The Delhi High Court has taken up petitions calling for a ban on the online sale of medicines, moving forward with a hearing on the issue after the Central government revealed it has yet to establish regulations for e-pharmacies. This development came to light through statements made by the South Chemists & Distributors Association (SCDA), a Delhi-based traders’ body which initiated the legal action seeking to prohibit online pharmacies.
During a recent hearing on May 8, the Centre informed the Division Bench that it had been unable to formulate the necessary rules for regulating e-pharmacies. This update follows previous court directives, including a final opportunity granted on March 4, 2024, for the Central government to devise a policy on the matter. Despite earlier deadlines and a draft notification issued in August 2018, the government failed to meet these requirements.
Consequently, the Delhi High Court has decided to proceed with hearing the case on its merits, considering arguments presented by SCDA’s counsels Sudhir Nandarjog and Amit Gupta. They highlighted provisions under the Drugs & Cosmetics Act of 1940 and related Rules of 1945, asserting that the absence of specific rules prohibits the sale of medicines, including online sales.
SCDA also referenced a report from a Drugs Consultative Committee sub-committee, which recommended against allowing e-pharmacies until comprehensive regulatory frameworks are in place. In response, representatives from online pharmacy firms defended their operations, stressing compliance with existing laws and licensing requirements.
The court has scheduled the next hearing for September 3, 2024, as it continues to deliberate on the complex legal and regulatory challenges surrounding online drug sales. The Ministry of Health and Family Welfare acknowledged the complexities involved, noting that any changes would affect multiple statutes and regulations beyond the Drugs & Cosmetics Act, 1940.
The ongoing legal proceedings underscore the contentious debate over the regulation of e-pharmacies in India, with stakeholders eagerly awaiting the court’s decision on this critical issue.