SALE OF
SPURIOUS DRUGS
IN INDIA
Very Recently, the Supreme court of India observed - “In this country, if there are two laws that need to be changed or amended to act as a deterrent, they are laws relating to anti-corruption and sale of spurious drugs.”
Giving one example, the Court said, “Today, the Income Tax department owes over Rs 40,000 crore to tax payers towards refund money. But they don't give it. Why do you think they are holding the money? Because they want some bribe.
Giving one example, the Court said, “Today, the Income Tax department owes over Rs 40,000 crore to tax payers towards refund money. But they don't give it. Why do you think they are holding the money? Because they want some bribe.
"Similarly, take the case of sale and supply of spurious drugs which is rampant in the country. You may prosecute a person but he would get away paying a fine of Rs 500. But by that time, the patient would be dead. So, you need to amend these laws," the Court said.
The Court was seeking changes in the Prevention of Corruption Act and the Drugs and Cosmetics Act, 1940.
The comments of the Supreme Court come not a day soon. The Government of India and all state Governments must take these comments seriously and act on them on priority basis.
Regarding spurious drugs – the respective state and central drug controllers and other controlling authorities must at least act on the existing laws and ensure that there are no sales of Spurious drugs in any pharmacy or drug store. There is no knowing how many people suffer and how many lives are lost – due to spurious drugs. Hospital Administrations do not own up responsibility for any death or aggravation of illness. All public anger is wasted on them.
But we must at least ensure that –
(i) Chemists and Druggists do not stock and sell spurious drugs to any one.
(ii) Hospitals and Private Practitioners do not purchase, prescribe or sell spurious Drugs.
(iii) Not only the Pharmacists / chemists but also the manufacturers are tracked and punished very severely.
FDA in USA does and admirable job of certifying quality drugs and banning spurious drugs – many of which remain in circulation in countries long after they are banned in USA.
We also must have a strong, independent, powerful and effective Drug Control Administration - headed by an independent regulator, overseeing the District Drug Control Administrations and state level drug control administrations.
Secondly – there must be an efficient mechanism to discard the time-expired drugs promptly – at the Pharmacist / Druggist level itself. It is more important to do so – in Hospitals. Currently, there is no efficient mechanism to ensure these aspects.
India has a great tradition of Ayurved, Siddha, Unani and other indigenous medicinal systems. These sciences are languishing only because of Government apathy – at not promoting further research in to them. These are great Indian sciences – and highly effective. We must be justifiably proud of Charaka and Susrutha and such other great indigenous medical researchers of the ancient days. We need their level of research once again in India. Drug manufacture under these systems must also be standardized.
For any system, specially the Indian systems - It is not enough to license or de-license. In fact, licensing is usually a mechanism promoting corrupt practices in India. On the other hand, we need strong government support to the manufacturers and doctors of the Indigenous systems on one side – and also government funded research into these systems. These systems must have pride of place in India.
We do have a Drug Controller General (India) in the Central Drugs standards control organization – with a Deputy Drugs Controller for one or more states. They have a whistle Blower scheme – enabling members of the Public to inform them of sale of spurious drugs. But, these are concentrating on Allopathic Drugs mostly.
In respect of allopathic drugs also – the machinery currently in place is some what ineffective – as we see spurious drugs sale as a big menace for public health – inviting even the wrath of Supreme Court. It needs strengthening.
We can create an additional Drug controller for Indigenous systems - and ensure that we have quality drugs from our manufacturers. Then only, other countries (Like European countries) who are unconvinced about our systems – will try them boldly.
Let us Hope that India wakes up to this challenge of spurious Drugs and eliminates them altogether from public life.
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