|
 The Retail Distribution Chemist Alliance (RDCA), a prominent body representing thousands of retail chemists in Delhi, has appealed to the Chief Minister, Rekha Gupta, for her immediate intervention regarding two recent directives that they claim are causing significant distress and economic hardship to the pharma trade sector.
In a letter sent to the CM by president of the RDCA, Sandeep Nangia, the association has raised strong objections to the mandatory enrolment of pharmacies under the Health Facility Registry (HFR) of the Ayushman Bharat Digital Mission (ABDM) and a separate order mandating CCTV installation in pharmacies in South Delhi.
The traders' body argues that both directives are legally unsupported, discriminatory, and a major burden on small businesses.
The first point of contention is a letter from the State Programme Officer, ABDM, State Health Agency in Delhi, dated August 20, 2025, which directed the mandatory enrolment of pharmacies in the HFR.
The RDCA says that they support the long-term vision of a digital health mission but firmly contends that there is no provision in the existing Drugs and Cosmetics Act, 1940, or the Pharmacy Act, 1948, that mandates such a requirement. The alliance highlights that licensed chemists are already fully regulated under existing laws and that any additional compliance should be imposed only through a proper legal notification or amendment, not an administrative letter. The letter also points out the lack of stakeholder consultation, awareness programs, or training sessions before the directive was issued.
Furthermore, the RDCA accuses the government of a discriminatory approach, noting that similar mandatory directions have not been imposed on other healthcare sectors like hospitals, clinics, doctors, or even online players and food delivery platforms that also sell medicines. This creates an uneven playing field and disproportionately burdens the retail chemists. The alliance has urged the Chief Minister to clarify that HFR enrolment for pharmacies remains voluntary until it is backed by a proper statutory mandate.
The second major issue raised by the RDCA is an order from the District Magistrate (South) dated August 18, 2025, mandating CCTV installation in all pharmacies within the district. The chemists’ body has labelled this order as arbitrary and a violation of fundamental rights. They argue that applying the order to only one district, and not others, is a clear violation of Article 14 of the Constitution, which guarantees the right to equality. More importantly, the RDCA raises serious concerns about patient privacy, stating that prescriptions and sensitive patient health details could be recorded, thereby breaching the fundamental right to privacy under Article 21.
The chemist body's letter also points out the lack of jurisdiction of the District Magistrate to issue such an order, as the regulation of pharmacies falls under the purview of the Drugs and Cosmetics Act, 1940. Adding to the list of grievances, the directive provides no clear guidelines on the number of cameras, storage requirements, or access safeguards, leaving chemists in a state of confusion. The economic hardship is also a significant concern, with thousands of small chemists unable to afford the additional expenses without any financial support. The alliance also drew a comparison, noting that while honest chemists are being burdened with these regulations, illegal online pharmacies and food delivery apps continue to sell medicines openly without any effective action taken against them.
To address these issues, the RDCA has put forth a series of requests to the Chief Minister. They have asked for the HFR enrolment to be confirmed as voluntary unless a statutory provision is created, and for the CCTV order to be withdrawn or held in abeyance until uniform, legally sound, state-level guidelines can be framed. The alliance has also called for equal and consistent regulation across all sectors, including hospitals, clinics, online sellers, and food delivery platforms. Finally, they have requested a joint consultation meeting with all stakeholders before any new compliance requirements are imposed and for financial and technical assistance to be provided to small chemists to ensure their livelihoods are not endangered by such directives.
Sandeep Nangia, in his letter said that the association is committed to working with the government on progressive reforms but stressed that they cannot accept directives issued without legal backing, proper consultation, and in a manner that disproportionately burdens small pharmacies.
|