The Delhi High Court has given the Central Government six weeks to inform it of the results of consultations and deliberations with stakeholders on draft rules to regulate e-pharmacies.
A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing petitions seeking a ban on “illegal” online drug sales and challenging the Ministry of Health and Family Welfare’s draft rules to amend the Drugs and Cosmetics Rules.
The bench made it clear that the pendency of these cases will not prevent the Central Government from taking action against those who are violating the court’s December 12, 2018 interim order prohibiting online pharmacies from selling drugs without a license.
The bench further noted that the Union of India has not yet finalized the draft notification of August 2018 and that it is pending for consultation and deliberation after reviewing the latest status report filed by the Centre.
“The Union of India is granted six weeks’ time to inform the outcome of the consultations and deliberations and also to inform the final stand taken by the Union of India in the matter. List on August 28, 2023. It is made clear that the pendency of the present matters will not come in the way of the Union of India in taking action against the persons who are violating the interim order dated December 12, 2018,” the bench stated.
With its August 28, 2018 notification, the Ministry of Health and Family Welfare issued the draft amendment to the Rules, 1945 for the inclusion of rules to regulate online drug sales and invited objections and suggestions from all stakeholders to be considered by the Central government.
Following that, the draft rules may be finalized for publication in the official Gazette based on the comments/suggestions received, the ministry stated in the status report.
It stated that the petitioners have made representation to authorities, which are being considered.
It also stated that the authorities had received numerous representations on the draft rules from various stakeholders, with the majority of them opposing the draft rules on online drug sales.
The draft notification is still pending consultations and deliberations, and the Central Drugs Standard Control Organization (CDSCO) is considering holding new stakeholder consultations with various associations or affected parties.
The status report was filed on petitions seeking a ban on “illegal” sale of drugs online.
South Chemists and Distributors Association, the petitioner association that has challenged the ministry’s August 2018 notification, claims that the draft rules are being pushed through in serious violation of the law, ignoring the health hazards caused by the sale of medicines online without proper regulations.
Petitioner Zaheer Ahmed has filed a contempt action against e-pharmacies for continuing to sell drugs online in defiance of a high court order prohibiting such activity.
The petition also seeks contempt of court action against the central government for allegedly failing to take action against defaulting e-pharmacies.
