Delhi HC Orders Health Ministry's Online Drug Sale Policy in 4 Months

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The order was issued by a division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora following the Ministry's request to allow four more months for framing the policy for online sale of drugs as per the draft notification issued more than five years back, owing to complex nature of the matter. The draft notification for online sale of drugs was published on August 28, 2018.

The Ministry, in its appeal requesting further time, submitted that the subject of online sale of drugs is one of a complex nature and any modification in the manner of sale of drugs will have far-reaching consequences and will involve changes in many other Acts and Rules/Regulations apart from Drugs and Cosmetics Act, 1940; Pharmacy Act, 1948; Pharmacy Practice Regulations, 2015; Indian Medical Act, 1956; Code of Ethics Regulations, 2002, and Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954.

"It is further submitted that the modifications will also involve changes and amendments in these Acts and Rules/Regulations and how these Acts and Rules/Regulations are operated and enforced by all their respective stakeholders," added the Ministry.

Given the submission, the division bench said it is giving the Ministry the last and final opportunity to frame the policy within four months.

"It is made clear that if the draft policy is not prepared before the next hearing date, this Court will have no other option but to proceed with the matter," added the division bench in its order on March 4, 2024. The matter is listed now on July 8, 2024.

The Ministry has been seeking an extension of time for framing the policy in the past several hearings. The High Court, in its previous hearing on the matter in November 2023, gave a request to the Centre to frame the policy in eight weeks, noting that the Centre had sufficient time to prepare a policy as five years have lapsed after publishing a draft notification regarding this.

The orders are issued on a petition filed by Dr Zaheer Ahmed, Delhi-based South Chemists and Distributors Association (SCDA), and others against the Central Government not taking action on the e-pharmacies, among other requests.