Frame Policy On Online Sale Of Drugs Within Eight Weeks, Else Joint Secretary Should Appear: Delhi High Court To Centre

The Delhi High Court on Thursday directed the Union Government to frame within eight weeks the policy to regulate online sale of drugs or medicines.

A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna said that if the policy is not framed within the stipulated time, the concerned Joint Secretary dealing with the subject shall remain present in court on the next date of hearing.

“If the policy on online sale of drugs is not framed within eight weeks, the Joint Secretary dealing with the subject shall remain present in court on the next date,” the court said while listing the matter for hearing on March 04, 2024.

The bench was hearing a bunch of pleas seeking a ban on online sale of drugs. The petitions also challenged the draft rules published by the Union Ministry of Health and Family Welfare and to further amend the Drugs and Cosmetics Rules.

In August, the Union Government told court thar consultations and deliberations were still on-going qua the draft notification published on August 28, 2018, relating to the online sale of drugs.

In the interim, the court had directed the Centre and the Delhi Government to take necessary action in respect of persons engaging in online sale of drugs without a valid license.

One of the petitions have been filed by Delhi-based dermatologist Zaheer Ahmed seeking ban on online sale of drugs. The plea contends that the “illegal” sale of medicines on the internet could lead to drug abuse and mis-utilisation of habit forming and addictive drugs.

Ahmed has also submitted that easy availability of drugs online, without any checks on such e-pharmacies, puts the health and life of people at great risk, and affects their right to a safe and healthy life under Article 21 of the Constitution of India.

Another petition has been moved by South Chemists and Distributors Association challenging the August 2018 notification. The plea contends that the draft rules are being pushed through in "serious violation" of the law, ignoring the health hazards caused due to sale of medicines online without proper regulations.

Title: DR ZAHEER AHMED v. PREETI SUDAN SECRETARY,UNION OF INDIA & ORS and other connected matters

Citation: 2023 LiveLaw (Del) 1125