No Sale Of Medicines Online Till Norms Are In Place, Delhi High Court Refuses To Stay Previous Order

The Delhi High Court has refused to stay its order that disallowed the sale of drugs and prescriptions through online pharmacy portals unless the government frames rules for the same, reports the Press Trust of India (PTI).

While hearing the appeal by online pharmacies against the order, the bench consisting of Chief Justice Rajendra Menon and Justice V K Rao said, "once the rules come into play, you (online pharmacies) can start selling it (medicines). Problem is that today there are no rules regulating it."

The PIL (Public Interest Litigation) was filed by Zaheer Ahmed seeking a ban on the illegal sale of drugs and medicines online. In the petition, he noted that unlawful sale of such products online will lead to a drug epidemic, drug abuse and consumption of habit forming and addictive drugs.

The petition also claimed that the Ministry of Health, CDSCO (Central Drugs Standard Control Organisation) and an expert committee appointed by the government, all concluded that online sale of medicines and drugs conflicts with Drugs and Cosmetics Act, 1940 and other related laws.

However, the petitioners stated that they hold licenses to sell the medicines and that prescription drugs were sold to consumers only if they produce a valid prescription from a recognised doctor.

It was reported on 12 December 2018 that the government had informed the Parliament that it had published draft rules that will provide the regulatory framework necessary for the sale and distribution of drugs through online stores.

Also Read: Why Indian Pharma Sector Should Move From Generic To Innovation