Backstory: The Hathras Stampede and the Growing Shadow of Irrationality

A fortnightly column from The Wire’s ombudsperson.

The initial reports on the stampede at Hathras carried the words: “More than 100 people, including women and children…were killed.” As the situation became clearer, the words changed a bit: “More than 121 people killed, mostly women and children.” The latest count is that 123 are dead so far – all of them women, apart from around 10 children, too young to be left at home. 

One image in particular brought home the horror: that of row upon row of lifeless feet, some sporting silver anklets, others old and gnarled. They belonged to bodies with faces covered which were neatly laid out across the three seats of a tourist bus. The net that ‘Bhole Baba’ alias Narayan Sakar Hari, had cast drew in an amazingly large haul estimated to have been over two and a half lakh in number.

The catch comprised “mostly” women – women of all ages, who had come to his ‘satsang’ mesmerised by his white-suited, goggle-donning persona. To them he was the very embodiment of the divine, reviver of the dead, curer of all maladies, miracle man who can keep a sea of troubles at bay. They were prepared to travel long distances from their homes early that morning with their small stores of food and plastic bottles of water in order get through a punishingly hot day – it was 37°C at Hathras. In the process they had extinguished any sense of self in them. They came totally prepared to regard every word that escaped from the lips of their “baba” as infallible and gather the “miraculous” dust from his feet.

How did ‘Bhole Baba’ gather such a massive crowd, one that any politician would have died for?

Much like Big Tobacco when markets decline seeks to lure women and children to try its wares, ‘Bhole Baba’ gravitated towards the woman devotee. Having had to reinvent himself following his arrest in the year 2000 for nabbing the body of a dead girl after claiming that he would bring it back to life, he seems to have taken the business decision to prey on softer targets. His modus operandi, going by the observations a former schoolmate made to The Hindu, was to have women agents share tales of his magical prowess among local communities. It would follow that the people these agents were most likely to interact with were other women – invariably those who were poor, less lettered, and from castes subjected daily to a myriad forms of discrimination. These are the precise subjects who find themselves most vulnerable to false information and spurious spiritualists. 

The unspeakably appalling stampede also provides a prism to view the shrinking of rationality in contemporary India.  When the prime minister of the country tries to capture the imagination of the electorate by claiming to be non-biological, it is an acknowledgement of the power of the irrational. It also underlines the retreat of two important forces that could potentially have built a strong defence against the tide of superstition and sorcery that is today threatening to engulf us: a comprehensive school education and a functioning, socially connected media.

Let me confine myself to the second. 

The post-independence generation understood the critical role that the media can play in combating irrationality. One just has to revisit the words of the Justice G.S. Rajadhyaksha’s team, comprising figures like economist V.K. R.V. Rao and editor Chalapati Rau, which in 1954 produced the First Report of the Press Commission. Its critique on the news and features carried in the newspapers of the day was strong and unrelenting.

On astrological predictions, for instance, it wrote:

“We wish to say nothing about astrology as such. We feel, however, that the spread of the habit of consultation of and reliance upon astrological predictions particularly of the nature and in the manner they are published at present is certain to produce an unsettling effect on readers. We would describe the practice of publishing such predictions as undesirable…They give room for unfounded fears, apprehensions or hopes of the most dangerous character which can have serious consequences on public order and public welfare.”

But what seemed to have irked the Commission most of all was the

“objectionable advertising which we feel should be put down by law of certain drugs and proprietary medicines…The harm that rises from such advertising is that patients might be deluded into dosing themselves with these medicines and delay medical examination or advice till the disease reaches an incurable stage.”

It also excoriated the peddling of talismans and magical cures through the pages of newspapers. ‘The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954’, had already come into in force by then, and expressly prohibited the advertisement of magic Remedies for Treatment of Certain Diseases and Disorders. The law had clearly stated that “No person carrying on or purporting to carry on the profession of administering magic remedies shall take any part in the publication of any advertisement referring to any magic remedy which directly or indirectly claims to be efficacious…” 

Yet the Commission felt that this law did not go far enough.

Today, we have seen a complete reversal of even the intent to push back against superstition and irrationality, even as the “baba-rocracy” has grown in multifold ways with ashrams dotting the landscape across the country. Bogus products, especially those related to health, have gained a firm foothold on media content. The pre-programming space in satellite television provider, DISH TV, for instance, is a mélange of fakery, featuring cads of every description from tarot card readers and astrologers to drug manufacturers offering all manner of cures. They are presented as authentic thanks to fervent certifications from “ordinary” people, or actors pretending to be so. On its part, DISH TV takes care to prominently state that it does not endorse any of the claims made or products promoted.

