Case Related To Delay In Notifying Online Pharmacy Rules To Come Up At Patna HC

Aug 19, 2019 Mumbai:

This is with reference to a writ petition filed by Mahendra Ray versus the Government of India for delay in implementing online pharmacy regulation despite framing the draft rules followed with a gazette notification on August 28, 2018 for a stakeholder review.

Patna HC has therefore directed the Union Health Secretary to inform why the draft rules remains in the draft situation and what is the impediment in giving it a final shape.

The case is being adjudicated by Advocate Saket Tiwary on behalf of the petitioner and Additional Solicitor General S D Sanjay on behalf of the respondent.

As per the recent directive of Patna HC, although the Draft rules to amend the Drugs and Cosmetics (D&C) Rules, 1945 framed under the D&C Act, 1940 was published on August 28, 2018 bringing about certain amendments and objections and was to be disposed within 45 days of publication of such rules in the Gazette which was done on August 28, 2018 itself.

“Despite this, a lapse of almost a year since such publication yet the Union health ministry has shown no inclination of attaching finality to such rules. The court already noted the grievance of the petitioner in order dated July 17, 2019,” the order stated.

The court had earlier observed and directed stating, “We had granted time to learned additional solicitor general to ascertain the cause for such delay but no affidavit has been filed and it is informed by Patna HC on July 31, 2019 to Rajesh Kumar Verma, learned Assistant Solicitor General that the matter is yet pending consideration before the union health ministry. While the gazette publication in reference requires the amendment rules to be finalised within 45 days of its publication, we fail to appreciate the laches of the concerned officials in the union health ministry in publication of the final draft.”

The All India Organisation of Chemists and Druggists (AIOCD) in a recent meeting with Union commerce ministry discussed the draft e-pharmacy policy and raised issues like predatory pricing and other issues like aggregator's role in online pharmacy not being clearly defined and the existing cash on delivery mechanism in online prescription drugs sale.

The meeting was called by the Union commerce ministry to deliberate on AIOCD memorandum on online pharmacy submitted to the government. Pharmabiz