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The All India Organisation of Chemists and Druggists (AIOCD) has again raised the issue of illegally operating e-pharmacies that continue to operate despite court orders with the Cabinet Secretary Rajiv Gauba.
Show cause notices were issued to the illegally operating e-pharmacies by the Drugs Controller General of India (DCGI) in February 2023. However, no further action has been taken against them since the notices were served. The President of India, Droupadi Murmu during the inauguration of the new building of Jharkhand High Court (HC) had also emphasized the need for justice to be delivered to the people in the true sense.
Rajiv Singhal, general secretary, AIOCD informed that despite the intervention of Union health minister Mansukh Mandaviya and the injunction issued by the Delhi HC on December 12, 2018, the illegally operating e-pharmacies are still in operation after more than 4 years 5 months.
The order from the Delhi HC clearly states that the respondents are injuncted from online sale of medicines without a license and are directed to ensure the immediate prohibition of such activities until further orders. Furthermore, in the case of South Chemists and Distributors Association versus Union of India (WP(C) 3139 of 2020), Dr PBN Prasad, then Joint Drugs Controller (JDC) (India), submitted a sworn affidavit stating that the issue of online sale of drugs was under the consideration of the Central government. It was also highlighted that there is currently no provision under the Drugs and Cosmetics (D&C) Act, 1940 and D&C Rules, 1945 for online pharmacies.
“This submission by the Central Drugs Standard Control Organisation (CDSCO) clearly indicates that there is no license for the online sale of drugs. Therefore, in accordance with the orders of the Delhi HC, online sales of medicines should be immediately ceased,” Singhal added.
According to JS Shinde, president, AIOCD, “Apart from the legal aspects, the sale of drugs over the internet has significant negative effects on public health. However, a recent status report on e-pharmacies submitted by the CDSCO on the orders of the Delhi HC reveals that there are no provisions in the D&C Act, 1940 and Rules 1945 that restrict the shipping, mailing, or door delivery of prescribed medicines.”
“This submission contradicts the earlier affidavit filed in the Delhi HC and raises concerns about the well-being of our citizens. We remain hopeful and have faith in our elected government and senior bureaucrats that they will uphold the laws of the land and protect public health. We request urgent government intervention and action to ensure the implementation of court orders and the cessation of illegal operations by e-pharmacies,” Shinde said.
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