The Supreme Court has granted a five-week extension to the Central government and the Kerala government to respond to a public interest litigation (PIL) challenging the use of the homeopathic medicine arsenic album as a preventive measure for COVID-19. The PIL also questions the promotion of Arsenic Album as an immune booster without scientific evidence. The bench, comprising Justices Aniruddha Bose and S. Venkatanarayan Bhatti, stated that the matter would be heard for final disposal after receiving the responses from the governments. The PIL was filed during the height of the pandemic.
Although the apex court had issued notices to the Centre and the Kerala government in March last year, both entities are yet to respond. The joint petition was filed by Kerala doctor and scientist Cyriac Abby Philips and other science communicators. They challenged the advisory of the Ministry of Ayush, which promotes the use of Arsenic Album in connection with COVID-19 and as an immunity booster.
The petitioners argue that arsenic is a known poison and a carcinogen. Senior advocate Anand Grover, representing the petitioners, criticized the use of arsenic album by the Ayush Ministry and the Kerala government, describing it as unscientific and lacking evidence. Justice Bose acknowledged that he himself uses homeopathic medicines but cautioned that Arsenic Album could be poisonous if used improperly or in an undiluted form.
The petitioners contend that the advisories issued by the Ministry of Ayush violate the fundamental right to life and health, as they are irrational and based on assumptions. They cited a feasibility study published in September 2021, which showed that Arsenicum Album 30C did not demonstrate any benefits or effectiveness in preventing COVID-19.
The Supreme Court has sought responses from the Ministry of Ayush, the Central Council for Research Homoeopathy, and the State of Kerala. The court directed all respondents to file their affidavits. The PIL also seeks to restrain the administration of Arsenic Album to children and elderly individuals over 65 years of age as a preventive measure for COVID-19 or for boosting immunity. The matter will be heard again after six weeks.
It is important to note that the Kerala High Court had previously allowed the petitioner to make representations before the government regarding the use of arsenic album.
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