How are medicines sold online, abroad?

MUMBAI, INDIA: Putting an end to yet another controversy over the sale of medicines online, the Bombay High Court has directed the state government to study safeguards used by online marketplaces abroad.

A division bench of justices Naresh Patil and S B Shukhre observed, "Why do these countries allow online sale, and what safeguards do they have in place to prevent sale of drugs through fraudulent methods? This has to be first examined before we allow or disallow the sale of medicines online, in Maharashtra."

The judges asked the committee constituted by the state government to constituted a committee, with terms of reference for sale and regulation of medicines through online websites, to study laws of developed countries such as the US, the UK and Norway, where online sale of medicines is allowed, and of countries such as Turkey, Thailand and Korea, where it is not allowed.

The bench said, "Why is it that these countries have allowed online sale, and what safeguards have they kept in place to avoid sale of drugs through fraudulent ways has to be examined before we allow or disallow the sale in Maharashtra."

They also directed the state government to consider taking steps in law to regulate the sale of medicines through websites, until a proper law is enforced.

It must be noted that the state government has constituted a committee, with terms of reference for sale and regulation of medicines through online websites. The committee has called for suggestions from the public, NGOs and other organizations, after which it will issue recommendations to carry out the necessary amendments in the Drugs and Cosmetics Act. The suggestions will be received till October 30.

It is also important to recall that the court made these observations while hearing public interest litigation (PIL) filed by Professor Mayuri Patil, who teaches in a city-based college. Patil moved the High Court after finding out that one of her students purchased abortion pills online and fell sick after consuming them.

Patil, through her advocates Vallari Jathar and Dhariyasheel Sutar, has argued that easy availability of such drugs should be banned. Under the Drugs and Cosmetic Act, Schedule H Drugs cannot be bought without a valid prescription, as their side effects could be dangerous. The websites, however, are making them available easily.