New Delhi (Agency): The Delhi High Court has ordered both the Central Government of India and the Delhi city government to act against those involved in the online sale of drugs without proper licensing. The ruling comes as a significant move to regulate the burgeoning e-pharmacy sector.
A bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula granted the Centre six weeks to take the necessary steps and inform the court about its final decision on the “illegal” sale of drugs online. The matter will be taken up for further hearing on November 16.
The high court’s directive comes amid ongoing consultations about a draft notification concerning online drug sales. The Union of India and the State Government have been directed “to take necessary action, in accordance with law, in respect of persons acting in violation of the interim order dated December 12, 2018, that is, engaging in online sale of drugs without a valid license,” according to the bench.
The court had earlier requested a status report from the Centre on petitions that called for a ban on unregulated online drug sales. The petitions also challenged the draft rules proposed by the Ministry of Health and Family Welfare to update the Drugs and Cosmetics Rules.
Two key petitioners in this case are the South Chemists and Distributors Association, and an individual named Zaheer Ahmed. They have accused the central government and e-pharmacies of acting in “serious violation” of the law. Specifically, they argue that the online sale of medicines poses significant health risks due to the lack of proper regulation.
Some online pharmacies had earlier argued that they did not require a license for online sales as they merely deliver the medications, drawing a parallel with food delivery services like Swiggy. However, the court has previously stayed such sales without proper licenses as of December 2018.
The petitioners claim that the “illegal” sale of drugs online could lead to drug abuse, misuse of habit-forming medications, and even a “drug epidemic.” They argue that the lack of regulatory oversight compromises the safety and health of people, thus violating their right to a safe and healthy life as stipulated under Article 21 of the Indian Constitution.
Moreover, the plea states that unregulated and unlicensed sale increases the risk of distributing spurious, misbranded, and sub-standard drugs. Some of these drugs may contain narcotic and psychotropic substances, and some can contribute to antibiotic-resistant bacteria, posing a large-scale risk to public health.
“It is a matter of public knowledge that e-commerce websites have been caught on numerous occasions selling fake products,” the petitioners noted, emphasizing the grave risks of unregulated drug sales, especially to children who have access to the internet.
With this directive, the Delhi High Court aims to tighten regulations on online drug sales, thereby ensuring safer healthcare practices in India.
