The Supreme Court on Monday sought Centre's response in a plea for direction to frame a uniform code of pharmaceutical marketing practices for regulating "unethical practices" by Pharma Companies.
The bench of Justices DY Chandrachud and Surya Kant while granting 8 weeks time for the Centre to file their counter in their order said, "ASG KM Nataraj appears for the Respondent. Time for filing a counter affidavit is granted and be filed within a period of 8 weeks."
In the hearing today, appearing for the the petitioner(Federation of Medical and Sales Representatives), Senior Advocate Sanjay Parkih urged the bench to direct the respondent to file a counter affidavit.
"They must file a reply because the issue is very very important. Whether they want to have it voluntary or statutory, they must make it clear," Senior Counsel further submitted.
Acceding to the Senior Counsel's request, the bench while granting 8 weeks to the Union to file its reply said, "It should be a considered one and not a normal reply."
On March 11, 2022, the bench had issued notice in the petition which was filed alleging pharmaceutical companies bribing doctors to bring business as well as prescribe excessive or irrational drugs and push for high cost over priced brands.
The Federation in the petition had also urged the Court to lay down the guidelines to control and regulate unethical marketing practices by pharmaceutical companies.
In the alternative, relief for making the existing Code binding with such modifications/additions as the Court may find proper and reasonable was also sought.
Details of the petition (as extracted from the petition)
The Petitioner No. 1 is the Federation of Medical & Sales Representatives Association of India (FMRAI), a national level Trade Union with local units in 300 cities and towns of the country, registered in 1963 under the Trade Unions Act, 1926. Petitioner No. 2 is the Secretary of Petitioner No. 1 Union. Petitioner No. 3 is the National Coordinator of Jan Swasthya Abhiyan, an organization involved in health-related issues, and has been working as the pharmaceutical industry's watch since the last 40 years. Since 2005, the Petitioners have been seeking effective prevention and control of unethical marketing practices in the pharma industry by way of an enforceable Code of Ethical Marketing, through regular interaction with the Respondent No. 1 (MINISTRY OF FERTILIZER AND CHEMICALS, DEPARTMENT OF PHARMACEUTICALS).
The petition states :
"Petitioners seek enforcement of the fundamental right to health enshrined in the Right to Life under Article 21 of the Constitution of India in view of the ever-increasing instances of unethical marketing practices by Pharmaceutical Companies in their dealings with healthcare professionals resulting in the prescription of excessive and/or irrational drugs and a push for high-cost and/or over-priced brands, which are practices that directly affect citizens' health, violating their rights under Article 21 of Constitution. There are abundant examples that show how corruption in the pharmaceutical sector endangers positive health outcomes and puts patients' health at risk. As violations of this kind have become a recurring phenomenon and are progressively becoming more pervasive, the Petitioners pray that a Statutory Code of ethical marketing for the pharmaceutical industry, with penal consequences, be established to curb such practices for the enforcement of the fundamental Right to Health of the people of India. Due to voluntary nature of the existing Code, unethical practices continue to increase and have also surfaced during the COVID-19 times.
The profession of pharmaceuticals/ medicine is widely acknowledged as a noble one. Apart from being a source of livelihood, it contains inherent elements of sacrifice and service towards the ailing humanity. In manufacturing, selling, distributing and marketing medical substances, which include potent drugs, a pharmaceutical company enjoys great power over people and must conversely be charged with strict accountability of doing its utmost to safeguard the health and lives of people. Given the highly pernicious influence and power of the pharmaceutical industry over medicines, which are a social good because of their significance for individual lives, not only the production, sale and distribution of medicines but also the marketing thereof, including both direct advertising and indirect promotion, become important public issues. The government has a critical role in ensuring that these aspects are effectively regulated so that the health of people is not adversely affected due to considerations of profiteering"
The petition has been drawn by Advocate Surabhi Agarwal and filed through Advocate Aparna Bhat
Case Title: Federation Of Medical And Sales Representatives Associations Of India And Ors. Versus Union Of India And Ors.| W.P.(C) No. 323/2021
Click Here To Read/Download Order
