HC Stays Ban on Online Sale of Drugs
03, Jan 2019
Prelims level : Role of Judiciary Mains level : GS 2: Role of Judiciary
- A Division Bench of the Madras High Court on Wednesday stayed the operation of a single judge’s December 17 order banning online sale of medicines.
- The Bench has said that imposing a sudden ban would cause grave hardship and health issues to patients relying on e-pharmacies.
- It further said that the number of people who prefer to purchase medicines online was on the rise because not all patients and their caregivers would be in a position to go in search of the required drugs. It added that e-pharmacies aided those who travelled from one state to another for medical treatment. On the other hand, the Bench warned that sale and dispensation of medicines requires great care as it deals with human lives
- It is argued that there was no necessity to ban online sale in toto when e-pharma firms had conceded that the authorities constituted under the Drugs and Cosmetics Act of 1940 were already empowered to initiate appropriate action against them.
- And also, there was no possibility of any irregularity or illegality as medicines would not be dispensed online without buyers having furnished prescriptions from registered medical practitioners.