The Centre has requested the Delhi High Court for an extension to formulate a policy regarding the online sale of medicines, citing the complexity of the issue. They emphasized that any alteration in the method of drug sales would carry significant implications.
The High Court has granted the Union Ministry of Health and Family Welfare a final period of four months to devise a policy regarding the online sale of medicines.
A bench consisting of Acting Chief Justice Manmohan and Justice Manmeet PS Arora emphasized that if the draft policy regarding online sale of medicines is not prepared before the next date of hearing, the court will have no choice but to proceed with the matter accordingly.
The High Court, amidst hearing multiple petitions seeking to prohibit the "illegal" online sale of drugs and contesting the draft rules published by the ministry to amend the Drugs and Cosmetics Rules, has scheduled the matter for further hearing on July 8th.
Earlier, the High Court had requested the Center submit a status report on the petitions. In the recent hearing, the joint secretary of the ministry appeared in court as per the bench's order from November last year. During that hearing, the bench noted that over five years had passed, indicating that the Union of India had ample time to formulate the policy.
The officer requested an additional four months to develop the policy for online drug sales in accordance with the draft notification dated August 28, 2018. The central government emphasized the complexity of the issue, highlighting that altering the method of drug sales would have extensive implications. They noted that such modifications would necessitate amendments to various other Acts and rules, including but not limited to 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.
Challenging the August 2018 notification, the petitioner, South Chemists and Distributors Association, has argued that the draft rules are being advanced in a "serious violation" of the law, disregarding the health risks associated with the online sale of medicines without adequate regulations.
Petitioner Zaheer Ahmed has requested contempt action against e-pharmacies for persisting in selling drugs online despite a high court order halting such activities.
The High Court, during the hearing of Ahmed's PIL on December 12, 2018, had temporarily prohibited the sale of drugs without a license by online pharmacies.
The petition additionally requested contempt action against the central government for purportedly failing to take action against the e-pharmacies in violation of the court's orders. Certain e-pharmacies had previously informed the high court that they do not necessitate a license for online sales of drugs and prescription medications, asserting that they merely deliver medications similar to the food delivery app Swiggy. Previously, the court had summoned responses from the Centre, Delhi government, Central Drugs Standard Control Organisation, and the Pharmacy Council of India regarding the petition.
The petitioner asserted that the "unlawful" online sale of medicines could precipitate a "drug epidemic," contributing to drug abuse and the misuse of habit-forming and addictive drugs. According to the Public Interest Litigation (PIL), the absence of a regulatory mechanism for monitoring online medicine sales poses a significant risk to public health and safety. This situation infringes upon people's right to a secure and healthy life as guaranteed under Article 21 of the Constitution.
The petitioner asserted that both the Ministry of Health and Family Welfare and the Central Drugs Standard Control Organisation, along with an expert committee appointed by the drug consultative committee, have already determined that the online sale of medicines violates the provisions outlined in the Drugs and Cosmetics Act, 1940, and other related laws.
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