The Supreme Court on Friday declined to entertain a petition challenging the continued distribution of the homoeopathic drug Arsenicum Album in Kerala, which was promoted as an “immunity booster” during the COVID-19 pandemic.

A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a plea questioning whether the drug was administered without undergoing the clinical testing and trials required under the Drugs and Cosmetics Act.

Senior Advocate Anand Grover, appearing for the petitioner, argued that homoeopathic medicines are also required to comply with the prescribed clinical trial protocols. He submitted that no such trials were conducted for Arsenicum Album before it was distributed on a large scale.

“During COVID, all kinds of advisories were issued. Everybody was caught unawares. Nobody knew what was to be done,” CJI Surya Kant observed, referring to the circumstances prevailing during the pandemic.

Grover, however, clarified that the petition was not questioning the efficacy of homoeopathy but was concerned with whether the prescribed legal and clinical protocols had been followed before the drug was administered.

The Bench questioned whether the Supreme Court was the appropriate forum to examine the issue. CJI Kant observed that determining whether homeopathic medicines were being permitted without complying with the Drugs and Cosmetics Act would require an independent inquiry.

Grover argued that while the emergency situation during COVID-19 could have justified certain relaxations, the situation had since changed. He submitted that the issue required examination as the Kerala government was allegedly continuing to administer Arsenicum Album to children.

Justice Bagchi pointed out that similar relaxations had been made during the pandemic even in relation to allopathic medicines, noting that medical authorities across the world had shortened the timelines for experimentation and approval of vaccines in view of the global emergency.

Grover maintained that his challenge was not limited to the pandemic and also concerned the continued use of the drug under the AYUSH guidelines issued by the Union Government.

The Supreme Court ultimately declined to examine the continued use of Arsenicum Album in the present proceedings. However, the Bench indicated that the petitioner could approach the Court through a separate petition specifically challenging whether governments were permitting the administration of homoeopathic medicines without following the prescribed legal and clinical protocols.

“Not here. File an independent petition,” CJI Kant said, making it clear that the broader issue could be raised separately before the Court.