Stringent laws needed to check fake drugs trade
Written by THE INDUS TIMES   
Friday, 15 August 2003
THE INDUS TIMES
Friday August 15 2003
 

 

Stringent laws needed to check fake drugs trade

 
MR HARINDER S. Sikka, senior president, corporate affairs, Nicholas Piramal India Ltd, has said the recent  High Court obser­vation on the alarming rise in the spurious drugs business is but a reminder of the grim reality that the mafia has its tentacles far and wide. While Bhagirath Palace, located in the walled city, is consid­ered to be the Mecca of the spurious drugs trade, the business is thriving elsewhere, too, because there is virtu­ally no legal-frame-work worth the name that can keep the culprits behind bars for long periods.

In an exclusive interview with o9k Indus Times, he said in India, there are over 20,000 small and big registered drug manufacturers. However, if a systematic inspection is carried out, it Who are the people who are indulging in the spurious drugs business?

A. Basically there are two kinds of spu­rious dealers. One who deal only in spuri­ous drugs and sell them clandestinely. These people also deal in the sale and pur­chases of drugs that are sold to government organisations and are officially disposed of after the drugs' expiry dates. These drugs are then clandestinely rerouted to rural areas to the gullible masses.
The committee, headed R. A. Mashelkar, Director-General of the Council of Scientific and Industrial Research, in its interim report to the Health Minister, Mrs Sushma Swaraj, has recommended that the people who deal in spurious drugs should be sen­tenced to death. The committee has also said that offenders be fined RS.1 00,000 or thrice the value of the drugs seized. It said the penalty for manufacturing spurious drugs should be raised from the current five to seven years to a min­imum of seven years to a life term. It has advised that manufacture, sale and dealing in spurious drugs should be made a cognisable and non-bailable offence. The committee was appointed to study ways to curb the manufacture and sale of spurious drugs. R. A. Mashelkar submitted its interim report to Health Minister Sushma Swaraj

 

The second sets of spurious dealers are those who manufacture drugs under valid drug licences and make money by reducing the potency of the drug. It is like selling a litre of milk at Rs. 4 per litre when the mar­ket price is around Rs.l O. Since the profit margin is between 1,000-5,000 per cent, it leaves spurious dealers with enough money to create well-financed defences. This busi­ness is expanding also because selling spu­rious drugs is not a cognizable offence. This is very likely that a large number of drug producers would be found want­ing in meeting the stringent qualifica­tion criteria and consequently would stand to lose their licences.

He said about two years ago, the Indian Pharmaceutical Alliance had set up a Task Force. This small step has thus far resulted in the arrest of 51 people, besides seizure of Rs.12 crore worth of goods. This task force has achieved far more than the combined effort of all the drug inspectors in the country. It is apparent that either the drug inspectors are unable to see the problem or have converted the same into an opportunity.

It is but obvious that a parallel drugs trade as big as Rs.4,OOO crore cannot flourish without the direct involvement of the regulators. It is also not possible for any chemist to be unaware of the quality of drugs lying in his store, he said. The excerpts:

culprit comes out on bail within 24 hours of being arrested.

What are the main reasons for the rapid growth of this business?

A. a) No growth as rapid as this can take place without the knowledge of the regula­tors. It is, therefore, obvious that a strong nexus exists between the government agen­cies and spurious dealers for such business to flourish.

 

b) There are virtually no checks worth the name for such goods to be stopped from exports. This has resulted in many African and Latin American countries lodging com­plaints against India. Unfortunately, this has resulted in the US putting our country under the Special 30 I watch list.

c) Till now there has been no sustained and focused effort to control the menace. Besides, the State Drug Controllers do not report to the Central Drug Authority. With the result that the left hand remains oblivi­ous to what the right is doing

 

How do you think this menace can be checked?

A. a) The country needs new and tougher laws to be enacted by Parliament if the rapid spread of the fake drugs business is to be stopped. Unless the issue is dealt with at par with narcotics and treated on a zero tolerance basis, the cancer could spread and cause severe damage to the morale and fibre of our nation. The death penalty indeed is a bold and good initiative.

Simultaneously, the government should set up a National Spurious Drugs Authority, on the lines of the TRAI, to keep a watch­ful eye on the fake drugs business.

b) Strictest action, including, cancelling of drug licences against defaulting compa­nies.

c) Most severe punishments at par with narcotics.

How do you think this menace can be checked?

A. a) The country needs new and tougher laws to be enacted by Parliament if the rapid spread of the fake drugs business is to be stopped. Unless the issue is dealt with at par with narcotics and treated on a zero tolerance basis, the cancer could spread and cause severe damage to the morale and fibre of our nation. The death penalty indeed is a bold and good initiative.

Simultaneously, the government should set up a National Spurious Drugs Authority, on the lines of the TRAI, to keep a watch­ful eye on the fake drugs business.

b) Strictest action, including, cancelling of drug licences against defaulting compa­nies.

c) Most severe punishments at par with narcotics.

d) Last but not the least, people should insist on a cash memo while buying medi­cines. This is the only way one can keep track of the chemist and also get to the manufacturer in case the medicine triggers side-effects or no effects.

 
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