LI Network
Published on: November 16, 2023 at 15:50 IST
The Delhi High Court has issued a directive to the Central government to establish a policy concerning the online sale of medicines within the next eight weeks.
Acting Chief Justice Manmohan and Justice Mini Pushkarna, comprising the Division Bench, emphasized that this is the final opportunity for the Central government to present a policy, considering the case has been pending for five years.
In the event of non-compliance with this order, the concerned Joint Secretary will be required to appear personally in the court during the next hearing, as stated by the Court.
“Mr Kirtiman Singh [Central Government Standing Counsel] states that consultation and deliberation are still going on qua the raft 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,” reads the Court’s order.
The Court issued this order while addressing a series of petitions seeking a ban on the illicit online sale of drugs. The petitions also contested the draft rules published by the Union Ministry of Health and Family Welfare, proposing amendments to the Drugs and Cosmetics Rules.
In December 2018, the High Court had issued an order halting the online sale of drugs, citing violations of the Drugs and Cosmetics Act, 1940, and the Pharmacy Act, 1948. A similar matter had arisen before the Madras High Court in 2018.
Additionally, the Delhi High Court is handling a contempt petition seeking action against e-pharmacies for persisting in the online sale of drugs. The petition also calls for action against the Central government for failing to take corrective measures against defaulting e-pharmacies despite the Court’s directives.
E-pharmacies have argued before the Court that they do not require a license for the online sale of drugs and prescription medications, comparing their service to the delivery model of food through apps like Swiggy.
