In a landmark decision, the Delhi High Court has directed the Union Government to finalize a policy for regulating the online sale of drugs within a strict eight-week deadline. This significant move by the court, led by Acting Chief Justice Manmohan and Justice Mini Pushkarna, aims to address the growing concerns surrounding the unregulated online drug market.
The bench, while hearing a series of petitions seeking a ban on the online sale of drugs, emphasized the urgency of the situation. The court stated,
“If the policy on online sale of drugs is not framed within eight weeks, the Joint Secretary dealing with the subject shall remain present in court on the next date,” marking a stringent approach towards ensuring compliance.
One of the pivotal petitions was filed by Dr. Zaheer Ahmed, a Delhi-based dermatologist. Dr. Ahmed’s plea highlights the dangers of unregulated online drug sales, pointing out the potential for drug abuse and the misuse of habit-forming and addictive drugs. He argues that such practices not only put the health and life of people at risk but also infringe upon their right to a safe and healthy life under Article 21 of the Constitution of India.
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Another significant petition was moved by the South Chemists and Distributors Association, challenging the draft rules issued in August 2018 by the Union Ministry of Health and Family Welfare. The association’s plea contends that these draft rules are being advanced in “serious violation” of existing laws, neglecting the health hazards posed by the unregulated sale of medicines online.
The court’s directive comes after the Central Government’s counsel, Mr. Kirtiman Singh, acknowledged the ongoing consultations and deliberations regarding the draft notification dated August 28, 2018. The court noted,
“Mr Kirtiman Singh [Central Government Standing Counsel] states that consultation and deliberation are still going on qua the draft notification dated August 28, 2018, which relates to the online sale of drugs. This Court is of the view that as more than five years have lapsed, the Union of India has had sufficient time to frame the said policy. However, one last opportunity is granted to frame the policy in eight weeks. In the event the policy with respect to online sale of drugs is not framed, the concerned Joint Secretary dealing with the subject shall be personally present in the court on the next date of hearing.”
Additionally, the court is addressing a contempt petition seeking action against e-pharmacies that continue to operate, selling drugs online. These e-pharmacies have defended their operations, claiming that they do not require a license for the online sale of drugs and prescription medicines, comparing their services to food delivery apps like Swiggy.
This development is a critical step towards establishing a legal framework for the online sale of medicines in India. The Delhi High Court’s decision underscores the need for a regulated approach to ensure public health safety and adherence to legal standards. The matter is slated for further hearing on March 04, 2024, where the progress on the policy formulation will be reviewed.
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