Achi news desk-
GUWAHATI: The central government has agreed to withdraw a letter issued by the ministry of manpower that directed state and union licensing authorities not to take action against advertisements related to Ayurvedic and manpower products under rule 170 of the Drugs and Cosmetics Rules, 1945. The decision came after the Supreme Court expressed strong reservations over the ministry’s directive, which appears to be under appeal the existing law.
A Supreme Court bench of Justices Hima Kohli and Ahsanuddin Amanullah, hearing a contempt case against Patanjali for running misleading advertisements, was concerned about the ministry’s directive, which was issued based on the recommendation of the Technical Advisory on Ayurvedic, Siddha and Unani Medicines. Board of Directors (ASUDTAB). The recommendation proposed to omit Rule 170, but the final decision has not yet been made.
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Rule 170 prohibits advertisements of Ayurvedic, Siddha or Unani medicines without the approval of the licensing authorities. The ministry’s letter, issued on August 29, 2023, directed the state and UT licensing authorities and AYUSH drug controllers not to take action under Rule 170 due to ASUDTAB’s recommendation. However, the court noted that such a directive contradicts the existing legal framework.
Kohli and Amanula questioned the central government’s reasoning behind the directive. The judges emphasized that the ministry’s letter cannot be justified without a final decision on the omission of regulation 170. Kohli commented: "Why would you jump the gun? How can the government say that I will direct it only with a recommendation? Without making the decision, why do you say it doesn’t apply the law?"
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During the hearing, Additional Solicitor General (ASG) KM Nataraj pointed out that at least 8-9 writ petitions challenging Rule 170 are pending in various high courts. However, the committee noted that no judgment was given in those cases, indicating that the issue is still under judicial review.
The committee’s strong comments prompted the ASG to assure the court that the letter would be withdrawn "immediately." The court also ordered the union to expedite the final notification process regarding the proposed omission of Rule 170, sent to the Ministry of Justice and Justice, with public objections requested within 30 days in February 2024.
