 "Centre fails to form policy on online sale of drugs ahead of HC deadline")
The central government on Monday informed the Delhi High Court that it has not been able to frame a policy for the online sale of drugs within the stipulated deadline given to it, according to a statement by Delhi-based South Chemists and Distributors Association (SCDA).
The Delhi HC had in March this year, given the government a final opportunity to frame a policy within four months, failing which, the court had stated it would hear the matter on merits.
The hearing took place on a batch of pleas, including petitions filed by SCDA and others against the central government not taking action on e-pharmacies, among other requests.
This comes a week after the Madras High Court too, directed the central government and the Central Drugs Standard Control Organisation (CDSCO) to expedite the process of finalising a policy for the online sale of medicines and notifying it at the earliest.
The petitions were filed after the Centre came out with a draft notification for online sale of drugs in August 2018. The pleas contend that the sales of drugs and prescription medicines online is illegal and without any mandate of law.
In December 2018, the Delhi HC had passed an order stopping the online sales of medicines by e-pharmacies since the same was not permitted under the Drugs and Cosmetics Act, 1940, and the Pharmacy Act, 1948.
The ministry has since then been seeking extension of time for framing the policy in the past several hearings.
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In November 2023, the ministry again appealed requesting more time, submitting that the subject of online sale of drugs is one of complex nature and any modification in the manner of sale of drugs will have far reaching consequences and will involve changes in many acts and rules/regulations.
The court then directed that in the event the said policy is not framed within the stipulated period, the joint secretary dealing with this policy, shall be personally present in court on the next date of hearing.
The joint secretary was personally present in the hearing in March this year, when the final opportunity of framing a policy till July 2024 was given to the government.