Unsurprisingly, it was the pandemic that saw an unprecedented parading of junk products and pseudo-scientific babble in the news. By mid-June 2020, at the height of the public anxiety caused by COVID-19, the media began highlighting Baba Ramdev’s Patanjali  Ayurved having produced a drug called Coronil that claimed to cure the disease in a few days. Extensive television interviews with the yoga guru followed on mainline channels.

This was followed by breathless reporting about how the demand for Coronil had touched sales of around 10 lakh packs a day, with Patanjali Ayurved claiming that it had received Ayush certification “according to WHO norms” for the drug. This invited a swift clarification from the WHO stating that it had neither reviewed nor certified the efficacy of Coronil. Finally, the Indian Medical Association, taking a cue from the WHO, publicly decried the “unethical nature” of such a claim.

Four years later the case came up before the Supreme Court, which had strong words for the Uttarakhand government for allowing Patanjali Ayurved and its founders, Ramdev and Balkrishna, a free rein. “What about all the faceless people who have consumed these medicines stated to cure diseases which cannot be cured?” it had asked.

All godmen, faith healers, babas and charlatans, be they ‘Bhole Baba’ or ‘Yogi Baba’ end up prospering hugely at the expense of those “faceless people” who blindly believe in them.

Then there was one: just ANI

The Wire investigation, ‘How ANI Fought Off Bids From Two Companies It Shares Directors With, Won Rajasthan Govt Contract’ (July 4,) comes as yet more evidence of how deeply embroiled are supposed independent purveyors of news with the ruling party and government. The power of Asia News International, better known as ANI, which provides multimedia news feed to news organisations across the country, lies in the fact that it has come to control all access to government news and information.

As Newslaundry has reported, it was the only private media house permitted to enter the sanctum sanctorum of the Ram Mandir on January 22, when the temple was consecrated. It also has unprecedented access to the prime minister, flying with him on his foreign tours while capturing his images and soundbites, which are then fed to Indian news channels and newspapers: “This is why ANI has earned the sobriquet “always in Narendra’s interest”.

It is a comfortable relationship that has proved to be a win-win for the Modi government and the news agency, because ANI can be trusted to relay only what Caravan magazine characterised as the “government’s version of truth”. If any further evidence of this comfort is required then go no further than the interview Modi gave to its director of news, Smita Prakash, during his election campaign. It was the very first of an estimated 80 face-to-face interview sessions he had conducted during the campaign period.

The interesting aspect of the Wire investigation is how this suzerainty over access that ANI has vis-a-vis the central government is being replicated at the level of states ruled by the BJP. The Rajasthan government recently handed the contract to provide services for live streaming of the state government’s programmes to ANI. 

This of course cannot be done without the news agency winning it through a proper tendering process involving at least three parties. Two other companies joined the bid that ANI eventually won. Fair and square, one could say, but for the intriguing fact that all directors of the four bidding entities were from the ANI Media stable. As reported in the story, “In all, four directors of ANI Media – Smita Prakash, Sanjiv Prakash, Ishaan Prakash, and Prem Prakash – are also directors of the competing firms for the contract involving public money.” They also share a common last name!

Incidentally, the older news agency, Press Trust of India (PTI), too had participated in the bidding process. However, they were bumped off the list of eligible contenders somewhere down the line.  

Amazingly simple are the backroom fiddles that dress the “crime scene” to make it appear that the system of checks and balances is working. A good investigation like the one the Wire has just done, presented with relevant documents, goes some way to proving that there is always more to it than meets the eye. It just needs an alert reporter to ensure this.

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Led by donkeys

The just-concluded elections in the UK was enlivened by the antics of a group aptly titled ‘Led by Donkeys’, which has been in existence since 2019 during the stormy days of anti-Brexit activism. One of its recent high points was disrupting Nigel Farage’s speech at Essex some weeks ago. As Farage droned on an on, a banner descended behind him carrying a message which was essentially a critique of his pro-Putin stance on the Ukraine war.  It showed a large image of a thumbs up from a smiling Putin, with the words, ‘I love Nigel’, emblazoned over it. Before long, ‘I love Nigel’ tees were selling by their dozens on Amazon.

‘Led by Donkeys’ comprise four blokes who got together to take on the Tories on their stance over Brexit, by using satire on social media.  Initially anonymous, they outed their identities when people started making wild allegations about the group. They turned out to be your standard British lads with names like Ben Stewart, James Sadri, Oliver Knowles and Will Rose.

Their bag of tricks are many, but it first began with printing out angry tweets on Brexit gathered from Twitter, which were then blown up and displayed publicly. As Ben Stewart is reported to have put it, Brexit seemed to have broken everything and we felt that the people who had brought it about weren’t being held to account for what they had promised the British public.” 

