It has been said in the petition that due to unethical marketing practices, it is advisable to consume expensive drugs, which affects the right to health and life of the citizens. A bench of Justices DY Chandrachud and Surya Kant sought the Centre’s response after hearing the arguments of senior advocate Sanjay Parikh, appearing for the petitioners Federation of Medical, Sales Representative Association of India and others.
The Department of Pharmaceuticals, Ministry of Law and Justice and Ministry of Health and Family Welfare have been made respondents in the petition. It has been argued in the petition that it is high time that the gap in ensuring the right to health is immediately filled by an appropriate law. The petitioner says that there are many such examples which show how corruption in the pharmaceutical sector has jeopardized the positive health outcomes and health of the patients.
Earlier on February 22, the Supreme Court had expressed concern over alleged freebies given by pharmaceutical companies for manipulating doctors’ prescriptions and recommending medicines prescribed by them, including gold coins, fridges, LCD TVs. , large packages for holidaying abroad and other financial aid. Against this background, the apex court held that the companies are not entitled to claim tax exemption on the expenditure incurred in providing incentives, but will be treated as part of their income.
demand for statutory code
The petition states that such violations have started happening frequently and gradually they are becoming more widespread. The petitioner says that a statutory code of ethical marketing should be made for the pharmaceutical industry with penal consequences to prevent such practices to protect the fundamental right of the people.
The petition argued that due to the voluntary nature of the existing code, unfair marketing continued to grow and have come to the fore even during COVID-19. In contrast, many countries including the US, France, Germany, Hungary, Italy, the UK, Venezuela, Argentina, Russia, China, Hong Kong, Singapore, Australia, South Korea, the Philippines, Malaysia and Taiwan have enacted stringent laws to prevent corruption in the pharmaceutical sector. have created.