In 2006, the Lawyers Collective, through the Karnataka Network for People living with HIV (KNP+), filed a public interest litigation in the High Court of Karnataka, Karnataka Network for People living with HIV/AIDS (KNP+) v. Balachandra K Pagali Nayak and Others (WP No.8852/2006(GM)RES), seeking restraining orders against four individuals, Balachandra K Pagali Nayak, Ramanand Rao J V, J.D.V. Rao and A.Y. Ramesh, preventing them from making false and misleading advertisements of having cured, or being able to provide a sure treatment for, HIV/AIDS. The petition further sought the proactive prevention of quacks from advertising false cures or treatment for HIV by the State, through the enforcement of existing legislation, the Drugs and Magical Remedies (Objectionable Advertisements) Act, 1954 and the Karnataka Ayurvedic and Unani Practitioners Registration and Medical Practitioners (Miscellaneous Provisions) Act, 1961.
The right to health forms an integral part of the right to life, guaranteed by Article 21 of the Constitution of India. On behalf of KNP+, it was argued that the quacks violated the right to life and health of people living with HIV (PLHIV) by providing false and misleading cures and/or treatment for HIV. At a broader level, it was argued that it is the responsibility of the State to prevent quacks from making such false and misleading claims, so as to protect the rights of PLHIV and ensure that every citizen has access to safe, affordable and appropriate health care.
On 27th March 2007, the Karnataka High Court granted an interim order in favour of KNP+, restraining the four individuals from publishing any advertisements or other information, claiming to have a cure or treatment for HIV/AIDS. They were further restrained from manufacturing, selling, distributing or marketing drugs claiming to provide treatment for, or cure, HIV/AIDS. Read the interim order dated 27.03.2007 here.
On 21st August 2012, the High Court heard the matter and made the interim order final and thereby:
- Permanently restrained the four individuals from issuing or publishing any advertisements, brochures, pamphlets, press releases or any other information or material including putting up of a web site or any other information on the internet, claiming to have a cure or treatment for HIV/AIDS.
- Further, permanently restrained the four individuals from manufacturing, selling, distributing, marketing drugs claiming to provide treatment or cure HIV/AIDS.
- Directed the drug controller to pursue and proceed with criminal proceedings or actions already initiated against the four individuals.
- Directed the State and the Drug Controller to keep vigil against false propaganda or publication regarding the treatment or cure for HIV/AIDS in the State in general and take swift and effective action against those who violate the law in this regard.
Read the full text of the final order dated 21.08.2012 here.