Delhi HC asks for Govt response in plea to curb online sale of drugs [Read Petition]

The Delhi High Court has directed the Central Government and the State Government to file a reply in a plea against the online sale of drugs and medicines..Chief Justice Rajendra Menon directed the same in a PIL filed by Dr. Zaheer Ahmed, who is represented by Senior Advocate Arvind Nigam and Advocate Nakul Mohta..The petition points out that unregulated online sale of drugs and pharmaceuticals stand in violation of the Drugs and Cosmetics Act, 1940, the Drugs and Cosmetics Rules, 1945, the Pharmacy Act, 1948, the Narcotic Drug and Psychotropic Substances Act, 1985, the Pharmacy Practice Regulations, 2015, the Indian Medical Act, 1956 and the Medical Council of India Code of Ethics Regulations, 2002..In light of the same, in December 2015 the Drug Controller General of India instructed all Drug Controllers to put a strict vigil against such online sale and act against those indulging in it. Earlier that year, the Drug Technical Advisory Board had already concluded that the online sale of medicines is illegal and not permissible..Further, in September 2016, the Sub Committee appointed by the Drugs Consultative Committee concluded that under the present regulatory regime, the online sale of medicines poses risks to public health. It also opined that legal amendments would be required before such sale could be permitted..Moreover, in March 2017, the Minister of State (Health & Family Welfare) also clarified that e-pharmacies which do not meet the requirements of the Drugs and Cosmetics Rules, 1945, are not permitted, in response to questions raised in the Rajya Sabha..All the same, the petition makes note that these measures have done little to curb the online illegal sale of medicines on the internet. The Government has also not initiated strong measures against such sale, the petition contends. It goes on to argue that if such online sale is not stopped forthwith, the country would become a hub for drug abuse and drug resistance diseases, which could even lead to an epidemic..Therefore, Dr. Ahmed has prayed that the Court issue the following directions to the Government so that they initiate action, including criminal prosecution, against those involved in the sale and distribution of medicines on the internet, constitute an expert committee to gauge the number of sites involved in such activity and block websites enabling the same..In October 2015, the Bombay High Court had also directed the Maharashtra Government to take necessary steps to prevent the unauthorized online sale and purchase of medicines. Status reports in this regard have been filed between 2015 and 2017..Earlier this month, Justice Vibhu Bakru of Delhi High Court also issued notice in a petition by the South Chemists & Distributors Association calling for a ban on such online sale of medicines and posted the matter to be heard next in February 2019..Read the Petition: