The All India Organisation of Chemists and Druggists (AIOCD), a prominent association representing over 1.2 million chemists nationwide, has raised serious objections to RailTel Corporation of India's proposal to engage online pharmacy platforms for delivering medicines directly to consumers’ homes. RailTel, a public sector enterprise operating under the Ministry of Railways, intends to implement this initiative in collaboration with hospitals managed by Indian Railways.
In a letter to Union Minister of Railways, Ashwini Vaishnaw, AIOCD President J.S. Shinde and General Secretary Rajiv Singhal conveyed serious concerns about the proposal. They argued that online pharmacies currently operate without a legal framework in India, making such activities unlawful. The letter emphasized that the RailTel initiative, if pursued, would contravene Indian laws, potentially leading to severe legal and public health repercussions.
The AIOCD letter described the move as a "serious error in judgment" by RailTel and speculated that the decision might have stemmed from a lack of awareness about the legal status of online pharmacies. It underscored those Indian laws, including the Drugs and Cosmetics Act, 1940, do not recognize or regulate the sale of medicines through online platforms. The letter stated that no current rules or regulations govern the sale of medicines through online pharmacies, rendering such activities a clear breach of the law.
The organization expressed hope that the RailTel Corporation’s intent was not to bypass Indian laws or endanger public health. It urged the immediate withdrawal of the proposal, describing the initiative as irresponsible and legally untenable.
AIOCD underscored the legal context opposing online pharmacy operations by citing a landmark 2018 judgment from the Delhi High Court. This ruling explicitly prohibited online pharmacies, citing their lack of legal standing under Indian law. Furthermore, the Central Drugs Standard Control Organisation (CDSCO) had also confirmed that online pharmacies were not accounted for under the Drugs and Cosmetics Act. The court ruling and CDSCO’s stance collectively reinforced the illegality of online pharmacy operations in the country.
The organization pointed out that the sale and distribution of medicines must adhere to stringent legal provisions. As per the Drugs and Cosmetics Act, medicines can only be sold within licensed premises. While the government temporarily allowed home delivery of medicines during the COVID-19 pandemic, this exemption was restricted to local, registered pharmacies and did not extend to online platforms.
This includes the prescriber's signature, the seller's details, including name and address, as well as the delivery date. The organization argued that online pharmacies frequently fail to meet these conditions, particularly when dealing with prescriptions issued via telemedicine portals, rendering such transactions unlawful.
The letter further warned that continued online sale of medications, especially Schedule Drugs, through unregulated means could lead to severe penalties for those involved. The organization reiterated that allowing online pharmacy operations not only breaches the law but also exposes the public to significant health risks.
While the government introduced the Drugs and Cosmetics (Amendment) Rules in 2018 to regulate e-pharmacies, these draft rules remain in limbo, awaiting finalization. This regulatory gap has created ambiguity, enabling major online pharmacy platforms like Tata 1mg, Practo, PharmEasy, and NetMeds to operate in a legal grey area.
The legal status of online pharmacies has also been the subject of varying court decisions. For instance, in 2022, the Madras High Court overturned an earlier ruling that prohibited their operations. Online pharmacy platforms argue that they function as intermediaries, connecting consumers with licensed pharmacies, and therefore claim to operate within the bounds of the law.
"The organization is dedicated to protecting the interests of the pharmaceutical industry while prioritizing public health and safety. We strongly appeal for the immediate withdrawal of this proposal," the letter concluded.
(Input from various sources)
(Rehash/Sai Sindhuja K/MSM)