Apex Court issues Notice to Central Government over PIL against Pharma Companies for giving Freebies to Doctors

Supreme Court Law Insider

Tanvi Pilane

Published on: March 14, 2022 at 11:14 IST

A Notice was issued by the Supreme Court to the Central Government on Friday on the basis of a Public Interest Litigation (PIL) Petition filed in the Court seeking to make Pharmaceutical Companies liable for giving Freebies to Doctors as an incentive to prescribe their Drugs.

The plea, which was filed by the Federation of Medical & Sales Representatives Association of India sought to give statutory backing to the Uniform Code of Pharmaceutical Marketing Practices (UCPMP).

The advocate for the Petitioner, Sanjay Parikh called attention to the instance of the excessive sale of Remdesivir during Covid-19 as an example.

The Bench comprising of Judges DY Chandrachud and Surya Kant issued the notice to the Central Government returnable in six weeks as they wanted to hear the Government’s side as well.

The Public Interest Litigation (PIL) which was filed by Advocate Aparna Bhat contended that it is essential that Pharmaceutical Companies adhere to ethical marketing practices as the Right to health is a part of the Right to Life

The Plea stated that in the absence of any statutory backing for the Uniform Code of Pharmaceutical Marketing Practices (UCPMP), which is a voluntary set of rules for the sector, there is no regulation that prohibits such practices.

It was also submitted by the Petitioner that despite India being a signatory to the United Nations Convention against Corruption, the corruption in Pharmaceutical marketing practices is unregulated in India.

The Petitioner contended that the potency of such drugs poses a danger to the health and life of people. It was also pointed out that pharmaceutical companies walk away scot-free even as doctors are penalized for the misconduct facilitated by them.

Thus, the Petitioner, in the Petition sought for a ‘Monitoring Mechanism, Transparency, Accountability as well as Consequences of Violations’ by giving the Uniform Code of Pharmaceutical Marketing Practices (UCPMP) statutory basis.

It was prayed that the Apex Court make the Uniform Code of Pharmaceutical Marketing Practices (UCPMP) binding or issue such guidelines as it sees fit.

Also read:

Uniform Code of Pharmaceutical Marketing Practices (UCPMP)

How to draft a Public Interest Litigation in Supreme Court?

United Nations Convention against Corruption

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