The Delhi High Court has given six weeks to notify the Center of the results of stakeholder consultations and deliberations on the draft regulations regulating electronic pharmacies.
The court was hearing an appeal seeking a ban on the “illegal” sale of medicines online and an appeal challenging draft regulations issued by the Ministry of Health and Family Welfare to further amend the Medicines and Cosmetics Regulations.
The Tribunal of Chief Justices Satish Chandra Sharma and Justice Subramonium Prasad ruled that these issues would remain pending as the central government takes action against those who violated the Court’s December 12, 2018 interim injunction. He made it clear that he wouldn’t get in the way. Sale of unauthorized medicines by online pharmacies.
Perusing the latest status report filed by the Center, the court stated that the Indian Union had not yet finalized the August 2018 draft notice, pending consultation and deliberation. bottom.
“The Union of India has been given six weeks to inform the outcome of the consultations and deliberations and to inform the final position taken by the Union of India on this matter. Listed on 28 August 2023. It has become clear that the dispute in this case does not prevent the Indian Union from taking action against those who violated the interim order dated 12 December 2018,” the court said. Said.
The Department of Health and Family Welfare, with reference to a notice dated August 28, 2018, issued a draft rule change for 1945 to include rules regulating the online sale of medicines, calling on all interested parties to oppose and propose was asked to consider. central government.
The draft regulations may then be finalized for publication in the Gazette after due consideration, based on the comments/suggestions received, the ministry said in its status report.
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The paper said the petitioners had given powers of attorney to the authorities under consideration.
“Considering the facts and circumstances of the many concerns raised against the draft notification … it is necessary to take into account the comments received from various stakeholders and this issue warrants further consideration. ‘ said the report. .
The agency also said it had received numerous representations about the draft rules from various stakeholders, most of whom opposed the draft rules for online sales of drugs.
The report said the draft notice was pending consultation and deliberation, and CDSCO was considering consulting with various bodies and affected parties and new stakeholders. Stated.
This status report was filed in response to a petition seeking a ban on the “illegal” sale of drugs online.
The South Chemists and Distributors Association, a petitioning group challenging the department’s August 2018 notice, said the draft rule ignores the health hazards caused by the online sale of medicines without proper regulation, and has serious legal consequences. It said it was being forced to vote for violations.
Petitioner Zahir Ahmed is seeking contempt against e-pharmacies for continuing to sell drugs online despite a High Court order.
The petition also seeks a contempt suit against the central government for failing to take any action against defaulting e-pharmacies.
On December 12, 2018, the High Court suspended unauthorized drug sales by online pharmacies while Mr. Ahmed’s PIL was pending.
Some e-pharmacies previously told the High Court that they do not sell drugs or prescription drugs themselves, but only deliver drugs similar to the food delivery app Swiggy. It said it didn’t need a license to sell online.
Just as Swiggy doesn’t need a restaurant license to deliver food, it doesn’t need a license to deliver medicines to customers who buy them online, the e-pharmacy told the court.
The submission was filed during a trial on an appeals court seeking contempt for an e-pharmacy that stopped selling drugs online despite a High Court order.
The court had earlier requested responses to the petition from the Center, the Delhi Government, CDSCO and the Indian Pharmacy Council.
Petitioners said the “illegal” sale of medicines online led to a “drug epidemic,” drug abuse, and abuse of habit-forming and addictive drugs.
PIL said the lack of mechanisms to control online sales of medicines puts people’s health and lives at high risk and affects their right to a safe and healthy life under Article 21 of the Constitution.
“Online pharmacies operate without pharmaceutical licenses and cannot be regulated under the current system. will increase,” the petition filed.
An expert panel appointed by the Ministry of Health and Family Welfare, the Central Drug Standards Control Organization, and the Drug Advisory Board has already concluded that the online sale of drugs violates the provisions of the Pharmaceuticals and Cosmetics Act 1940 and other relevant statutes. claimed to have it. law.
The report said there are still hundreds of thousands of drugs sold on the Internet every day, some of which include narcotics and psychotropic drugs, some of which pose a threat not only to patients but to humanity as a whole. It can cause some antibiotic-resistant bacteria, he added. .
“It is no secret that e-commerce websites have been caught selling counterfeit goods time and time again. Dosing or ingesting counterfeit drugs can have fatal consequences for patients.” said.
Many children are on the internet and could fall victim to the wrong medication, he added.