This was expanded to include satirical videos and sting operations. Britain’s Rwanda policy came in for some bitter treatment with ‘Led By Donkeys’ actually capturing on film, through a hidden camera, the Rwandan ambassador’s insouciance over refugees in that country having been killed by the local police. His shocking response was, “Yes, it might have happened, but so what?” The video thus tore to shreds the claim made by the likes of Suella Braverman that conditions for refugees were safe in Rwanda. This conversation soon went viral on X, although there is no evidence to suggest that it embarrassed Braverman the slightest bit. 

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Erroneous representation

Wire reader, Dr. Udai S. Singh, former assistant professor of Chemistry, Gannon University, writes:

“Your news portal is my ONLY source for news regarding India since all of the other media sites are heavily biased. I have tried to donate before but cannot because I am led to a rupees site that requires Indian information. I just wanted to point out that while reading a story on deaths in UP, the state of my birth (‘From Heat Waves to Snake Bites and Cattle Attacks, the List of Deadly ‘Disasters’ in UP Is Long’, June 24), I came across an erroneous representation. I have come across many venomous snakes while working at our charity in Village Gagaha, District Gorakhpur. I have never killed them. The representative photograph in your interesting story is that of the banded kukri snake (Oligodon arnensis). This snake, threatening as it may look, is non-venomous! You should rectify this representation. Too often I have seen villagers kill snakes (all of them are essential in controlling rodent populations which are a serious pest-control issue) without prejudice and with ignorance. Ignorance is the cause of fear in humans.”

My response: Thank you Dr Udai Singh, I will draw the attention of the desk to your observation.

Seas of disharmony

We received a mail from Muhammad Frango and Eesa Jebastian, requesting us to cover a story on religion-based discrimination in Toothukudi district, Tamil Nadu. Since they do not write in English, this letter was drafted by a well-wisher. We carry an initial excerpt from this mail to demonstrate how complex the issue of conversion continues to be.

We would like you to report serious Human Rights Violation/Religious-based Discrimination/Untouchability/Social-Boycott that are occurring in Tamil Nadu despite the DMK regime claiming that it is providing “Social Justice” to the citizens of  the state.

I am Muhammad Frango, and my childhood friend Eesa Jebastian and I are fishermen residing in Kadaiyakudi, in Thoothukudi district. Our families and fellow fishermen, have migrated from other parts of the state and are Roman Catholics…In our area, there are three fishermen societies, backed by Christian missionaries from Thoothukudi, who rent tractors to push boats from the shore to the sea – assistance that fishermen need. 

To get back to our story, I and Eesa converted to Islam in 2021 and 2022, of our own free will. Upset by our decision, powerful people in our area threatened us to either leave Kadaiyakudi or seek forgiveness from the Church. We remained true to our new faith. To ‘teach us a lesson’, Eesa was expelled from his position as secretary of one of the fishermen’s societies, the “Vinnarisi Meenava Sangam, stating that that only Christians can be part of it. This meant that he and his family cannot use the tractor run by that society.

In the meantime, we complained to the Fisheries department of Tamil Nadu and the Thoothukudi collector’s office regarding this matter. We were also called by police and government officials for a peace-meeting. Initially during these meetings, the Kadaiyakudi fishermen brazenly stated that “Muslims shouldn’t live in our area and we are not responsible if some violence happens”. No officers took action against them and the worst part is that some officers suggested that we would be better off leaving our land and begin fishing somewhere else.

As you are aware the right to convert is a constitutionally granted one…

This column will be taking a break for a few weeks. Readers are invited to continue sending their comments and queries to: ombudsperson@cms.thewire.in

Supreme Court Reserves Order On Contempt of Court Case Against Ramdev and Patanjali Ayurved

The SC bench dispensed with the personal appearance of Ramdev and Balakrishna.

New Delhi: The Supreme Court on Tuesday, May 14 reserved its order on the contempt notice issued to Patanjali Ayurved and its owners Ramdev and his aide Acharaya Balkrishna over the company’s misleading advertisements case.

As per a Bar and Bench report, a bench of Justices Hima Kohli and Ahsanuddin Amanullah “dispensed with the personal appearance of Ramdev and Balakrishna” after noting that an affidavit, which is required to be filed within three weeks, will specify the steps taken to pull down the existing misleading advertisements of Patanjali products. Further, the affidavit  will also contain details of the measures taken to recall those products of the company whose licences have been suspended.

Senior advocate Balbir Singh informed the apex court bench that Patanjali has written to all the platforms which were still running its ads and the sale of banned products has also been stopped. Further, Singh requested the court to excuse his clients from personally appearing before the court.

“We will dispense with their presence…we will be reserving orders. File your affidavit, it will make a difference,” the bench was quoted as saying by Bar and Bench. “Public is cognisant, if they have choices they make well informed choices… Baba Ramdev has a lot of influence, use it in the right way,” the bench added.

