PIL For Framing Of Rules For Doctors To Prescribe Generic Medicines: Gujarat High Court Issues Notice To NMC

While hearing a Public Interest Litigation (PIL) plea filed in 2016 seeking the formation of rules for doctors to prescribe generic names of drugs/medicines, the Gujarat High Court today asked the PIL petitioner to serve notice to the National Medical Council (NMC).

During the course of the hearing in the matter, initially, the bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri said that the matter lies in the domain of the executive, however, noting that in June 2019, the Medical Council Of India (MCI) had been asked to file a reply in the matter, the Court went ahead to issue notice to the NMC, the body which replaced the MCI in 2019.

The PIL plea moved by one Anang Manubhai Shah through Advocate Bhavik Samani prays that the doctors must be asked to prescribe generic medicines and that a patient must have the option to choose from different brands manufacturing the said medicine having the same composition but with different names. 

"The public at large is affected because of the doctors writing the brand name rather than writing the generic name," Advocate Samani argued.

To this, Chief Justice Aravind Kumar Said: "If it is a case of paracetamol, it can be agreed but there are certain drugs which we can not even spell. If the doctors start writing the composition (of the drugs)... neither you will understand, nor the person who sells it will understand."

To this, the Counsel submitted: "In European Countries, there is a practice that the doctors prescribe the composition of the medicine, and the pharmacist will give me the options of the brands he has."

At this point, CJ Aravind Kumar Said: "We are not Europe. India is considered to be the best as far as healthy industry is considered. So don't compare Mr. Counsel...This is an area that the executive will look into." To this, Counsel added that he wasn't comparing India with Europe.

#GujaratHighCourt | PIL plea for a direction to the National Medical Commission to frame rules for doctors to prescribe generic names of medicines, not brand names.

CJI: We can't enter into executive's domain. It is a policy decision. For everything, courts are not the answer. pic.twitter.com/2GFPykBZP4

— Live Law (@LiveLawIndia) January 12, 2023

However, later on, when the Court asked if the MCI had filed a reply in the matter, the Petitioner's counsel submitted that the Medical Council Of India was a respondent in this case (PIL plea filed in 2016) earlier, but now the National Medical Commission has taken the place of MCI, and its name had been added as the proposed respondent in the PIL plea, however, it has not been notified.

In view of this, the Court asked the petitioner's counsel to serve notice to the NMC and posted the matter for hearing on January 30.

It may be noted that hearing this matter on June 17, 2019, the bench of Justice SR Brahmbhatt and Justice AP Thaker had issued notice to MCI directing it to file its reply clarifying what steps have been taken by it to encourage and implement its policy related to generic medicines.

Case title - ANANG MANUBHAI SHAH vs. UNION OF INDIA