Last Updated on June 1, 2023 by The Health Master
E-Pharmacies
The Delhi High Court has allowed the Centre a six-week period to provide an update on the progress of consultations and discussions with stakeholders regarding the draft regulations for the regulation of e-pharmacies.
This comes in response to petitions seeking a ban on the “illegal” online sale of drugs and challenging the draft rules presented by the Ministry of Health and Family Welfare to amend the Drugs and Cosmetics Rules.
Court’s Position and Action Against Violations:
Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad emphasized that the pending cases would not hinder the Centre from taking action against those who violate the court’s interim order from December 12, 2018, which prohibited the sale of drugs without a license by online pharmacies.
Status Report and Timeline:
After reviewing the latest status report, the court noted that the Union of India has not yet finalized the draft notification from August 2018.
The report confirmed that the draft is still open for consultation and deliberation.
The bench granted the Union of India six weeks to provide an update on the outcome of the consultations, deliberations, and their final stance on the matter.
Draft Amendment and Stakeholder Input:
The Ministry of Health and Family Welfare issued a draft amendment to the Rules, 1945, to include regulations for the online sale of drugs through a notification on August 28, 2018.
The ministry invited objections and suggestions from all stakeholders for consideration. The ministry’s status report indicated that the petitioners’ representations are under consideration.
Further Deliberations and Stakeholder Views:
Taking into account the numerous concerns raised by various stakeholders regarding the draft notification, the court stressed the importance of considering their views and conducting further deliberations on the matter.
Conclusion:
As of now, the draft notification from August 2018 remains pending, awaiting consultation and deliberations by the Union of India.
The court has granted a six-week period for the Centre to provide an update on the outcome of consultations, deliberations, and their final position, while reiterating that the pending cases would not hinder the Centre from taking action against violators of the interim order from December 12, 2018.
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