Study Material | Test Series
Drishti IAS
call1800-121-6260 / 011-47532596
Drishti The Vision Foundation
(A unit of VDK Eduventures Pvt. Ltd.)
mains Test Series 2018
Q. Delhi High Court on ban on combination of drugs: Comment on recent order of Delhi High Court on ban on fixed dose combinations.
Dec 05, 2016 Related to : GS paper-2

Ans :

Introduction-

Recently Delhi High Court has quashed the order of ban of 344 fixed dose combinations by central government. While delivering the order court observed that central government had acted in a haphazard manner and did not take the advice of the statutory bodies under the Drugs and Cosmetics Act before issuing the ban notification.   

Background-


In March, central government has issued notification of banning 344 fixed dose combination (FDC) medicines, including well known brands like Corex cough syrup, Vicks Action 500 extra,  D'Cold etc.

Analysis-

  • According to central government it has banned more than 300 drugs on the ground that they involve risk to humans and also other safer alternatives drugs were available.
  • As government formed expert committee they lacked safety and efficacy, hence it is necessary and expedient in public interest to regulate by way of prohibition of manufacture for sale, sale and distribution for human use of said drugs in the country.
  • But while challenging the order, the drug companies argued that the government has not properly implemented the powers under section 26A of Drugs and Cosmetics Act, under which the ban was ordered.
  • Drug companies also argued that the ban order was passed without considering clinical data and had termed it as absurd.
  • The ban on combination drugs that have little therapeutic value was undoubtedly done for bona fide reasons. But, the government was failed to convince the court.
  • Even judiciary, refrained from going into the merits of the ban and concluded that the ban was invalid because the power under the Drugs and Cosmetics Act was exercised without consulting the required authorities.


Conclusion-

The government has banned over more than 300 fixed dose combination drugs that have little therapeutic value. Though government has banned these drugs with intention to secure public interest, but government had made mistake in following the process. Hence to secure the public interest, it is most necessary to follow the statutory paths.   

 


Helpline Number : 87501 87501
To Subscribe Newsletter and Get Updates.