Irresponsible Decision: AIOCD Slams Railway Ministry's Plan to Partner with Online Pharmacies

The apex chemists' and pharmacists' body has formally written to the Union Minister of Railways, Ashwini Vaishnav, requesting the immediate withdrawal of this proposal, citing that the operation of online pharmacies is illegal in India.

In a letter addressed to the Minister, AIOCD President J.S. Shinde and General Secretary Rajiv Singhal pointed out that there are currently no legal provisions governing the sale of medicines through online pharmacies under Indian law. The letter stresses that such practices are in violation of the country’s laws and could lead to significant legal consequences for those involved.

Calling it a "error of judgment by the RailTel Corporation of India" Shinde further said that "They there are unaware of the status of online pharmacies in India, which is why such an irresponsible decision may have been taken by them. It should come to your notice that there are no rules that govern the sale of medicines through online pharmacies in India and they are all operating in contravention to the rules and regulations in our country, which can invite legal penalties," the letter said.

"We sincerely hope that the proposal of home delivering medicines through online pharmacies was not intentional to circumvent the laws of our country and cause huge harm to public health. We hope that this proposal will be withdrawn at the earliest," the letter added.

The organization’s concerns come after reports emerged that the Ministry of Railways, through RailTel Corporation of India, was in talks with online pharmacy platforms to facilitate the delivery of medicines from hospitals under its administration.

AIOCD further pointed out the legal backdrop of the issue, emphasizing a 2018 Delhi High Court ruling that prohibited the operation of online pharmacies in the country. The Court's decision in the case Dr. Zaheer Ahmad vs Union of India and South Chemists and Distributors Association vs Union of India made it clear that such operations are not permitted under current laws. Additionally, the Central Drugs Standard Control Organisation (CDSCO) had submitted an affidavit acknowledging that there is no provision for online pharmacies under the Drugs and Cosmetics Act, 1940.

The letter also highlighted that the sale and distribution of medicines must occur within licensed premises, as per the Drugs and Cosmetics Act. The AIOCD noted that during the COVID-19 pandemic, the government allowed the home delivery of medicines under specific circumstances, but this was limited to local, registered pharmacies and did not extend to online platforms.

AIOCD emphasized the critical legal stipulations under Section 65 of the Drugs and Cosmetics Act, which mandates that prescriptions must contain the prescriber’s signature, the seller’s name and address, along with the date of delivery. These conditions, the organization argues, make it clear that online pharmacies cannot legally operate by selling medications on prescriptions from telemedicine portals.

“This makes it amply clear that Schedule Drugs cannot be sold online on prescriptions made on any Telemedicine portal. Those doing so, and operating it against the law, may be suitably punished in the court of law,” the letter read.

Subsequently, AIOCD urged the Ministry of Railways and RailTel Corporation of India to reconsider their decision and withdraw the proposal at the earliest, as the operation of illegal online pharmacies poses a significant risk to public health.

"We hope that this decision was not taken deliberately. AIOCD is committed to protecting the interests of the people of the country and the pharmaceutical sector. We appeal to RailTel Corporation to immediately withdraw this illegal proposal," the letter said.