According to a report published in The Indian Express, during the hearing, Indian Medical Association (IMA) president R.V. Asokan “unconditionally apologised” to the bench for the comments he had made against the Supreme Court in a recent interview to PTI while answering questions about Patanjali Ayurved’s misleading advertisements case.

Also read: ‘Taken India For A Ride’: Why Supreme Court’s Order Against Patanjali Is A Significant Step

“You can’t sit on a couch giving an interview to the press and lampooning the court,” Justice Kohli told Asokan, the daily reported. The bench also informed IMA’s counsel that “at this stage” the apex court was “not inclined to accept the affidavit of apology” tendered by Asokan.

The case in question pertains to the IMA’s petition against Ramdev’s controversial statements about allopathy, including India’s Covid 19 vaccination drive and alleged misleading advertisements about Patanjali Ayurved products claiming to permanently cure aliments like hypertension and diabetes.

Union Govt Defends Omission of Rule Related to Prevention of Misleading Ayush Ads

The government referred to multiple petitions against the provision in high courts across Delhi, Bombay and Kerala in its affidavit.

New Delhi: The Union government on Monday defended its August 2023 directive to states and Union territories regarding Rule 170 of the Drugs and Cosmetics Rules. The rule pertains to the prevention of misleading advertisements for Ayurvedic, Siddha or Unani drugs.

In response to a contempt case against yoga guru Ramdev and Patanjali’s managing director Balkrishna, the Union government in its affidavit, asserted that the August 2023 communication aimed to prevent confusion and unnecessary legal battles.

The case pertains to the Indian Medical Association’s (IMA’s) petition against Ramdev’s controversial statements about modern medicine, including India’s Covid-19 vaccination drive and alleged misleading advertisements about Patanjali Ayurved products.

“It is respectfully submitted that as the process of final gazette notification will take further time, in order to avoid confusion among the various State/UT SLAs (state licensing authorities) and to prevent avoidable litigations, Ministry of Ayush vide letter dated 29.08.2023 directed all state/UTs licensing authorities not to take any action under Rule 170 of the Drugs & Cosmetics Rules, 1945 as the final notification is under process,” the affidavit, submitted a day ahead of the hearing in the Supreme Court, read.

The government referred to multiple petitions against Rule 170 in high courts across Delhi, Bombay and Kerala and reiterated its stance to eliminate the provision, suggesting that actions for misleading advertisements could be addressed under the Drugs and Magic Remedies Act.

Also read: Patanjali Case: After SC Questions Size of Apology, Ramdev Issues New One in Papers

A bench comprising justices Hima Kohli and Ahsanuddin Amanullah is scheduled to discuss the regulatory framework on Tuesday, the Hindustan Times reported.

While the government couldn’t take action against the misleading ads of various firms, including Patanjali, under the impugned provision, it could have acted against the erring firms under Drug and Magic Remedies Act (Objectionable Advertisements),1954. This Act prohibits the misleading advertisements of products which claim to have magical properties to cure a certain disease.

Background of Rule 170

The Ayush ministry, after consultations with its advisory board, had inserted Rule 170 in the Drugs and Cosmetics Rules in 2018 after a parliamentary committee on health had pulled up the ministry on the frequency of misleading advertisements for Ayush products.

The provision aimed to prevent the advertisement of Ayurvedic, Siddha, and Unani drugs without clearance from the relevant licensing authority of the state.

However, in less than a month after the new rule was gazetted, several manufacturers went to court against the rule and in January 2019 the Delhi high court stayed its operation, Times of India reported.

In 2022, the advisory board recommended the provision’s omission.

Patanjali Case: After SC Questions Size of Apology, Ramdev Issues New One in Papers

When questioned about the size of the ads on Tuesday, Patanjali’s lawyer Mukul Rohatgi told the bench that the ad had appeared in 67 newspapers and that it costs “tens of lakhs”.

New Delhi: A day after being questioned by the Supreme Court on whether their printed apology in newspapers was as big as their misleading ads, Patanjali Ayurved co-founder Ramdev and managing director Acharya Balkrishna had issued a fresh apology in the newspapers on Wednesday (April 24) morning.

When questioned about the size of the ads on Tuesday, Patanjali’s lawyer Mukul Rohatgi told the bench that the ad had appeared in 67 newspapers and that it costs “tens of lakhs”.

Justice Hima Kohli had asked in response, “Does it cost the same tens of lakhs of rupees for the full-page advertisements you published? We are wondering.” The bench also reprimanded Patanjali’s lawyers for not producing a copy of the apology published by them.

The case pertains to the Indian Medical Association’s (IMA’s) petition against Ramdev’s controversial statements about modern medicine, including India’s Covid-19 vaccination drive and alleged misleading advertisements about Patanjali Ayurved products.

On November 21, the Supreme Court had asked Patanjali to immediately stop publishing misleading claims and advertisements against modern systems of medicine, warning of a hefty fine if it does not. Later, the IMA came back to the bench and showed a video clip which was of a press conference held by Ramdev on November 22 where he said that remedies for blood pressure were “lies spread by allopathy’’. Moreover, the medical body pointed out that Ramdev’s firm continued to circulate several false advertisements claiming to permanently cure aliments like hypertension and diabetes.

On February 27, the Supreme Court issued a contempt notice to Patanjali Ayurved and Balakrishna, for continuing to run the advertisements and banned the firm from running medical advertisements temporarily. The apex court also slammed the Union government for “sitting with its eyes shut” and not taking any action on the advertisements. During the subsequent hearings on March 19, April 2 and April 10, the bench had called Ramdev and Balkrishna in person, asking them to show cause why they should not be punished for contempt of court.

The court has so far rejected two apologies issued by Ramdev and Balkrishna, calling them “mere lip service”. It is yet to take a call on whether the third apology will be accepted.

The Wire Wrap Ep 10: BJP’s Manifesto, Religious Campaigning, SC and Patanjali

On this episode of The Wire Wrap, The Wire’s Jahnavi Sen is joined by development economist Dipa Sinha and The Wire Hindi’s editor Ashutosh Bhardwaj.

On the 19th of April, people in 102 constituencies across 21 states and union territories are casting their votes. This was less than a week since the Bharatiya Janata Party released its manifesto, called ‘Modi ki Guarantee 2024’.

On this episode of The Wire Wrap, The Wire‘s Jahnavi Sen is joined by development economist Dipa Sinha and The Wire Hindi‘s editor Ashutosh Bhardwaj to talk about what the party is promising and in whose name, and how this compares to the Congress’s manifesto released a week before. In addition, they discuss the use of religion and invocations of Ram in the BJP’s election campaign and the Election Commission’s silence on the matter, and the Supreme Court case involving Patanjali Ayurveda and its misleading advertising.

We are Still Deciding Whether to Accept Your Apology: Supreme Court to Ramdev, Balkrishna

“The court is right. I will be extremely careful in future so that there is no defiance of a court order, or my position becomes delicate because of my mistakes. It happened because of our zealousness to tell the world about our discoveries and research,” Ramdev said, during the hearing of the case pertaining to running misleading advertisements about Patanjali products.

New Delhi: The Supreme Court on Tuesday, April 16 mentioned that it is yet to accept the apology tendered by yoga guru and entrepreneur Ramdev and his aide Acharya Balkrishna since they have violated “not one but three court orders”.

“At times, it does not appear that the apology is from the heart when you try to justify what you did. There has been a violation of not one but three court orders. Today, we are not saying ‘we condone you’. We are still deciding whether to accept your apology. You cannot be considered as ignorant as you could defy three court orders,” the bench comprising of Justices Hima Kohli and Ahsanuddin Amanullah said, as per a Hindustan Times report.

Further, the court gave Ramdev and Balkrishna a week to take suitable steps “to redeem themselves” and demonstrate their remorse.

“Personality does not matter… You are part of the system. You and I understand but there are some people who don’t. Institutions matter, personalities don’t. The majesty of the institution and the Constitution are supreme…that is above us and that is important,” the bench told senior counsel Mukul Rohatgi, who is representing the duo.

“Whatever you do, it has to be within the four corners of the law… You cannot denigrate or shoot down other systems to promote your system. We won’t allow that. You are before us because you have apparently committed contempt. There are incurable diseases, and no advertisements are allowed in respect of them. Law is equal for everyone. And if you think your system has a cure, prove it before the government panel first,” the apex court told Ramdev as he was present in person for the hearing along with Balkrishna, HT reported.

The bench added: “This country and its people have hopes from you. You should not have done all this. You cannot degrade allopathy. Don’t denigrate any other system.”

Accepting his mistake, Ramdev said, “The court is right. I will be extremely careful in future so that there is no defiance of a court order, or my position becomes delicate because of my mistakes. It happened because of our zealousness to tell the world about our discoveries and research. But we should have been more careful,” he added. Patanjali’s managing director Balakrishna also underlined that they are committed to more responsible advertising in the future.

However, the court asserted that the two were “not so naive” that they had simply made a mistake, after they offered to issue a public apology to avoid a contempt charge, HT reported.

The case pertains to the Indian Medical Association’s (IMA’s) petition against Ramdev’s controversial statements about modern medicine, including India’s Covid-19 vaccination drive and alleged misleading advertisements about Patanjali Ayurved products.

