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– Photo: Amar Ujala
Expansion
The Delhi High Court has sought response from the Central Government on a demand to ban illegal online sale of medicines. A bench of Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad also adjourned the hearing to May 22.
The counsel for the Center told the bench that the proposal to frame rules to regulate e-pharmacy is under discussion, some more time may be given. The bench again granted him time. The counsel for the petitioner said that since five-six years the rules are being framed, but no concrete work has been done so far.
The Court is hearing petitions challenging the draft rules published by the Ministry of Health and Family Welfare to amend the Drugs and Cosmetics Rules, seeking to ban online illegal sale of drugs. Challenging the August 2018 notification of the ministry, the petitioner association ‘South Chemists and Distributors Association’ said that the draft rules were being published in grave violation of the law. It said that without proper regulation, the health hazard posed by online sale of medicines is being ignored.
Petitioner Zaheer Ahmed has filed a contempt petition against ‘e-Pharmacy’ for continuing to sell medicines online in lieu of a ban on such activity despite the High Court’s order. They have also sought contempt action against the Center for allegedly not taking any action against the defaulting e-farmers. On December 12, 2018, the court banned the sale of medicines by online pharmacies without a license.
However, some e-pharmacies had earlier told the court that they do not need a license to sell medicines and prescription drugs online as they do not sell them to them. Instead it supplies only medicines like ‘food delivery app Swiggy’.
The counsel for the Center told the bench that the proposal to frame rules to regulate e-pharmacy is under discussion, some more time may be given. The bench again granted him time.
