Two persons from Andhra Pradesh, claiming to have invented an ayurvedic medicine that can cure AIDS, have challenged the provisions of the Drugs and Cosmetics Rules for being denied a licence to market their medicine.

Chilaveri Bhoomeshwar and A M Krishna, who is a Supreme Court advocate, on Wednesday claimed before a Delhi high court bench comprising Justice B A Khan and Justice C K Mahajan that tests on some HIV-positive patients had proved successful.

They, however, have been denied a license to market the medicine in keeping with Rule 106 of Schedule J of the Drugs and Cosmetic Rules, which prevents persons other than those associated with the medical profession to be given a licences in these matters.

The petitioners contended that the rule violates Article 19 and 21 of the Constitution as it infringed on the rights of both the inventors and the AIDS patients.

When the bench asked them how they developed the medicine in spite of not belonging to the medical profession, the duo pleaded for constitution of a committee to verify the genuineness of the medicine.

The bench said it was ready to do so provided the petitioners deposited Rs 100,000 with the court. Accepting the offer, Krishna said the government should pay them Rs one million (Rs 10 lakh) if the medicine is found to be genuine.

Giving the two time to think over the offer, the court adjourned the hearing for Thursday.