Also read: ‘Taken India For A Ride’: Why Supreme Court’s Order Against Patanjali Is A Significant Step

On November 21, the Supreme Court had asked Patanjali to immediately stop publishing misleading claims and advertisements against modern systems of medicine, warning of a hefty fine if it does not. Later, the IMA came back to the bench and showed a video clip which was of a press conference held by Ramdev on November 22 where he said that remedies for blood pressure were “lies spread by allopathy’’. Moreover, the medical body pointed out that Ramdev’s firm continued to circulate several false advertisements claiming to permanently cure aliments like hypertension and diabetes.

On February 27, the Supreme Court issued a contempt notice to Patanjali Ayurved and Balakrishna, for continuing to run the advertisements and banned the firm from running medical advertisements temporarily. The apex court also slammed the Union government for “sitting with its eyes shut” and not taking any action on the advertisements. During the subsequent hearings on March 19, April 2 and April 10, the bench had called Ramdev and Balkrishna in person, asking them to show cause why they should not be punished for contempt of court.

The Supreme Court will take up the matter again on April 27.

Uttarakhand SLA, Ayush Ministry Stalled Action Against Patanjali: RTI Activist

K.V. Babu told TOI that complaints against the Ramdev-founded company’s misleading ads were dealt with in a manner that made it easy for Patanjali to become a repeat offender.

New Delhi: The Uttarakhand state licensing authority did not register any case against the Ramdev-founded Patanjali Ayurveda company despite the fact that the company violated the SLA’s repeated written missives, opthalmologist Dr K.V. Babu – who has pursued the case for two years – has said.

A day after the Supreme Court – in no uncertain terms – told off the Uttarakhand government over its inaction when it came to misleading ads released by Patanjali and rejected Patanjali’s apologies, Times of India interviewed Babu.

The doctor and Right to Information activist told the paper that the Union government’s Ayush ministry had received several complaints against Patanjali and would forward these to the Uttarakhand SLA each time. Although Patanjali had claimed in May 2022 to have stopped circulating the misleading ads, in July, it released ads for five drugs, peddling all of them as cures for diabetes, glaucoma, goitre, blood pressure issues and cholesterol.

This violates the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, and the Drugs and Cosmetics Act and Rules, 1945, Babu said. Both laws prohibit a medicine from being called a ‘cure’ to some diseases. Conviction under the former can lead to prison sentences of up to a year or more and a fine.

Babu adds that while the SLA would write to Patanjali against the violations, prompted by Babu’s letters, it would stop short of filing cases.

Babu makes it clear that the SLA took up a mild treatment of Patanjali and show caused it under a rule – Rule 170 of the Drugs and Cosmetics Act – which was sub judice. The Ayush ministry, too, concurred that no action could be taken under this rule. However, offences were clearly made out and complaints had been filed under the DMR Act and not the DCA Act, Babu said.

Babu, in the interview, explains a chronology that seems to illustrate that the SLA and Ayush ministry stalled action against Patanjali.

Babu also noted that the company had assumed that the Supreme Court would be comparable in tolerance to the misleading ads as the Ayush ministry and Uttarakhand SLA. Babu said that he himself had been moved to act in the case after seeing that a friend’s mother who had switched to Patanjali medicines for glaucoma grew worse.

SC Doesn’t Accept Ramdev’s Fresh Apology, Pardon Request in Contempt Case

Earlier, the apex court had refused to accept Ramdev and Acharya Balakrishnan’s apology, calling it “mere lip service”.

New Delhi: The Supreme Court on April 10 rejected Patanjali Ayurveda co-founder Ramdev and managing director Acharya Balakrishnan’s second unconditional apology and pardon request in a contempt case linked to the company publishing misleading ads during the COVID-19 pandemic. The two are apologising only because they were caught out, the bench said.

Having regard to entire history, we have expressed our reservations about accepting the latest affidavit filed. We have also pointed out that even after show cause notices, the proposed contemnors attempted to wriggle out of physical appearance. This is most unacceptable,” Justice Hima Kohli said in court, according to LiveLaw.

Patanjali says their advertisements were to keep people connected with Ayurvedic medicines, as if they are the first ones in the world to come up with Ayurvedic medicines,” the judge stated.

The court also criticised the state authorities for their inaction. “State Licensing Authority has also filed a detailed affidavit trying to explain action taken regarding objectionable ads. We are appalled to note that except pushing file, nothing has been done,” Justice Kohli said. “In 4-5 years, State Licensing Authority remained in deep slumber. It is sought to be explained that concerned officer had taken over post in June, 2023. In our opinion, that is enough time for him to have acted. Predecessor is equally complicit.”

