The Bombay high court on Thursday directed the state government to take appropriate steps to regulate online sale of medicines till a specific law or rules were enacted. The bench asked the government to work out a plan to stop online sale of medicines without proper prescription from doctors.
The bench was hearing a petition filed by Mayuri Patil, a lecturer at S.K. Somaiya College, highlighting the rise in online sales of abortion pills to college students using fake doctors’ prescriptions. Ms Patil had cited the example of one of her students who remained absent from regular lectures for several days. Ms Patil only found out later that the student was pregnant and had sought to end her pregnancy by popping abortion pills sold online. She had purchased the pills with a fake prescription. Ms Patil sought a ban on the practice of selling scheduled drugs online without proper prescription from doctors. Ms Patil’s lawyer, Vallari Jathar, argued that under the Drugs and Cosmetics Act, Schedule H drugs could not be bought without a doctor’s prescription as their side-effects were dangerous However, these drugs were being sold online.
The government, in the meantime, informed the division bench of Justice N.H. Patil and Justice S.B. Shukre that it had set up an experts’ committee under the chairmanship of Food and Drugs Administration commissioner for regulation of online sale of medicines. The government pleader also informed the court that the committee had invited suggestions till October 30 from people, NGOs and pharmaceutical organisations, and after perusing the same, would issue recommendations for amendments to the Drugs and Cosmetics Act. On this, the bench advised the committee to study laws of developed countries like the US, UK and Norway where online sale of medicines was allowed, and also those of Turkey, Thailand and Korea where online sale was not allowed.
The court was also informed that two portals selling medicines were being prosecuted and the government was also thinking of blocking them. The judges suggested that the government be proactive as the issue pertained to public health.
According to petition, under provisions of the Drugs and Cosmetics Act 1940 and Drugs and Cosmetics Rules 1945, drugs prescribed in Schedule H cannot be sold without a doctor's prescription. These include abortion pills, sleeping tablets and pills to prevent pregnancy.
