Supreme Court orders formation of committee to examine issue of pharmas giving freebies to doctors for prescribing their drugs

The Supreme Court on Thursday ordered the Central government to constitute a committee to examine the issue of pharmaceutical companies giving freebies to doctors as incentive to prescribe their drugs [Federation of Medical & Sales Representatives Association of India v. Union of India]..A bench of Justices Vikram Nath and Sandeep Mehta directed that the committee should examine suggestions and representations by stakeholders and submit its recommendations to the Central government."We have directed the Union of India to constitute a committee. The committee will consider the suggestions and representations and give its recommendations to the Union government. Matter is directed to be listed on 29th January for consideration of compliance affidavit by the Union," the Court said.The Court passed the order on a public interest litigation (PIL) petition seeking directions to make pharmaceutical companies liable for giving freebies to doctors as incentive to prescribe their drugs.A detailed copy of the order is awaited..The plea by Federation of Medical & Sales Representatives Association of India sought direction to give statutory backing to the Uniform Code of Pharmaceutical Marketing Practices (UCPMP). .The PIL filed through advocate Aparna Bhat said that right to health is a part of the right to life and pharmaceutical companies adhering to ethical marketing practices is essential to that. There is currently no law or regulation that prohibits such practices in the absence of any statutory basis for the UCPMP, a voluntary set of rules for the sector, the plea stated.Corruption in pharmaceutical marketing practices is unregulated in India despite being a signatory to the UN Convention against corruption, the petitioner submitted This leads to a situation where the consumer pays a lot for branded medicines that is over-prescribed or irrationally prescribed by doctors in exchange for gifts, entertainment, hospitality and other advantages, it was contended.The potency of such drugs and poisons pose a danger to the life and health of people even as doctors can be penalised for misconduct facilitated by the pharmaceutical companies that walk away scot-free, the plea stated.The petitioner thus sought that directions to the government to give the UCPMP statutory basis and make it effective by providing a "monitoring mechanism, transparency, accountability as well as consequences of violations".In the interim, it was prayed that the top court itself issue such guidelines or make the UCPMP binding as it sees fit. .[Read Live Coverage]