The order was passed by a bench comprising Chief Justice Rajendra Menon and Justice V K Rao while acting on a PIL filed by Delhi-based dermatologist Zaheer Ahmed.
The
Delhi High Court on Wednesday ordered a ban on sale of online
medicines by online
pharmacists across the country, according to a report by The
Times of India. The HC has asked the Centre and the AAP government to
immediately implement the order.
The
order was passed by a bench comprising Chief Justice Rajendra Menon
and Justice V K Rao while acting on a PIL filed by Delhi-based
dermatologist Zaheer Ahmed. He complained that several thousands of
medicines were sold with regulation everyday which posed a huge risk
to patients and doctors equally.
He
also pointed out in his PIL that online sale of medicines is not
permitted under the Drugs and Cosmetocs Act 1940 and Pharmacy Act,
1948. He also highlighted that even though the Drug Controller
EGneral of India in 2015 had directed all state controllers to
protect the interest of public health by curbing online sale, several
thousands of medicines continued to be sold online, often without a
prescription. This violate the citizen's Right to Life guranteed
under Article 21 of the Constitution.
The
petition also claims that sale of drugs through e-pharmacies
increase the risk of self-medication wwithout prescription as well as
sale of psychotropic substances.
According
to Bar and Bench, earlier this year, the Madras High Court had
granted an injunction restraining the unlicensed sale of medicines
and drugs online, in a plea moved by Tamil Nadu Chemists and
Druggists Association (TNCDA).
The
PIL says that Centre is well aware of the risks involved in sale of
medicines on internet as a panel set up by it had cautioned it about
the same as late as September.
Centre
establishing legal framework to regulate online
sale of medicines
The
Drugs and Cosmetics Act, 1940, governs sale of medicines in India.
Medicines can be sold from licensed premises only. The Act does not
cover e-pharmacies at present and the government had decided to
appoint a sub-committee, after receiving complaints of violations.
While
the domestic pharmaceutical market size is around Rs 1.25 trillion,
e-pharmacies constitute a minuscule portion of it. The collective
sales are estimated to be around Rs 2 billion annually.
Under
the proposed rules, individuals or companies will have to register
with the central licensing authority to run an e-pharmacy; state-wide
registration is not required.
According
to the rules, the e-pharmacy registration holder shall inform the
central licensing authority regarding changes in constitution of the
firm. A fresh registration will be required in the case of such
changes and existing registration will be valid only for three
months, it added. The e-pharmacy will have to mention on the website
its constitution, details of directors and partners, name of
logistics service provider, and return policy for dispensed drugs.
Sources
say brick-and-mortar chemists, too, have to inform about changes in
their constitution to the licensing authority, but there is no
requirement for them to display directors' names and shareholding
details on their premises.
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