Justice delayed but a ton of bricks await

From ‘SC declines Ramdev, Patanjali apology; expresses concern over FMCGs taking gullible consumers ‘up and down the garden path’’, The Hindu, April 10, 2024:

The Supreme Court has refused to accept the unconditional apology from Patanjali co-founder Baba Ramdev and managing director Acharya Balkrishna for advertising medical products in violation of giving an undertaking in the apex court in November 2023 prohibiting the self-styled yoga guru. … Justices Hima Kohli and Ahsanuddin Amanullah told senior advocate Mukul Rohatgi that Mr. Ramdev has apologised only after being caught on the back foot. His violations of the undertaking to the court was deliberate and willful, they said. The SC recorded its dissatisfaction with the apology tendered by proposed contemnors Patanjali, Mr. Balkrishna and Mr. Ramdev, and posted the contempt of court case on April 16.

… The Bench also turned its ire on the Uttarakhand State Licensing Authority for “twiddling their thumbs” and doing nothing to prevent the publications and advertisements. “Why should we not come down like a ton of bricks on your officers? They have been fillibustering,” Justice Kohli said. The court said the assurances of the State Licensing Authority and the apology of the proposed contemnors are not worth the paper they are written on.

A very emotionally gratifying turn of events, but perhaps not as gratifying as they might have been had they transpired at the government’s hands when Patanjali was issuing its advertisements of pseudoscience-backed COVID-19 cures during the pandemic. Or if the Supreme Court had proceeded to actually hold the men in contempt instead of making a slew of observations and setting a date for another hearing. Still, something to cheer for and occasion to reserve some hope for the April 16 session.

But in matters involving Ramdev and Patanjali Ayurved, many ministers of the current government ought to be pulled up as well, including former Union health minister Harsh Vardhan, Union micro, small, and medium enterprises minister Nitin Gadkari, and Prime Minister Narendra Modi. Modi’s governance and policies both written and unwritten enabled Patanjali’s charlatanry while messrs Vardhan and Gadkari were present at an event in February 2021 when Patanjali launched a product it claimed could cure COVID-19, with Vardhan – who was health minister then – speaking in favour of people buying and using the unproven thing.

I think the Supreme Court’s inclination to hold Ramdev et al. in contempt should extend to Vardhan as well because his presence at the event conferred a sheen of legitimacy on the product but also because of a specific bit of theatrics he pulled in May the same year involving Ramdev and former Prime Minister Manmohan Singh. Ramdev apologising because that’s more politically convenient rather than because he thinks he screwed up isn’t new. In that May, he’d called evidence-based medicine “stupid” and alleged such medicine had killed more people than the virus itself. After some virulent public backlash, Vardhan wrote a really polite letter to Ramdev asking him to apologise, and Ramdev obliged.

But just the previous month, in April 2021, Manmohan Singh had written a letter to Modi suggesting a few courses of action to improve India’s response to the virus’s spread. Its contents were perfectly reasonable, yet Vardhan responded to it accusing Singh of spreading “vaccine hesitancy” and alleging Congress-ruled states were responsible for fanning India’s deadly second wave of COVID-19 infections (in 2021). These were all ridiculous assertions. But equally importantly, his lashing out stood in stark contrast to his letter to Ramdev: respect for the self-styled godman and businessman whose company was attempting to corner the market for COVID-19 cures with untested, pseudo-Ayurvedic froth versus unhinged rhetoric for a well-regarded economist and statesman.

For this alone, Vardhan deserves the “ton of bricks” the Supreme Court is waiting with.

The government’s enblightenment

The GMO debate is a fascinating object, even though participating in it often amounts to nothing but pain, frustration and lost time – especially if you’re pro-GMO foods. It’s fascinating because it’s one of a kind: one party has science on its side but little else, including good science outreach, and the other has sociology but also lots of overreaching rhetoric. There is also an unseen foe, the agrochemical company Monsanto, whose decades of indulgence in unethical practices and corporate recalcitrance to promote the sales of its fertilisers and genetically modified seeds have blighted the soil – both literally and figuratively – rendering hundreds of thousands of people around the world forever suspicious of genetic engineering vis-à-vis agriculture. One prominent outcome of this ‘enblightenment’ is that scientifically robust data no longer suffices to qualify GM products for regulatory approval, and any such approval, once granted, becomes automatically subsumed by doubts about corruption and subversion. Another outcome is the pall of cynicism that hangs over any public deliberations of GM products, especially regarding business practices – cynicism that effectively holds a gap open for unscientific, even pseudoscientific, arguments to slip into the debate and for untenable rhetorical methods, especially whataboutery, to find more purchase than might be warranted. Taken together, I think these are some reasons why the GMO debate has lasted for so long and why settling it to the effect of everyone being more accepting of GM seeds is going to be very hard.

It would seem some of these features are also visible, or are becoming apparent, on a different front. Baba Ramdev’s (I suspect) pseudo-Ayurvedic company Patanjali Ayurved has come under fire for falsely claiming an antiviral drug it has minted, called Coronil, was approved by the WHO for use against COVID-19. The WHO hasn’t granted any such approval – and the study backing up Coronil’s efficacy doesn’t seem to hold up to deeper scrutiny either. However, Patanjali Ayurved has stood its ground, most recently lashing out against the Indian Medical Association (IMA) for calling Coronil’s public launch on February 19, with Union health minister Harsh Vardhan in attendance as an honoured guest, despite its dubious credentials was “a slap and insult to the people of the country”. A spokesperson for Patanjali, S.K. Tijarawala, tweeted the company’s rebuttal on February 25, asking the IMA to focus on availing the people of India more affordable healthcare first and to abolish the practice of “commissions in the medical profession”. This is plain whataboutery – responding to one argument with another while also changing the topic. However, this counterargument is also likely to stick because access to affordable and good quality healthcare and over-charging in private clinics and hospitals are both big and rampant problems in India, thanks to the oversight of successive governments and the privatising tendencies of the current one. And even though Patanjali is resorting to whataboutery to advance this accusation, the issues’ shared relevance is likely to be able to hold the door open for someone – a minister, a political leader, a prominent doctor, anyone – to legitimise the contention, in much the same way Monsanto mass-poisoned the public impression of GMOs, thus allowing otherwise untenable anti-GMO arguments to survive for longer in conversation. Humming quietly in the background is of course the government’s profitable hypocrisy: of doing nothing to ensure the problems Patanjali is using to hide from the IMA’s complaint go away, dispatching two of its senior ministers to endorse Patanjali’s products despite the near-complete absence of reason in its ‘approval’ by the government, and allowing Patanjali to justify Coronil’s existence by offering it – in vague and therefore irrefutable terms – as a potential solution for India’s ‘access to healthcare’ problems.