Dispensing of ‘poisonous, adulterated’ Ayurvedic drugs
VIVEK SHARMA
JAMMU: The Jammu Kashmir and Ladakh High Court has converted writ petition filed by Kapil Kaul regarding dispensing of poisonous and adulterated Ayurvedic drugs in Jammu to Public Interest Litigation (PIL).
The Division Bench has also issued notices to all concerned, including Union of India through Secretary Ministry of Ayush. The next date has been fixed on September 11, 2024.
The petition pertained to the dispensing of poisonous and adulterated drugs in the name of Ayurveda by Regional Ayurveda Research Institute Ban Talab Jammu.
The medicine, Arogya Vardhini Gutika was dispensed by the Institute, which was got tested from Indian Institute of Integrative Medicines (IIIM) Laboratory Canal Road, Jammu. The laboratory found that the drug contained huge quantity of Arsenic as well as Mercury.
The Incharge Officer of the Regional Ayurveda Research Institute, when approached after the test report, said that the Institute does not seek any test report with the medicines and don’t opt for any further quality check, as the supplier company is a government undertaking with GMP certification.
The matter was reported to J&K Health Secretary and Drug Controller General India (DCGI). Instead of taking action, the representation was closed by Drug Cell of the Union Ayush Ministry , stating that the Indian Institute of Integrative Medicines (IIIM), Jammu is not an approved laboratory. Pertinently Ministry of Ayush has already signed an agreement with CSIR for standardization of Ayush medicines and the IIIM Canal Road Jammu is part of it.
Petitioner Kapil Kaul, in his representation, urged the Secretary Health J&K and DCGI to lift legal sample and get it tested from PLIM, a laboratory designated under Drugs and Cosmetics Act.
A report from private Delhi laboratory was provided where tests of heavy metal were reportedly missing deliberately
The drug in question was supplied by Indian Medicines Pharmaceutical Corporation Ltd, (IMPCL), Uttarakhand but not manufactured by the supplier in its own registered manufacturing facility. It was manufactured by third party in Amritsar on loan license basis, as stated on the label.
To maintain quality, Ayush Ministry has banned all purchases manufactured on loan licence basis. A statement in this regard has been made in Parliament, which forms now a policy and part of the National Ayush Mission’s operational guidelines
In 2005, the Department of Ayush had issued an order regarding heavy metal limits in Ayush medicines for export but the same order was implemented on all government purchases in the year 2008.
The petitioner Kapil Kaul said, “The order was not implemented by some officers having vested interests.”
The Court on September 10, 2013 issued directions for its strict implementation. The World Health Organisation has also stated heavy metals beyond permissible limits are health hazardous.
Justice Vinod Chatterjee Koul, after hearing the petition on June 07, 2024, observed that it is a case of public interest and forwarded the same to Chief Justice.
The Chief Justice, after accepting the plea, converted the writ petition to Public Interest litigation (PIL).
The petition was heard on July 10, 2024 by the bench headed by the then Chief Justice N. Kotiswar Singh and Justice Rajesh Sekhri, who after hearing the advocates from both the sides, issued notices to all concerned. The notices were accepted by Vishal Sharma DSGI and S S Nanda, Senior AAG.
Advocate Rupinder Singh represented the petitioner Kapil Kaul.
Kapil Kaul, who made a petition against the government agencies for patronising unsafe drugs has appreciated J&K HC’s decision of converting his petition to PIL keeping in view the seriousness of the matter. He said, Supreme Court in its latest judgement, has also described “Right to Health includes Right to be made Aware of Products’ Quality.
Here it is relevant to mention that the Central Government had issued a directive on September 9, 2008 as a follow-up to its previous order of October 14, 2005, enforced in the country with immediate effect, which stated that every drug shall accompany Quality Analysis Report of government approved laboratories but some officers for monetary gains did not implement this directive and accepted drugs without mandatory test report.