Online pharmacies laws in India are still in nascent stage and there are no dedicated online pharmacy laws in India. The Information Technology Act 2000 governs some of the legal issues pertaining to online dealings but it is silent on the aspect of online pharmacy. As a result, illegal online pharmacies have been increasing in India. If properly regulated, Online pharmacies in India could prove beneficial to various stakeholders.
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Deficient Indian Laws
The Drugs and Cosmetics Act, 1940, and the Drugs and Cosmetics Rules, 1945, have guidelines on the sale of Schedule H and Schedule X drugs. These can be sold only on prescription and there are specific rules, including for labelling. As most of the online pharmacies in India are not complying with Indian laws and the laws of other jurisdictions, they have been facing regulatory sanctions. Media reports claim that some of the online pharmacies are even controlled by organised criminal networks.
The anti-narcotics cell (ANC) of India has witnessed widespread addiction and rampant sale of a new chemical drug, MD ( chemical “mephedrone”), that can be bought online from online pharmacies without any restrictions. ANC is expecting an amendment in the Narcotics Drugs and Psychotropic Substances Act (NDPSA) of 1985 to tackle this nuisance.
Recent Developments
Patients would be able to book online a bed in All India Institute of Medical Sciences (AIIMS) very soon. The King George's Medical University (KGMU) of India is in the process of preparing an inventory of all generic medicines available across the country. Once the list is ready, it would be uploaded on the patient information management system and prescription would also be issued online and any medicine other than the one in the inventory will not be accepted by the system. India is also promoting the traditional medicines and practices of Ayurveda, yoga, naturopathy, Unani, Siddha and homeopathy. A telemedicine application has also been launched that connects patients in remote clinics with the doctors in tertiary hospitals via a video conference, launched through BlackBerry Messenger. The doctor then performs live face-to-face consultation for the patient by means of a video session. These developments show that online pharmacy related legal issues would also be taken up by Indian government very soon.
Medicines Exports
India medicines are also exported and United States has taken a tough stand against Indian medicines supplied through online pharmacies. In 2014, The U.S. FDA, in partnership with other federal and international agencies, took action against websites, some based in India, that were selling drugs to U.S. consumers against U.S. laws.
Needed Regulations
Online pharmacies in India must be adequately regulated so that they could prove beneficial to various stakeholders.