The court also accused Ramdev and Balakrishna of sending their affidavit to the media before the court. “Till the matter hit the Court, the contemnors did not find it fit to send us the affidavits. They sent it to the media first, till 7.30 pm yesterday it was not uploaded for us. They believe in publicity clearly,” Justice Kohli said, according to NDTV.

The court has been hearing a petition filed by the Indian Medical Association against ads issued by Patanjali that were attacking allopathy. Earlier, the apex court had refused to accept Ramdev and Balakrishnan’s first apology, calling it “mere lip service”, and also questioned the Union government for not acting against the company’s misleading claims during a public health crisis.

“I hereby tender my unconditional apology in regard to the issue of advertisements which occurred after the statement of counsel of respondent no. 5 (Patanjali) which was recorded in the order dated November 21, 2023, which I am informed has the force of an injunction,” Ramdev and Balakrishnan’s fresh affidavit read, according to India Today.

The matter is coming up for hearing in the Supreme Court again today, and the two have to be present in court on the court’s orders.

In a separate case, the Delhi high court in 2022 told Baba Ramdev not to “mislead” people against allopathy and not to make any claims beyond what authorities had stated about Patanjali’s product Coronil. The court took exception to Patanjali advertising it as a “cure” for COVID-19.

‘Taken India For A Ride’: Why Supreme Court’s Order Against Patanjali Is A Significant Step

Indians who struggle with medical expenses are particularly vulnerable to the growing promotion of an “indigenous” medical system supposedly offering cheaper remedies.

On February 27, the Supreme Court issued a contempt notice to Patanjali Ayurved, the company founded by yoga guru Ramdev, and its managing director Acharya Balakrishna. This notice was in response to the company’s continued dissemination of misleading advertisements claiming to offer permanent cures for various diseases.

The apex court bench consisting of Justices Hima Kohli and Ahsanuddin Amanullah, strongly criticised Patanjali Ayurved for its misleading advertising practices and temporarily banned the company from marketing its products until further notice.

Despite an assurance given to the court in November 2023, wherein the company promised not to release any statements that made unsubstantiated claims about medicinal efficacy or criticise any system of medicine, Patanjali Ayurved persisted in its misleading advertisements. The bench remarked that the entire nation had been deceived by these actions. Furthermore, the apex court also admonished the Union government for failing to take any action against these advertisements despite being aware of them.

What is the case?

The case goes back to the year 2022. In August 2022, the Indian Medical Association (IMA) took legal action in response to a Patanjali advertisement titled “Misconceptions spread by allopathy: Save yourself and the country from the misconceptions spread by pharma and medical industry.”

The petition raised two main concerns: firstly, it accused Patanjali of consistently disseminating misinformation to denigrate allopathy, which it deemed as a deliberate and ongoing campaign. Secondly, it alleged that Patanjali was making exaggerated claims about the efficacy of its drugs, purportedly based on scientific evidence, which contradicted regulations banning such advertisements in the country. According to the IMA, these statements violated both the Drugs and Other Magical Remedies Act, 1954 (DOMA) and the Consumer Protection Act, 2019 (CPA).

In 2017, Patanjali’s Divya Amla Juice, recommended for individuals with diabetes, and Shivlingi Beej were deemed of ‘substandard quality’ by the Ayurveda and Unani Office in Haridwar, as revealed in a Right to Information response.

In December 2022, Nepal’s drug regulator blacklisted Patanjali’s Divya Pharmacy for failing to adhere to WHO’s drug manufacturing standards. Additional reports have also raised concerns regarding Patanjali’s questionable quality control measures and the lack of robust clinical trial evidence.

On November 21, 2023, a Supreme Court bench comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra cautioned Patanjali against advertising permanent cures and threatened to levy a penalty of Rs 1 crore for each product making such claims. The court declined to engage in the “Allopathy v. Ayurveda” discourse at that time.

Despite its assurances to the court, pledging no violation of laws, especially regarding product advertising, and refraining from making disparaging remarks about any medical system, Patanjali failed to uphold these commitments. Soon after the hearing, Baba Ramdev praised Patanjali products at a press conference, followed by advertisements appearing in mainstream media in December 2023 and January 2024. These actions contravened the company’s promise to the Supreme Court.

A strong dose

The recent Supreme Court ruling to enforce a ban on Patanjali’s advertisements marks a pivotal step in addressing the ongoing problem of misleading medical advertising.

In a society where many individuals lack sufficient knowledge of medical science and tend to place unwarranted faith in unverified herbal remedies, such advertising practices present a considerable risk. They propagate misinformation and may endorse products that could potentially pose harm to consumers.

Despite efforts such as the collaboration between the Ministry of AYUSH and the Advertising Standards Council of India to tackle misleading advertisements, Patanjali continued to spread misinformation unchecked. The court’s intervention signifies a crucial move towards protecting public health and ensuring accountability in the marketing of healthcare products.

