From Monday, selling spurious drugs can not only put you behind bars for life, but can also prove heavy on your pocket. In a landmark move to combat the menace of fake or spurious life-saving medicines, the government has now made the offence cognizable and non-bailable. When the decision appears in India's official gazette two days from now, peddlers of spurious drugs will face life imprisonment and/or fine of Rs 10 lakh or three times the value of the drugs confiscated, whichever is more.
On the other hand, scientists violating and conducting unsafe and unethical clinical trials will face imprisonment of five years and a fine of Rs 20 lakh.Interestingly, the fines realized in such cases will be paid to the relative of the deceased.Union health minister Ghulam Nabi Azad said on Friday that "short of capital punishment, everything will be done to stamp out the circulation of spurious drugs. I signed the papers on Thursday and the new law will be notified soon."Officials added, "The Drugs and Cosmetics (Amendment) Act, 2008, has been enacted and the gazette notification thereof provides stricter penalties for offences relating to spurious and substandard drugs.
Offences relating to sale and manufacture of spurious and adulterated drugs have been made cognizable and non-bailable offences."Penalties relating to manufacture of adulterated drugs or manufacture without a valid licence has been increased to imprisonment for a term not less than three years and a fine not less than Rs 1 lakh.A provision has also been introduced giving power to the Central government to regulate or restrict and manufacture of drugs in public interest.
Enhancement of the penalties for violation in respect of cosmetics and drugs belonging to the Indian Systems of Medicines have also been done. Penalty for selling a fake unani, ayurvedic and siddha drug has been raised to Rs 50,000 or three times the value of drug confiscated."So far, the law was very mild. No action could be taken against those who were caught. Now there will be special courts to fast track trials," Azad said.
Earlier, Azad had proposed a "whistle blower" policy that would handsomely reward both the public and officials who provide information about and help in the seizure of spurious, adulterated and misbranded drugs, cosmetics and medical devices.According to the policy, the reward of a maximum of 20% of the total cost of a consignment seized will be payable to the informer which should not exceed Rs 25 lakh in each case.
In respect to an official in the government or in the Central Drugs Standard Control Organisation (CDSCO), the reward will not exceed Rs 5 lakh for one case and a maximum of Rs 30 lakh in his or her entire service.According to Azad, since spurious drugs affect the health of citizens as well as the prestige of the country's pharmaceutical trade interests, there will be a sense of urgency in taking on the menace on a priority basis.
According to the Drug Controller General of India, the size of India's pharmaceutical industry is Rs 85,000 crore, out of which Rs 35,000 crore worth of pharma products are being exported.The health ministry, however, estimates that 5% of the drugs sold in the country are counterfeit while 0.3% are spurious. A counterfeit medicine is one that has no active ingredient or is an expired drug which has been re-labelled and sold. It's different from a fake drug, which may not resemble the original in any way.
Source: Times Of India
