Andhra Pradesh High Court allows Anandaiah ayurvedic concoction for COVID patients

HC directed the state government not to interfere but ensure compliance with Covid guidelines in relation to their use

Update: 2021-05-31 18:38 GMT
AP High Court

Vijayawada: The Andhra Pradesh High Court has permitted use of ayurvedic preparations for Covid patients with an exception for eye drops and directed the state government not to interfere but ensure compliance with Covid guidelines in relation to their use.

A vacation bench comprising justices K. Vijaya Lakhsmi and D. Ramesh heard the petitions filed by traditional medical practitioner B. Anandaiah who recently came up with some cures, and others, here on Monday.

Special government pleader Ch Sumon submitted to the court that Anandaiah was administering five types of ayurvedic preparations known as ‘P,F,L,K and eye drops’. The samples of ‘P,F and L’ were sent for analysis and they were found to be satisfactory, the court was told.

The government pleader informed the court that the state government does not have any objection vis-a-vis administering the ayurvedic preparations to the needy. With regard to the preparation ‘K’, the sample could not be drawn and analysed and is not available with the practitioner.

He submitted that the ‘K’ sample would be drawn as and when available from Anandaiah and would be sent for analysis. Its report would be submitted by June 3. With regard to the eye- drops, it would take two weeks’ time for the analysis.

The court asked the pleader to suggest measures for preparation and administration of eye drops in ways as to ensure its safety. Pleader responded that he would come back with suggestions by June 3.

Petitioner’s counsel N. Ashwani Kumar submitted that sample ‘K’ would be available for examination by Monday night. He submitted that the ayurvedic medicine was helpful in treating Coronavirus. It is having a “unique combination” and was proven to be having “no possible side effect.”

The preparation is expected to be categorised under ‘patent or proprietary medicine’ as defined under section 3(h) of the Drugs and Cosmetics Act, 1940, he said and argued that Anandaiah is a practising ayurvedic doctor for many years. The drug he was making needed no licence and, under provisions of Section 33 EEC the petitioner gets an exception from obtaining a licence, he added.

He claimed that the ayurveda doctor was having exclusive right to use the preparation and is not obliged to disclose the details of the combination. “The concoction is his intellectual property and he is having proprietary righton it and an exclusive protection could be sought through patent law.”

He informed the court that the petitioner wanted to distribute the preparation to the public free of cost.

Special government pleader Sumon said the SP and the district collector of Nellore district were asked to ensure compliance with Covid guidelines by the people while taking ayurvedic preparations made by Anandaiah. He suggested that instead of patients directly coming to Anandaiah, anyone on behalf of the patients could come and collect the medicine to avoid a spread of Covid19.

The court directed Anandaiah and the district administration to discuss ways of maintenance of Covid protocols and smooth administration of the medicine. The court posted the next hearing on June 3.

Earlier, Chief Minister Y.S. Jagan Mohan Reddy held a high-level review meet on Covid management and discussed Anandaiah's medicinal preparation with the officials. At the meeting, it was decided to permit administration of three traditional supplements of the medicine, except for the eye drops based on CRAS report.

The officials said infected persons were not supposed to visit Krishnapatnam personally for getting medicine but their relatives could get it. The officials also informed the CM that no evidence of adverse effects with the herbal concoctions were found and the ingredients being used for preparations were nor harmful.

The officials said the CCRAS-conducted trials to find out whether the supplements could cure Covid19 and made it clear that no such evidence was found.

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