The company persisted even when it was warned by the Supreme Court as early as November 2023 to cease disseminating these assertions or risk substantial fines of up to Rs 1 crore for each product featuring false claims.

Notably, the court reprimanded the government for its apparent negligence, accusing it of turning a blind eye while the nation was deceived. The government could have legally compelled Patanjali to retract its advertisements, which flagrantly contravened Section 4 of the Drugs and Other Magical Remedies Act (DOMA), 1954, as well as the Consumer Protection Act, 2019.

Under the current legal framework, dissemination of misleading advertisements carries penalties. A first offence under the Drug and Magic Remedies (Objectionable Advertisements) Act (DOMA) could lead to imprisonment for six months and/or a fine. For subsequent offences, the punishment may extend to one year.

Conversely, the Consumer Protection Act imposes stricter consequences, with a potential imprisonment term of up to two years and a fine of around Rs 10 lakh for violations. Repeat offences escalate to a five-year imprisonment term and a fine of approximately Rs 50 lakh. The government has committed to investigating allegations and proposing appropriate actions. Strengthening advertising regulations for both Ayurvedic and over-the-counter (OTC) allopathic drugs should be a priority in this regard.

Both operate in grey areas. For instance, DOMA does not recognise a list of drugs for which any advertisement is prohibited. But that still leaves the field dangerously open for all manner of products, including some vaccines. As for advertisements for ayurvedic products, these are more common than their allopathic counterparts because they do not require pre-approval or any stipulation of minimum information for the consumer. Indians who struggle with medical expenses are particularly vulnerable to the growing promotion of an “indigenous” medical system supposedly offering cheaper remedies.

Patanjali’s prosperity and its ability to evade legal scrutiny highlight a troubling issue: the lack of accessible and affordable healthcare. The underprivileged find themselves trapped, facing a choice between enduring delayed treatment from conventional medicine or falling victim to misleading and exploitative advertising, exacerbating their plight.

Deceptive advertisements not only breach legal standards but also endanger public health by disseminating misinformation about evidence-based treatments and targeting vulnerable individuals. Patanjali’s misleading advertising practices are acknowledged as a critical public health concern demanding urgent intervention. The recent Supreme Court ruling represents a positive initial move towards overhauling the regulations overseeing this medical system.

Shivanand Pandit is an autonomous finance and tax adviser. He has 28 years of experience in finance, accounting, taxation laws, cost management, wealth management, audit, corporate and banking laws.

FIR Against Ramdev for Remarks on Muslims, Christians in Rajasthan

At a congregation of Hindu leaders, Ramdev had said that Muslims and Christians communities have been “obsessed” with “conversion”.

New Delhi: An FIR has been registered against businessman and yoga teacher Ramdev in Rajasthan on Sunday (February 5), under sections pertaining to promoting enmity and outraging religious feeling. The case pertains to a provocative speech Ramdev gave in Barmer, where he claimed that Muslims and Christians communities have been “obsessed” with “conversion”.

A police officer told PTI that the FIR was registered at Chauhatan police station based on a complaint filed by a local resident, Pathai Khan.

According to Chauhatan police station SHO Bhutaram, the FIR was registered under IPC Sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence), 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) and 298 (uttering, words, etc., with deliberate intent to wound the religious feelings of any person).

In a viral video of a congregation of Hindu leaders in Barmer on February 2, Ramdev can be heard saying that Muslims believe that namaz washes away all sins, including “kidnapping Hindu girls and terrorism”. He added in Hindi, “Ask a Muslim what your religion says, they will say, ‘Read namaz five times and then do whatever comes to mind.’ Whether you kidnap Hindu girls, do whatever sin you want to commit. They think that the meaning of Islam is only namaz.”

He adds: “Our Muslim brothers commit a lot of sins, but I have seen that they will definitely pray. Because that’s what they have been taught, just pray, do whatever else you want to do. They became terrorists, and a lot of them become criminals.”

“I am not saying this is what Islam or Quran teaches. But it is being followed anyway,” he says in the video.

About Christianity, he claimed: “What does Christianity say? Go to church, light a candle, and then stand in front of the Lord Jesus… all your sins will be washed away.” He can be heard saying that Christians wear a cross across their chest and propagate the religion.

“I am not criticising anyone. These people are just obsessed with that. Some say turn the whole world into Islam, someone says the whole world should be turned into Christianity. But tell me what you will do by changing it. No agenda,” he goes on in the video.

The Rajasthan police had earlier initiated a suo motu enquiry into the statements.

This is not the first time that Ramdev has made problematic statements. In November last year, he commented that women look good when they wear “saris, salwar kameez or even, if like me, when they choose to wear nothing”.