Online sale of medicines: Delhi HC grants last opportunity- 4 month deadline to Centre to frame policy
Delhi High Court
New Delhi: The Centre has urged the Delhi High Court for a grant of some time to craft a comprehensive policy on the sale of medicines online, citing its complexity and the potentially profound consequences of any modifications.
In response, the high court has granted the Union Ministry of Health and Family Welfare a crucial four-month time to frame the policy.
A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora 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 high court, which has been deliberating on several petitions calling for a ban on what they term "illegal" online drug sales and challenging the draft rules published by the ministry to amend the Drugs and Cosmetics Rules, listed the matter for further hearing on July 8.
Previously, the court had requested the Centre to submit a status report on the petitions.
During the recent hearing, a joint secretary of the ministry appeared before the court, following a previous order from November in which the bench, observed that the duration of more than five years had lapsed and the Union of India has had enough time to frame the policy.
The officer, however, sought an additional four months to frame the policy for the sale of medicine online as per the draft notification of August 28, 2018.
The complexity of the issue was highlighted by the central government, it said this will involve changes in many other Acts and rules apart from the Drugs and Cosmetics Act, Pharmacy Act, Pharmacy Practice Regulations, Indian Medical Act, Code of Ethics Regulations and the Drugs and Magic Remedies (Objectionable Advertisement) Act.
Giving a challenge to the August 2018 notification, the petitioner, South Chemists and Distributors Association has said that the draft rules are being pushed through in serious violation of the law. He said they ignored the health risks associated with online medicine sales without proper regulations.
The contempt action has been sought by another Petitioner Zaheer Ahmed against the e-pharmacies which continue to sell drugs despite online a order from the high court staying such activity.
The court had previously intervened on December 12, 2018, by staying the sale of drugs without licenses by online pharmacies, in response to Ahmed's PIL. The petition also called for contempt action against the central government for its alleged failure to take action against defaulting pharmacies.
Previously, certain e-pharmacies informed the high court that they do not necessitate licenses for the online sale of drugs and prescription medications. They asserted that they do not engage in the sale of these products; rather, they merely facilitate the delivery of medications, drawing a comparison to the operations of food delivery platforms like Swiggy.
The court had earlier sought responses from various authorities, including the Centre, the Delhi government, the Central Drugs Standard Control Organisation, and the Pharmacy Council of India, to address the petition.
The petitioner had voiced concerns about the potential for a "drug epidemic", drug abuse and misutilisation of habit-forming and addictive drugs due to illegal online sales of medicine, citing the absence of mechanisms to control such activities puts health and lives of people at a high risk and affects their right to a safe and healthy life under Article 21 of the Constitution.
They have also pointed to conclusions from the Ministry of Health and Family Welfare, the Central Drugs Standard Control Organisation, and an expert committee, all of which suggest that online medicine sales contravene existing laws and regulations.
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