Spurious drugs bill to be moved in next session of parliament

The Union health ministry will put on fast track the much delayed Drugs and Cosmetics (Amendment) Bill, 2005, stipulating stricter penalties for manufacturing and selling spurious drugs and will move the bill in the forthcoming monsoon session of Parliament. The bill has recently received the Union Cabinet's nod.

Sources said the Union health minister Dr Anbumani Ramadoss is keen to operationalise the bill during the term of this government itself. With political equations changing fast in the national capital, the minister is learnt to be keen on the smooth passage of the bill to ensure harsh punishment to those who resort to manufacture and sell spurious drugs in the country.

Once the ministry gets the Parliament nod, it will issue a draft notification asking the general public for suggestions and objections, if any, on the proposal. After the expiry of this period, the ministry will act on the draft as per the suggestions and objections before implementing the bill.

The proposed amendment is a landmark move as it stipulates that those caught manufacturing and selling spurious drugs which are likely 'to cause death or harm to the body as would amount to serious hurt, solely on account of such a drug being administered' shall be punishable for a term which shall not be less than 10 years but may extend to imprisonment for life.

The guilty will also be liable to pay a fine which shall not be less than Rs 10 lakh or three times the value of the drugs confiscated, whichever is more. At present, the jail term for those involved in manufacturing and marketing spurious drugs is five years with a fine of Rs 10,000, which usually goes into the state's coffer. As per the new amendment, the fine paid by those found guilty of producing and selling spurious drugs would go to the family of the person who died after consuming the drug and not to the government.

Apart from specifying the relatives who will receive the compensation, the bill also incorporates a provision for creating special courts to undertake speedy trial of drug-related offences. It makes all drug-related offences cognisable and non-bailable.

(Ref: Chronicle Pharmabiz dated 25 July 2008)