NEW DELHI: A month after advising pharmacies to install CCTV cameras inside shops to check the sale of addictive drugs, the Delhi administration has made the measure mandatory. The order warns that non-compliance will invite legal action under Section 152 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The directive followed a resolution of the Narco Coordination Centre (NCORD), South District, in its meeting on July 29, where the Drugs Control Department had advised pharmacies to install CCTV cameras, stating that surveillance was necessary to curb the sale of medicines with dual use without valid prescriptions. Accordingly, pharmacies selling Schedule H, H1 and X drugs had been directed to install cameras both inside and outside their premises.
"All medical stores, chemists and pharmacies selling Schedule H, H1 and X drugs are hereby directed to install CCTV cameras inside and outside their shops… In case of non-compliance, appropriate legal action shall be initiated against the defaulter in accordance with law," the order copy read.
The move has, however, triggered unease among chemists who said the decision will be challenged in court. The Retail Distribution Chemist Alliance (RDCA), which represents shop owners across the city, has called the order arbitrary and said it infringes on the privacy of patients.
In a statement, the RDCA said while it fully supports the government's mission to prevent misuse of medicines, the current order raises "serious legal, practical and ethical concerns." The association said cameras inside pharmacies could expose patients' prescriptions and health records, violating their right to privacy as recognised by the Supreme Court.
"Such selective enforcement is unfair and arbitrary," the association said, adding that the order was silent on key aspects such as the type of cameras to be used, their placement, duration of footage storage and safeguards against misuse.
"Matters of pharmacy regulation fall under the central law of Drugs & Cosmetics Act, a central law. This surveillance through BNSS powers creates confusion and lacks legal backing," said Sandeep Nangia, President, RDCA.
The group also flagged the financial impact on small shopkeepers who, it said, would struggle to bear the sudden cost of installation and maintenance.
RDCA has urged the Delhi government to withdraw the order until comprehensive state-level guidelines are framed in consultation with stakeholders. It has also suggested that financial support or subsidies be considered if installation is made compulsory. "If our concerns are not addressed, we will be constrained to seek legal remedies before the Hon’ble Delhi High Court to protect the rights of chemists as well as citizens," RDCA said.