In a major move that may turn again into a nationwide strike, the wholesale and retail drug traders from across the country have started criticising the central and state enforcement authorities for keeping silence over the illegal online sale of medicines by certain websites.

Questioning the legal base of the online business of pharmaceutical preparations by certain websites even before making a law for the sale by amending the existing Drugs and Cosmetics Act (D&C Act), the traders are alleging that it is due to the inefficiency of the enforcement departments that certain websites have started e-pharmacy trade.

According to chemists from various states, online pharmacy business has started in many places in the country through some website operators. They allege that even after the Bombay High Court’s direction to the government of Maharashtra some time ago to take action against unauthorised sale of medicines, the online pharmacy business is going on incessantly in the country. No FDA in any state or the DCGI is initiating any step to prevent the online sale not warranted by any law.

It was said in the PIL filed with the Bombay High Court by a consumer that any drug, even the Schedule H drug, can be availed online without any prescription or without the supervision of a registered pharmacist.

Kumbakonam Sreenivasan, the president of Tamil Nadu Chemists and Pharmacists Association (TNCDA) said the websites operating online pharmacy are violating the existing law of the land regarding drug sale. As per the existing provisions of the D&C Act and Rules, online pharmacy cannot be allowed and the regulatory body should take action against it. Schedule H and Schedule X medicines such as Diazepam, Lorazepam, insulin, etc are now sold through online.

Raj Vaidya, a community pharmacist from Goa, has criticised the regulatory bodies of the states and Centre for not banning this sale before any amendment is made to the D&C Act.

He said even though complaints are coming up from several quarters against this unauthorised sale of medicines, no government is taking any action, but allowing the agents to function their business smoothly. He said this is a dangerous practice as the drugs are reaching the end consumer not through a pharmacist.

While responding to this illegal trade, Subhash C Mandal, the assistant drugs controller in Kolkata said the central government has constituted a committee to study the possibility of introducing online pharmacy in the country, but nothing more than that has been made. He said he is also aware of the on-going online business of medicines by certain websites in various parts of the country. It is closely being watched by the regulatory bodies in all the states and soon the report will come out.

S. Sivabalan, the deputy drugs controller in Tamil Nadu, said as per the existing D&C Act, the authorities cannot allow online sale of drug business, but it has already started according to reports. “Since no complaint from any quarter has been received by the department, it is unable to initiate action against any agency. However, if the drug inspectors find such sale of drugs without the prescription or without the supervision of pharmacists, they will take action,” he said.

The All India Organisation of Chemists and  Druggists (AIOCD) had conducted a nationwide ‘pharma bandh’ on October 14, 2015 demanding action from the Centre against illegal online sale of medicines.