HC Seeks Centre, Delhi Govt Reply On Plea Against Sale Of Drugs Without Prescription

New Delhi, 5 April 2019: The Delhi High Court has sought response from the Centre on a PIL seeking action against "uncontrolled, unwanted and unguided" use of drugs, not permitted to be purchased over-the-counter without a doctor's prescription. A bench comprising Chief Justice Rajendra Menon and Justice A J Bhambhani issued notice to the Centre, the Delhi government and the Directorate of Health Services (DHS) over the uncontrolled use of drugs mentioned under the schedules of Drugs and Cosmetics Act.

The Drugs and Cosmetics Act, 1940 and Rule 65 of Drugs and Cosmetic Rules, 1945 list the manufacture and sale of all drugs which cannot be purchased over-the-counter without the prescription of a qualified doctor.

The bench was hearing a PIL filed by Anterrashtriya Upbhokta Kalyan Samiti, which sought direction to the authorities to check that the policy of state in the matter are strictly observed by all so that "uncontrolled" and "excess" use of antibiotics and other drugs is controlled and the health of general public is not adversely affected.

"For long time it has been observed that the shopkeepers dealing in retail sale of medicines, are selling antibiotics and medicines mentioned in Schedule H and H1 of The Drugs and Cosmetics Act, 1940, without the prescription and supervision of registered pharmacist", said the plea, filed through advocates Kailash Sharma and Nishi Jain.

"Various research and the opinion of doctors reveal that uncontrolled and excessive use of these drugs is seriously injurious to public health and these drugs are to be administered on the advice of medical practitioners only, who will decide the quantity of the drugs to be taken by patient," it said.

It also said that because of easy availability and lack of awareness, India is the largest consumer of antibiotics, being sold without "any control" or "care".

"In India the uncontrolled sale of these drugs is perhaps due to poor public health infrastructure, a high burden of disease and unregulated and uncontrolled sale of antibiotics," the plea said. PTI