Dimapur, July 7 (MExN): Expressing concern over the health and well being of citizens, the Gujarat High Court on July 5 issued notice on a writ petition against online sale of medicines and scheduled drugs. It directed the Central and State Governments along with E-Pharmacy companies to file appropriate affidavits regarding the contentions made in the petition.
Informing this in a press release on Thursday, the Nagaland Medical Dealers Association (NMDA) stated that among others, the petitioner had submitted that online sale of medicines and scheduled drugs has serious consequences on public health and that the websites selling the drugs and prescription medicines do not have licenses as required under Section 18 of the Drugs and Cosmetic Act, 1940 read with Rule 61 and 62 of the Drugs Rules, 1945.
It argued that prescriptions, through the E-Pharmacy companies, are generate on the basis on ‘skeletal discussion’ on the phone, and the identity of the doctor is also not known.
According to the release, the petition submitted that such prescriptions have no sanctity in the eyes of law and action needs to be taken by National Medical Commission (formerly Medical Council of India) against the doctors who provide prescriptions which are not genuine. It was also submitted that it is even not known that such medical professionals have the specialized qualification to prescribe the drugs on their letterhead, it added.
It went on to state that certain scheduled drugs are also dispensed by the online pharmacies without any prescription and are easily accessible even by children below the age of 18 years. It further submitted that the provision with regard to issuance of license to the e-pharmacy firms also does not satisfy as there is no such provision mentioned in the Act.
In this connection, it said that Delhi High Court in 2018 issued a stay order on online sale of medicines without license and the order was upheld again in 2019; however, despite this, ‘the online pharmacies continue to mushroom and prosper with the backing of corporate funding and support from the Government, leading to severe ill effects on the health of our citizens.’ Till date, no license has been prescribed to sell medicines online and all online pharmacies are operating in illegal area, it contended.
The NMDA release meanwhile stated that the All India Organisation of Chemists & Druggists has been regularly corresponding with the Government to implement the order of the Delhi High Court and stop the unlawful activity and abuse of law by the E-Pharmacies for the sake of the health of citizens.
