Date:20/04/2007 URL: http://www.thehindubusinessline.com/2007/04/20/stories/2007042002521100.htm

Back PIL on spurious drugs: `Implement Mashelkar panel recommendations'

P.T. Jyothi Datta

Thrust to implement Mashelkar Committee recommendations

Mumbai April 19 A Public Interest Litigation (PIL) on spurious drugs has been filed in the Delhi High Court, asking the Government to implement recommendations made by the Mashelkar Committee in an earlier report.

The PIL, filed in an individual capacity by Mr Harinder Sikka of drug-maker Nicholas Piramal India Ltd, was heard on Wednesday and admitted, Mr Sikka told Business Line.

Though the Centre accepted the recommendations made by the Mashelkar Committee over three years ago, it has not been able to implement them yet, he pointed out.

The PIL has also asked the Government to replace the L1 system of tendering and give preference to quality while procuring medicines, rather than considering proposals that offered the lowest price. Because of the L1 system, large drug companies do not participate in tenders, Mr Sikka said.

Concerns over the prevalence of spurious drugs in the country had peaked in 2003, when the death penalty had been mooted by then Union Health Minister, Ms Sushma Swaraj. But the Bill proposing the death penalty lapsed as the National Democratic Alliance (NDA) Government got unseated at the Centre.

The death penalty has since been converted into a life sentence by the subsequent United Progressive Alliance (UPA) coalition. Other penalties that the Union Health Ministry proposed included increasing the fine amount and making the offence cognisable and non-bailable.

There are still no numbers available to indicate the prevalence of spurious drugs in India. Earlier industry estimates of spurious drugs being one in every four medicines sold in the country and accounting for a revenue loss of Rs 4,000 crore were trashed by the Centre when the Mashelkar Committee had submitted its interim report in 2003.

Spurious drugs are found in different parts of the country including Delhi, the PIL said, and across therapeutic segments, from painkillers like paracetamols to fake insulin and chemotherapy drugs.

Some of the recommendations suggested by the Mashelkar Committee in its final report in November 2003 included designating a special court for speedy trial of spurious drugs cases.

"However, more than three years after the date of the said Report, none of its recommendations have been implemented," the PIL said.