Frame policy for online sale of medicines: Delhi HC gives four-month deadline for Health Ministry

The division bench, led by Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, issued the order in response to the Ministry's request for an extension due to the complexity of the matter. The draft notification for online drug sales was issued over five years ago, on August 28, 2018.

The Ministry argued that the subject of online drug sales is complex, involving modifications to various Acts and Rules/Regulations, including the Drugs and Cosmetics Act, 1940; Pharmacy Act, 1948; Pharmacy Practice Regulations, 2015; Indian Medical Act, 1956; Code of Ethics Regulations, 2002, and Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.

In its submission, the Ministry said;

"The subject of online sale of drugs is one of complex nature and any modification in the manner of sale of drugs will have far reaching consequences and will involve changes in many other Acts and Rules/Regulations apart from Drugs & Cosmetics Act, 1940; Pharmacy Act, 1948; Pharmacy Practice Regulations, 2015; Indian Medical Act, 1956; Code of Ethics Regulations, 2002, and Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954. It is further submitted that the modifications will also involve changes and amendments in these Acts and Rules / Regulations and the manner in which these Acts and Rules /Regulations are operated and enforced by all their respective stakeholders."

In view of the submissions, the division bench granted the Ministry a final opportunity to frame the policy within four months, warning that if the draft policy is not prepared by the next hearing on July 8, 2024, the court will proceed with the matter. The bench noted;

"...the last and final opportunity is given to the Ministry of Health and Family Welfare to frame a policy of online sale of drugs within four months. It is made clear that if the draft policy is not prepared before the next date of hearing, this Court will have no other option but to proceed ahead with the matter."

The court's decision follows a petition by Dr Zaheer Ahmed, the South Chemists and Distributors Association (SCDA), and others against the Central Government's inaction on e-pharmacies. In the previous hearing, the court had given the Centre eight weeks to frame the policy, and in case of non-compliance, the Joint Secretary dealing with the policy was directed to appear in court, which occurred on March 4, 2024.

Also Read: Ban On Online Sale Of Medicines: Delhi HC Issues Notice To Centre, E-Pharmacies On Contempt Plea

The matter is listed for the next hearing on July 8, 2024.

To view the latest order, click on the link below: