proper clinical testing or trials. 

The petitioner today told a Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana that even homeopathic medicines must be clinically tested under the Drugs and Cosmetics Act before they can be administered en masse. 

However, no such testing was conducted for Arsenicum Album, said Senior Advocate Anand Grover who represented the petitioner. 

“Homeopathic medicines are also subject to clinical trials under the Drugs and Cosmetics Act. It is our case that there were no trials. That is the only issue,” he said. 

“During COVID, all kinds of advisories were issued. Everybody was caught unawares. Nobody knew what was to be done," observed CJI Kant.

“I am not asking whether homeopathy is good or bad. I am only on whether a particular drug was administered after following the prescribed protocol,” replied Grover. 

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. 

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