The Aryavarth Express
Agency(New Delhi): In a recent legal development, the Delhi High Court has concurred to extend the timeline for the Central government to establish a comprehensive framework regulating the online sale of medicines, highlighting the complexity of the issue and its potential widespread impact. The Union Ministry of Health and Family Welfare was allotted an additional four months as a definitive extension to finalize the policy, with the court emphasizing that failure to present the draft policy by the next scheduled hearing would compel the court to advance the proceedings without further delay.
The bench, led by acting chief justice Manmohan and justice Manmeet P.S. Arora, has scheduled the next hearing for July 8, following their directive for the Centre to report the progress on the matter. This directive comes after acknowledging that over five years have elapsed since the initial call for a regulatory policy, indicating sufficient time has been provided to the Union of India for this purpose.
This judicial scrutiny arises from multiple petitions calling for the cessation of unlicensed and potentially unlawful online drug sales, alongside critiques of the draft rules proposed by the ministry to amend the existing Drugs and Cosmetics Rules. A significant representation during the hearing was by the joint secretary of the ministry, responding to the court’s November 2023 order, who requested the extension to address the intricacies involved in drafting a policy that would necessitate amendments across a range of related legislation and regulations.
The deliberation on this matter is rooted in concerns over the health risks posed by the unregulated sale of medicines online, emphasized by petitions such as those from the South Chemists and Distributors Association against the 2018 draft notification and from individual petitioner Zaheer Ahmed, who has specifically sought legal action against e-pharmacies violating the 2018 High Court’s order halting such sales without proper licensing.
The petitions argue that the uncontrolled distribution of medicines online jeopardizes public health and safety, potentially leading to drug abuse and misuse. They advocate for stringent regulation to ensure that the sale of medicines complies with the Drugs and Cosmetics Act 1940 and related laws, safeguarding the right to a safe and healthy life as enshrined in Article 21 of the Indian Constitution.
