NEW DELHI: Public health experts expressed “alarm” over the “weakening” of the Drugs and Cosmetics Act, 1940, after offences under it were decriminalised in the ongoing monsoon session of the Parliament.
Lok Sabha on Thursday passed the Jan Vishwas (Amendment) Bill, 2023, which amended 42 Central Acts across sectors including health, environment, agriculture, media and publication. The Bill decriminalised 180 offences, which earlier attracted jail terms and penalties, or both.
However, experts say among the din in the Parliament, the Drugs and Cosmetics Act 1940 and the Pharmacy Act 1948 were decriminalised without much debate. Offences will not attract a jail term now, just a fine. Dinesh C Thakur, author of ‘The Truth Pill: The Myth of Drug Regulation in India’, tweeted, “This Bill fulfils a long-standing wish list of the industry that if you suffer bodily harm from substandard medicine, no one will be held punitively accountable. So much for good governance.”
The Union Health Ministry reacted, stating that the Act “has not been decriminalised” but “compounding has been offered as a mechanism for resolution of the litigation.” It also listed the drugs that will not be covered under the provision.
“The quality of our drug supply, which is poor, to begin with, will degrade further. There is no longer a deterrent under the law,” Thakur said, adding that India, dubbed as the ‘pharmacy of the world’ is not presenting a good image to the world.
Prashant Reddy, a lawyer specialising in intellectual property law and drug regulation, said that the health ministry is now saying they are making the offence compoundable. “The aim of bringing the amendment was to classify certain drug-related violations as compoundable offences, which means that anyone held under the charges can be let off after paying a fine. In this case, Rs 5 lakh,” he said, adding that this means the pharma industry won’t have any accountability.